Ritu, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT affirms dismissal of minority homebuyers’ challenge to Resolution Plan; says it does not fall foul of law on reduction in claim

The democratic principles of the determinative role of majority opinion are enshrined in the IBC, and objections by a minority within a class, when the majority has approved a resolution plan, have no legal standing.

Case Briefs High Courts

‘Permissive possession does not create possessory rights’; Calcutta High Court upholds KMDA’s right to cancel the land allotment

Calcutta High Court held that the physical possession of the land was not given to the petitioners, and no lease deed was executed in their favor, leading to the conclusion that they were in permissive possession.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Irrevocable and unconditional bank guarantees can be invoked during moratorium period: NCLAT

“The ‘Bank Guarantee’ is a ‘contract of Guarantee’ provided/furnished by the Bank, the “surety”, to perform the ‘promise’, or ‘discharge’ the liability, of the third person, being the Corporate Debtor herein, in case of his ‘default’.”

Know thy Judge

Meghalaya High Court bids farewell to its 11th Chief Justice, Justice Sanjib Banerjee

Justice Sanjib Banerjee’s journey from his early education to becoming a distinguished jurist with a legal career spanning over 3 decades and extensive tenure of 17 years as a Judge is a testament to his unwavering commitment uphold the principles of justice.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT can’t impose fine on suspended directors for non-cooperation under Sections 19(2) or 34(3) of IBC: NCLAT

The Adjudicating Authority erred in passing the impugned order, directing the imposition fine, overlooking the law of the land through the Insolvency and Bankruptcy Code, 2016.

Case Briefs High Courts

‘Reputation is a crucial factor in society’; Calcutta High Court grants ad interim injunction restraining posting of defamatory content

Right to freedom of speech and expression does not confer right in absolute form to tarnish someone’s image and reputation which he/she owns in the society.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Timelines are of great significance in IBC’; NCLAT dismisses condonation of delay application

Limitation shall commence from the date when order is passed and shall not depend on the date when Appellant came to know of the order.

Case Briefs High Courts

Calcutta High Court directs Competent Authority to enquire alleged irregularities in Diamond City West Apartment Owners’ Association

The Competent Authority’s power to act on complaints is not limited to complaints made by the Association or a majority of its members, it also extends to cases where the Association or its top management might be involved in the alleged wrongdoings

Case Briefs High Courts

Calcutta High Court quashes unauthorised construction charge under Section 401A of KMC Act, 1980

If the complaint’s allegations and the evidence collected do not disclose the commission of any offense, and if they fail to make a case against the accused, the Court can quash the alleged complaint to secure the ends of justice.

Case Briefs High Courts

Eviction Decree based on reasonable requirement valid even without considering ground of building/rebuilding: Calcutta High Court

“A respondent without filing cross objection can canvass the correctness of finding against him in order to support the judgment that has been passed against the appellant.”

Case Briefs High Courts

Primary School Teachers Appointment | ‘Empanelment based on merit prevails over panel expiry plea’; Calcutta High Court directs to revisit recruitment process

When substantial justice and technical considerations conflict, substantial justice should be preferred, and the right to be considered for appointment should not be defeated based on panel expiration.

Know thy Judge

A Legal Luminary Extraordinaire, Justice Shripathi Ravindra Bhat bids farewell to the Supreme Court

Justice S. Ravindra Bhat, who has been serving as a Judge of the Supreme Court of India for 4 years is set to retire today, on 20-10-2023. His life has been marked by a relentless pursuit of knowledge, dedication and an unswerving commitment to uphold principles of justice.

Case Briefs High Courts

Calcutta High Court quashes conviction under POCSO Act; Calls for Legal Reform and safeguarding rights of adolescents in consensual relationships

Calcutta High Court noted the rising trend of consensual sexual relationships among adolescents and recognized the need to address such cases within the legal framework.

Case Briefs High Courts

Eviction suit cannot be stayed amid pending declaratory suit when scope of inquiry in two suits is different: Calcutta High Court

The Calcutta High Court held that the decision in the declaratory suit would not necessarily non-suit the plaintiff in the eviction suit as the matters in issue in the two suits are not directly and substantially same.

Case Briefs High Courts

Writ Court cannot resolve Private/Contractual Disputes or Questions of Ownership in Land Dispute Cases: Calcutta High Court

Calcutta High Court opined that such disputes should be resolved by the Civil Court.

Case Briefs High Courts

Court has wide discretion to interpret ‘What is cruelty’, literally and contextually: Calcutta High Court upholds divorce on ground of ‘Cruelty’

With regards to custody of the child, the Calcutta High Court after considering the paramount welfare of the child, held the husband is not fit person for custody.

Case Briefs High Courts

W.B. Panchayat Election 2023 | Calcutta High Court issues ‘Rule NISI’ under Rule 19 of Calcutta High Court Contempt of Court Rules, 1975

Calcutta High Court issue the ‘Rule NISI’ for non-compliance with Court orders to deploy central forces for election security during West Bengal Panchayat Election 2023.

Case Briefs High Courts

No public interest involved in distributorship decision amidst land ownership dispute; Calcutta High Court upholds LPG distributorship grant

Calcutta High Court held that when a decision involves a commercial transaction, it is primarily governed by commercial considerations not any public interest.

Case Briefs High Courts

Arbitrator’s failure to decide on Interest Claim amounts to a “Decision”, Calcutta High Court allows challenge under Section 34 of Arbitration and Conciliation Act

Calcutta High Court held Arbitrator’s refusal to decide question of interest under the MSMED Act constitutes a “decision” and therefore, can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT orders initiation of Insolvency Process due to default in payment and bounced Post-Dated Cheques

NCLT held that the Corporate Debtor failed to prove a pre-existing dispute to justify the rejection of the Section 9 application.