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“Just as an illegal contract cannot be enforced, similarly a compromise or settlement which is not in the interest of the Society cannot be used to nullify the order passed by the competent authority in compliance of the direction passed by the Court.”
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Calcutta High Court stated that the petitioner justified the considerable delay in filing the writ petition by asserting that there is no statutory period of limitation, and neither party has suffered due to this delay.
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Calcutta High Court directed that both the suits are to be heard together after such evidence on recall is completed and granted the respondent the right to cross-examine the petitioner.
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Whether the termination, in present case, be termed an innocuous termination simpliciter or an order of punishment based on the alleged misconduct of the petitioner?
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The Calcutta High Court criticised the trial court for not properly assessing the evidence and for erroneously applying legal principles and set aside conviction on prosecution’s failure to establish guilt beyond a reasonable doubt.
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Calcutta High Court opined that an appeal is no substitute for revisiting of an ex parte order, especially when the defense of the petitioner is not on record.
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The Calcutta High Court stated that the documents presented by the petitioner which mention her as wife are mere declarations, subject to proof, if challenged.
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Calcutta High Court acknowledged the lack of evidence regarding the actual amount paid by the decree-holder to the Kolkata Municipal Corporation on behalf of the bank and directed the decree-holder to provide evidence of payments to KMC.
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In the instant matter, the NCLT rejected the application, noting the approval of the resolution by the Committee of Creditors and the absence of filing through an authorized representative.
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The Calcutta High Court opined that the trial court failed to consider the provisions of Section 65 which allow for alternate methods of service when due diligence fails.
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“Criminal defamation is not a disproportionate restriction on free speech, because protection of reputation is a fundamental right as well as a human right.”
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Calcutta High Court applied the amended Section 31(7)(b) for determining the interest rate after considering the silence of the Award on the interest issue and the subsequent execution proceedings filed after the 2016 amendment.
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Calcutta High Court stated that “Order VII, Rule 11 is applicable to the plaint which does not disclose cause of action and not the cases where the plea is non-existence of cause of action.”
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Calcutta High Court held that “in order to decide whether the suit is barred by any law, it is the statement in the plaint which will have to be construed.”
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Calcutta High Court noted that as per Section 5(1) of the Maternity Benefits Act, 1961, every woman is entitled to, and her employer shall be liable for, the payment of maternity benefits.
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Calcutta High Court directed the Joint Special Officers to conduct a fresh auction for the vessel in conformity with the order of sale and appoint a fresh valuer who will reflect a more realistic value of the vessel.
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Calcutta High Court opined that the “allegations of encroachment are essentially a title dispute which is beyond the jurisdiction of a Writ Court.”
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Calcutta High Court held that a party can resort to the writ jurisdiction only if there involves public law element and not to enforce a contract of personal service, including all matters relating to the service of the employee-confirmation, suspension, transfer, termination, etc.
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Calcutta High Court refused to cancel the impugned Notification as the vacancy in question could not be filled up for more than 20 years due to one litigation after another.
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The NCLT issued a notice and sought BharatPe’s response and fixed the next date of hearing on 04-04-2024.
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