Ritu, Author at SCC Times

Termination without opportunity of being heard violates Article 311(2) mandate: Calcutta High Court

The Calcutta High Court determined that the termination, despite being framed as simpliciter, was based on respondent’s alleged misconduct.

Case Briefs High Courts

Calcutta High Court directs Maulana Abul Kalam Azad University of Technology to renew Calcutta Institute of Science and Management’s Affiliation for 2023-2024

Calcutta High Court held that since the State did not assert any violation, the University had no grounds to deny affiliation based on lease conditions

Case Briefs High Courts

Calcutta High Court sets aside medical negligence charges on finding ‘palpable wrongs in the adjudication process’

The Calcutta High Court observed that the benchmark for determining negligence in professional cases is the ‘reasonable standard’, fixed by the law of averages.

Case Briefs High Courts

‘Howrah unit qualifies as small enterprise under MSMED Act’; Calcutta High Court directs issuance of Eligibility-cum-Registration Certificate under W.B. Incentive Scheme, 2013

The definition of a “new industrial unit” does not require manufacturing new items; it applies when an existing unit sets up a branch in a different location.

Case Briefs High Courts

‘Right to property is a constitutional right under Article 300-A’; Calcutta High Court grants Compensation for land utilisation without due process

Calcutta High Court acknowledged the delay but emphasised that delay cannot deprive an individual of legitimate claims arising from expropriation.

Case Briefs High Courts

Calcutta High Court decides technical eligibility criteria and joint venture value assessment in Railway tender dispute

Calcutta High Court emphasised on the principle of judicial restraint in interpreting tender documents and rejected claims of mala fides without specific pleadings.

Case Briefs High Courts

‘Inheritance rights and authority restricted to deceased testatrix’s footsteps’; Calcutta High Court’s major relief to Lodhas in Priyamvada Birla Will Case

In the instant matter, the Calcutta High Court delivered its final judgment, clarifying the rights of Mr. H.V. Lodha in the operating companies, bringing an end to this complex and protracted legal saga.

Case Briefs High Courts

Tender alterations after bid submission arbitrary and violative of Article 14: Calcutta High Court

Respondent authorities are instructed to proceed with the tender process based on the original tender document.

Case Briefs High Courts

Regional Provident Fund Commissioner has no authority to revoke exemption for Jute Mill under Employees’ Provident Funds Act, 1952: Calcutta High Court

Calcutta High Court emphasised that the appropriate Government has not cancelled or amended the terms of the exemption under Section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

Case Briefs High Courts

Calcutta High Court affirms conviction under Section 138 of NI Act; upholds Lower Courts’ findings on Part Payment Evidence

Calcutta High Court upheld the lower courts’ conclusion regarding the unreliability of Exhibit A and Exhibit B as the petitioners’ defense did not raise a reasonable doubt.

Case Briefs High Courts

Calcutta High Court dismisses petitions seeking appointment as primary teachers due to document verification failure

Calcutta High Court held that the petitioners, having failed to satisfy the appointing authority, could not claim a right to appointment.

Case Briefs High Courts

Calcutta High Court dismisses revision considering time lapse and availability of legal recourse under Section 144(5) CrPC

Section 144(5) of the CrPC empowers any Magistrate can rescind or alter an order made under this section.

Case Briefs High Courts

Calcutta High Court upholds right to challenge non-arbitrability in landlord-tenant dispute; sets asides Arbitral Award

Applying Section 3 of the West Bengal Premises Tenancy Act, 1956, the Calcutta High Court determined that the dispute is governed by the tenancy act.

Case Briefs High Courts

SARFAESI Act does apply to fishing vessels; Co-operative Banks have discretion to choose recovery methods: Calcutta High Court

“Definition analysis of ‘vessel’ includes fishing vessels under the Merchant Shipping Act, triggering Section 31(d) exemption.”

Case Briefs High Courts

Section 43(4) of Arbitration and Conciliation Act, 1996 does not create new window after expiry of limitation: Calcutta High Court

“The limitation for filing an application will start to run from the day when the cause of action accrues regardless of the existence of an arbitration clause.”

Case Briefs High Courts

Calcutta High Court mandates Police Picket at deceased INC political worker’s wife residence to ensure Peace and Security

The instant matter involves allegations of police inaction and need for protection of wife of deceased political worker associated with the Indian National Congress following political violence during West Bengal Panchayat Election 2023.

Case Briefs High Courts

Calcutta High Court upholds Bank’s right to take disciplinary action against employees for proven misconduct

“Any misconduct on the part of the bank employee/ officer can be meted out with disciplinary action in accordance with the service rules and regulations.”

Case Briefs High Courts

Madhya Pradesh High Court quashes FIR in contractual dispute due to ‘lack of specific allegations and delay in lodging complaint’

Madhya Pradesh High Court emphasised that a purely civil dispute should not be converted into a criminal prosecution.

Case Briefs High Courts

“No Anticipatory bail when Investigating Officer does not intend to arrest”; Madhya Pradesh High Court directs cooperation in Investigation

Madhya Pradesh High Court warned the appellants of consequences, including contempt of court, for non-compliance with the directions.

Case Briefs High Courts

Calcutta High Court invokes Force Majeure in sand mining lease dispute; grants extension of lease

Calcutta High Court opined that the Assistant Secretary wrongly rejected the petitioners’ request based on irrelevant considerations, ordering an extension of the lease for the lost period.