Ritu, Author at SCC Times

Madhya Pradesh High Court upholds bank’s right to recover excess payment in pension recovery dispute

Madhya Pradesh High Court noted that the petitioner did not dispute her liability to refund the commuted portion in instalments, as per her undertaking.

Case Briefs High Courts

Madhya Pradesh High Court grants Maternity Leave to Contractual Employee in miscarriage case; says Contract doesn’t restrict the same

The instant matter was remitted to the respondents for a fresh decision on the petitioner’s maternity leave, with a directive to comply within a specified timeframe.

Case Briefs High Courts

Calcutta High Court affirms right to seek de-requisition; directs Collector to issue formal order of de-requisition

The Calcutta High Court establishes the legal consequences of a court order setting aside requisition and its impact on subsequent attempts to acquire or lease the land.

Case Briefs High Courts

Calcutta High Court affirms Director’s liability under Section 32 of Industrial Disputes Act, 1947; directs compliance of compensation order

The Industrial Disputes Act, 1947 “is a beneficial legislation, for the benefit of the workmen and not paying the compensation since 2007 is clearly an abuse of the process of law.”

Case Briefs High Courts

Calcutta High Court upholds conviction under Section 304 IPC with modified sentencing in light of post-remission release

Calcutta High Court found no loopholes in the trial court’s analysis of the evidence, concluding that the appellant’s guilt under Section 304 IPC was proved beyond a reasonable doubt.

Case Briefs High Courts

Calcutta High Court quashes Disciplinary proceeding against Visva-Bharati University’s Professor over alleged failure to address student agitation

Calcutta High Court observed that there exists lack of correlation between evidence and charges, failure to address the petitioner’s defense, and overlooking crucial factors.

Case Briefs High Courts

Calcutta High Court directs Police to allow public meeting to raise issues of public importance, ensuring safety and security

The Calcutta High Court emphasised the need for a level playing field for all organizations, including political entities, in exercising the right to assemble and hold a public meeting.

Case Briefs High Courts

Calcutta High Court upholds widowed daughter’s right to family pension in Non-Government colleges

“The family pension scheme is socio-economic requirement of the Constitution of India which is a welfare State one and the object of introduction of the scheme of family pension is to assist the dependent of the deceased employee/pensioner or his/her family.”

Case Briefs High Courts

Calcutta High Court Sets aside conviction for Rape due to lack of corroborative evidence and witness discrepancies

While emphasising on the reliability of the prosecutrix’s testimony, the Calcutta High Court cautioned against its universal application and highlighted the need for evaluation based on the case’s circumstances.

Case Briefs High Courts

Calcutta High Court allows 6 months extension of Arbitral Mandate under Section 29A(4) of the Arbitration and Conciliation Act, 1996

Calcutta High Court emphasized the distinction between vigilant litigants and those contributing to unnecessary delays in the arbitration process, ultimately ruling in favor of the petitioner.

Case Briefs High Courts

Calcutta High Court upholds acquittal under Section 138 of NI Act on failure to prove existence of legally enforceable debt

Calcutta High Court delved into the legalities surrounding the presumption under Section 139 of the Negotiable Instruments Act, 1881, emphasizing that it is a “rebuttable presumption”.

Case Briefs High Courts

Calcutta High Court relaxes restrictions during ‘Rash Utsab’; Balances religious practices and public order

Calcutta High Court acknowledged the need for certain restrictions to maintain law and order during an international event.

Case Briefs High Courts

Calcutta High Court upholds Special Designated Court’s power to try scheduled as well as other offences under PMLA

Calcutta High Court rejected the arguments regarding the discretionary nature of the provision and upheld the mandatory language of Section 44(1)(c) of the Prevention of Money Laundering Act, 2002.

Case Briefs High Courts

‘Special Judge failed to appreciate requirement of proving charge beyond reasonable doubt’; Calcutta High Court quashes conviction under Essential Commodities Act, 1955

Calcutta High Court emphasized that the prosecution did not provide sufficient evidence to establish when and how the rice was weighed.

Appointments & Transfers News

President appoints Advocate Somasekhar Sundaresan as an Additional Judge of the Bombay High Court

10 Months after Supreme Court Collegium re-recommendation, Advocate Somasekhar Sundaresan is appointed as Additional Judge of the High Court of Bombay

Know thy Judge

Justice M. Fathima Beevi, First Woman Judge of the Supreme Court of India, passes away

Former Supreme Court Judge, Justice Fathima Beevi took her last breath on 23-11-2023. Beyond her legal career, Justice Beevi was a beacon of hope for women’s rights, advocating for gender equality in all aspects of life. Her legacy extends beyond the courtroom, leaving an indelible mark on the societal fabric of India.

Case Briefs High Courts

Calcutta High Court quashes conviction under Essential Commodities Act due to technical irregularities in inspection and prosecution

The Calcutta High Court stated that Mens rea, a crucial element for a criminal offense, was not established merely by the omission of the license number.

Case Briefs High Courts

Calcutta High Court upholds West Bengal Medical Council election finding no ‘gross illegality’

The Calcutta High Court affirmed the petitioner’s locus standi, i.e., right to challenge the election process based on the infringement of rights as a registered medical practitioner.

Know thy Judge

Allahabad High Court bids farewell to its 50th Chief Justice, Justice Pritinker Diwaker

Justice Pritinker Diwaker, a distinguished legal luminary, has traversed a remarkable journey in the realm of law, to his current position as the Chief Justice of the High Court of Judicature at Allahabad. His illustrious career, marked by unwavering commitment and proficiency, spans over three decades, encompassing various facets of law and earning him acclaim for his contributions to the legal fraternity.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Limitation period for appeals starts from date of Rectification Order when merged with Original Order: NCLAT

The NCLAT directed the Adjudicating Authority to hear and decide the application under Section 7 of the IBC expeditiously, treating it as not covered by Section 10A of the IBC.