Ritu, Author at SCC Times

Calcutta High Court sets aside Issuance of Process; remands matter to Magistrate for compliance with Section 202 of CrPC

Whether the process issued against the petitioner by the Magistrate was valid considering the petitioner’s residence outside the territorial jurisdiction of the Magistrate?

Case Briefs High Courts

‘Director’s liability without company’s inclusion is unlawful’; Calcutta High Court quashes criminal proceedings due to violation of Section 46B of the Bengal Excise Act, 1909

Calcutta High Court deemed the criminal proceedings an abuse of the process of law and allowed the revisional application.

Case Briefs High Courts

Unanimity on Questions of Law; differences on Questions of Facts: Division Bench refers matter to Calcutta High Court Chief Justice for resolution by third Judge

The Division bench agreed to the monthly occupation charges but disagreed on the time period for payment.

Case Briefs High Courts

‘A mere undertaking does not create charge without transfer of interest’; Calcutta High Court dismisses application seeking rejection of plaint

Calcutta High Court stated that the defendant did not produce any documents to prove he has complied with his obligation under MOU, leading to its cancellation.

Case Briefs High Courts

Calcutta High Court upholds amendment to written statement under Order VI Rule 17 CPC, emphasising necessity for effective adjudication

The Calcutta High Court noted that the amendment did not change the suit’s nature fundamentally and would not cause undue prejudice to the petitioner.

Case Briefs High Courts

Calcutta High Court modifies Special Referee’s report; determines Mesne profits and monthly rents based on Cost Inflation Index

Calcutta High Court held that based on the Lease Deed, the defendant’s possession after the original term was an extension, not a renewal, and a new lease document was not required.

Case Briefs High Courts

Calcutta High Court affirms rejection of Section 311 CrPC application due to bar on criminal revision under Section 397(2) CrPC

The Calcutta High Court observed that Section 311 of the CrPC provides wide discretionary powers to courts for summoning, examining, or recalling witnesses if their evidence is essential to a just decision.

Case Briefs High Courts

Securities Misappropriation | Calcutta High Court sets aside Magistrate’s orders on non-compliance of mandatory provision of Section 202 CrPC

“The compliance of provision under Section 202 of the CrPC, 1973, is compulsory and unavoidable for a Magistrate before issuance of summons in case of alleged offender who resides outside his territorial jurisdiction.”

Case Briefs High Courts

‘Strike balance between Compliance and Natural Justice’; Calcutta High Court provides procedural guidelines for fraud allegations under RBI Master Directions

Calcutta High Court stated that show-cause notices are analogous to a First Information Report (FIR) and are not required to detail the probative value of the Forensic Audit Report at this stage.

Case Briefs High Courts

Calcutta High Court grants compensation after lapse of proceedings and utilisation of land for Flyover Construction

Calcutta High Court noted that the previous judgments and record of rights post-vesting supports petitioners’ claim for compensation.

Case Briefs High Courts

Prosecution Witness entitled to benefit of Section 132 of Evidence Act and Section 307 CrPC; Calcutta High Court sets aside trial court’s order

Calcutta High Court emphasised the need for the trial court to adhere to legal procedures and directed to proceed with the trial from the date preceding the date of the order under revision.

Case Briefs High Courts

Calcutta High Court appoints Special Officer to safeguard Iron Ore as post-arbitral award interim measures under Section 9 of Arbitration and Conciliation Act

The Calcutta High Court noted literal interpretation of Section 9 of the Act supports the idea of provisional relief before the final enforcement of the arbitral award under Section 36.

Case Briefs High Courts

‘Duty of Welfare State to devise beneficial schemes for common people’; Calcutta High Court directs Centre to formulate policy on Kerosene Oil allocation

Calcutta High Court rejected the idea of directing a specific allocation but highlighted the duty of the government to formulate a policy.

Justice Hrishikesh Roy supreme court judge mediation

Know thy Judge

Know Thy Judge | Justice Hrishikesh Roy: Crafting a Lasting Legacy in Mediation

Justice Hrishikesh Roy, sitting Judge of Supreme Court of India and former Chief Justice of Kerala High Court is known for his notable contributions to the causes of alternative dispute settlement and legal aid.

Case Briefs High Courts

Calcutta High Court upholds accused directors’ liability under Negotiable Instruments Act, 1881; set asides warrant against company for being a juridical person

Calcutta High Court held that a juridical person cannot be physically apprehended, and such an order is not executable.

Case Briefs High Courts

Disproportionate Assets | Calcutta High Court quashes FIR citing insufficient evidence and income assessment error during ‘Check Period’

“Section 482 CrPC, 1973, iterates the inherent power of the Court, which is extraordinary in nature and assiduously to be exercised to prevent the abuse of the process of any Court or otherwise to serve the ends of justice.”

Case Briefs High Courts

‘Examination of exact testing methodology beyond purview of judicial review’; Calcutta High Court upholds tender process

Calcutta High Court affirmed tender issuing authority’s expertise in interpreting the tender document and underscored the limited scope of judicial review in such matters.

Case Briefs High Courts

Calcutta High Court directs fresh consideration of Insurance Claim due to ‘Arbitrariness and palpable illegality in repudiation process’

Calcutta High Court upheld the maintainability of the writ petition under Article 226, given the challenge is on the grounds of arbitrariness and illegality in the repudiation process.

Case Briefs High Courts

‘Excommunication from entire community violates right to live with dignity under Article 21’; Calcutta High Court orders costs of Rs. 1,50,000/-

The Calcutta High Court recognised the issue involved in the present matter transcendence beyond a mere legal dispute, as it involved the petitioner’s fundamental rights.

Case Briefs High Courts

Calcutta High Court grants conditional permission for Sit-in-Demonstration in front of Sourav Ganguly Cricket Coaching Camp

Calcutta High Court tasked the respondent authorities with ensuring the safety of participants and passerby on the demonstration dates, preventing untoward incidents or breaches of peace.