Ritu, Author at SCC Times

Calcutta High Court upholds Kolkata Municipal Corporation’s authority to levy Stallage and related charges and penalties

The Calcutta High Court validated the demand notice based on the approved proposal in 2011 and upheld KMC’s power to levy stallage and fees.

Case Briefs High Courts

Calcutta High Court upholds forfeiture of earnest money in e-auction sale dispute

The Calcutta High Court stated that the terms of the e-auction notice explicitly stated the conditions of the sale, including the forfeiture clause in case of non-compliance by the bidder.

Case Briefs High Courts

Calcutta High Court affirms constitutional validity of Section 16(4) of W.B. GST Act, 2017; Upholds denial of Input Tax Credit

Calcutta High Court rejected the appellant’s argument, affirming that the time limit under Section 16(4) restricts the entitlement under Section 16(2).

Case Briefs High Courts

Calcutta High Court upholds rectification of initial pay fixation error under the Assured Career Progression Scheme

The ACP Scheme mandates upgradation to the next higher grade in the existing hierarchy and the petitioner, being a Constable, was entitled to the 1st ACP upgradation in the existing hierarchical pay scale.

Case Briefs High Courts

Calcutta High Court acknowledges basic right to live in safe and comfortable dwelling; Remits repair application for reconsideration

The Calcutta High Court asserted that occupants have the right to take steps for the comfort and safety of the building at their own cost.

Case Briefs High Courts

‘Court has power to grant mandatory injunctions at interlocutory stage’; Calcutta High Court directs demolition in violation of injunction order

The Calcutta High Court reiterated that the court, in exercising equitable jurisdiction, has the power to remedy wrongful acts, especially when there is a violation of a restraint order.

Case Briefs High Courts

‘Personal hearing no substitute for comprehensive written reply’; Calcutta High Court grants interim protection in partnership dispute

Calcutta High Court noted that discrepancies in service date and providing inadequate time for response to show-cause notice, indicates a breach of natural justice.

Case Briefs High Courts

Calcutta High Court upholds conviction under Section 363 of IPC, acknowledging victim’s age and established facts of abduction

Calcutta High Court concurred with the trial court’s decision to acquit the accused under Section 366 of IPC due to absence of evidence supporting sexual assault.

Case Briefs High Courts

‘Incidental or non-essential observations do not constitute res judicata’; Calcutta High Court affirms dismissal of Order 7 Rule 11 application

Calcutta High Court noted that the mere dismissal of the first suit does not automatically render the second suit barred by res judicata.

Case Briefs High Courts

Calcutta High Court overturns temporary injunction in Pre-emption case due to delay in immediate demand under Section 236 of the Mahomedan Law

Calcutta High Court acknowledged the importance of strict compliance with the requirements of Section 236 of the Mahomedan Law in pre-emption cases.

Case Briefs High Courts

Calcutta High Court affirms legality of disciplinary proceedings; Emphasises limited scope of Judicial Review

Calcutta High Court found no violation of natural justice and emphasised that it cannot re-appreciate evidence in the exercise of judicial review.

Case Briefs High Courts

Calcutta High Court affirms rejection of stay application under Section 10 CPC; Allows simultaneous Civil and Criminal proceedings

Calcutta High Court stated that Section 10 CPC applies to suits in civil court, not proceedings under special statutes.

Case Briefs High Courts

Calcutta High Court emphasises adherence to competent court’s order; set asides Tribunal decision on appeal’s maintainability

Calcutta High Court observed that the Tribunal overlooked the direction issued by the High Court and failed to apply Rule 21 of the Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997, which grants flexibility in securing the ends of justice.

Case Briefs High Courts

Calcutta High Court rejects time-barred claim in arbitration dispute over alleged failure to deliver signed copy of award

The Calcutta High Court opined that the onus is on the award-holder to provide irrefutable evidence of delivery, and any doubt in this regard favors the award-debtor.

Case Briefs High Courts

Madhya Pradesh High Court upholds registered Proprietor’s independent rights in Scotch Whisky GI Case; Rejects impleadment order under GI Act

The legislative intent of the Geographical Indications of Goods (Registration and Protection) Act, 1999 is to protect registered GIs, and Section 21 is enacted to safeguard the rights arising from registration.

Know thy Judge

Know Thy Judge | Justice Prasanna Bhalachandra Varale, 32nd Chief Justice of Karnataka High Court

Justice Prasanna B. Varale’s journey from the small town of Nipani to the prestigious position of Chief Justice of the High Court of Karnataka is a story of dedication, perseverance, and legal brilliance. This article delves into the life and career of this eminent jurist, shedding light on his achievements and

Case Briefs High Courts

Provisional selection of candidate and lack of formal enrolment exclude the applicability of Border Security Force Act, 1968; Calcutta High Court dismisses petition

Calcutta High Court stated that applicable regulations protecting enrolled persons do not apply in present matter, as the petitioner was provisionally recruited, not enrolled.

Case Briefs High Courts

‘Allegations deemed unadmitted without affidavits’; Calcutta High Court disposes of petition alleging Police inaction in suicide case

Emphasising the unfortunate nature of the case, Calcutta High Court urged the petitioner to cooperate with the ongoing investigation.

Case Briefs High Courts

Calcutta High Court directs BHEL to comply with Government Directive for reduction of Performance Guarantees in government contracts

“BHEL falls within the expression “other authority” and, therefore, “State” within the meaning of Article 12 of the Constitution of India. This writ petition is thus maintainable against BHEL.”

Case Briefs High Courts

Madhya Pradesh High Court directs State Government to ensure compliance of Section 43 of POCSO Act ; Grants bail to the accused

Madhya Pradesh High Court granted bail to the accused based on the examination of key witnesses and his extended period of incarceration.