Ritu, Author at SCC Times

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.

Case Briefs High Courts

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.