Ritu, Author at SCC Times

‘An extrajudicial confession, being weak evidence, requires corroboration’; Calcutta High Court sets aside conviction under Section 302 IPC

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.

Case Briefs High Courts

Refusal to grant extension without valid reasons constitutes colorable exercise of power: Calcutta High Court

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.

Case Briefs High Courts

Calcutta High Court affirms rejection of Section 125 CrPC maintenance claim in absence of prima facie proof of marriage

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.

Case Briefs High Courts

Calcutta High Court affirms Canara Bank’s obligation to reimburse Municipal Taxes and Surcharges as per consent decree

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.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT affirms NCLT’s rejection of application for valuation queries post-resolution plan approval

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.

Case Briefs High Courts

Calcutta High Court holds Directors liable for dishonored cheque despite company’s “struck-off” status

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.

Case Briefs High Courts

Calcutta High Court quashes Defamation proceeding against altruist monk in absence of essential elements

“Criminal defamation is not a disproportionate restriction on free speech, because protection of reputation is a fundamental right as well as a human right.”

Case Briefs High Courts

Calcutta High Court determines applicable interest rate based on amended Section 31(7)(b) of Arbitration and Conciliation Act

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.

Case Briefs High Courts

Calcutta High Court upholds rejection of Order VII Rule 11 CPC application despite disclosure of Cause of Action through ‘clever drafting’

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.”

Case Briefs High Courts

Civil Court lacks jurisdiction over Waqf Property disputes: Calcutta High Court

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.”

Case Briefs High Courts

Calcutta High Court upholds RBI’s Executive Intern’s right to maternity benefits despite contractual limitations

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.

Case Briefs High Courts

Calcutta High Court directs ‘M.V. Marintrust – 01’ vessel’s owner to appoint Surveyor to assess goods’ quantity, damage and current value

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.

Case Briefs High Courts

Calcutta High Court sets aside New Town Kolkata Development Authority’s order to file fresh plan for entire ‘Rosedale Garden Complex’ Project

Calcutta High Court opined that the “allegations of encroachment are essentially a title dispute which is beyond the jurisdiction of a Writ Court.”

Case Briefs High Courts

‘Can’t approach Writ Court to enforce Contract of personal service’; Calcutta High Court dismisses Writ Petition on Termination of Employment by Private School

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.

Case Briefs High Courts

Calcutta High Court directs State to modify MR Distributorship vacancy notification to ensure uniformity and transparency

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.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Explained |Ashneer Grover seeks waiver of conditions under Companies Act to pursue case against BharatPe; NCLT issues notice

The NCLT issued a notice and sought BharatPe’s response and fixed the next date of hearing on 04-04-2024.

Case Briefs High Courts

‘Returning Officer has power to alter election schedule’; Calcutta High Court directs to reschedule West Bengal Dental Council’s Election

Calcutta High Court emphasised on the importance of conducting the elections to avoid a “headless state of affairs” in the Council and to uphold the democratic process.

Know thy Judge

Bidding Farewell to Justice P.S. Dinesh Kumar, the 33rd Chief Justice of Karnataka High Court

Retiring after a tenure of roughly 22 days as Chief Justice of Karnataka High Court, Justice P.S. Dinesh Kumar’s journey from a National Merit Scholar to Chief Justice of the Karnataka High Court is a testament to his dedication, intellect, and commitment to justice.

Case Briefs High Courts

Calcutta High Court directs addressal of petitioner’s grievance regarding Teacher-in-Charge’s misconduct and fund misappropriation

Calcutta High Court emphasised on the importance of considering representations submitted by individuals, especially in cases involving allegations against authority figures within educational institutions.

Hot Off The Press News

Calcutta High Court urges State to rename two Lions “Sita” and “Akbar” to avoid religious controversy

The controversy arose when the two lion names “Sita” and “Akbar” were transferred from Tripura Zoo to the Bengal Safari Park in Siliguri.