Ritu, Author at SCC Times

Calcutta High Court dismisses challenge to appointment of Fair Price Shop dealer on meeting of all eligibility criteria

Calcutta High Court observed that the Courts should refrain from interfering in the grant of contracts or licenses unless there is clear arbitrariness or malafide conduct.

Case Briefs High Courts

Calcutta High Court grants permission to hold peaceful ‘Religious Jalsha’ subject to maintenance of certain norms

Calcutta High Court directed respondent authorities to maintain a sharp vigilant presence at the event to ensure the preservation of peace.

Case Briefs High Courts

Doctrine of Estoppel by Election inapplicable when Section 79 of the RERA Act clearly ousts civil courts’ jurisdiction: Calcutta High Court

Calcutta High Court opined that there was no contract between the parties due to the lack of a meeting of minds, therefore, the Specific Relief Act, 1963 cannot be invoked.

Case Briefs High Courts

Anganwari helper post| Calcutta High Court upholds merit-based appointment of candidate belonging to Scheduled Caste community against unreserved vacancy

As per West Bengal’s reservation policy, unreserved vacancies could be filled by meritorious reserved category candidates without adjusting them against reserved category vacancies.

Case Briefs High Courts

Magistrate duty bound to scrutinise complaint under Section 200 of CrPC, even if lodged by Public Servant: Calcutta High Court

Calcutta High Court stressed the importance of ensuring that the complaint is not false, vexatious, or intended to harass the accused.

Case Briefs High Courts

Calcutta High Court orders preliminary assessment of Juvenile Offender’s mental and physical capacity to commit offence

Calcutta High Court held that although the JJB conducted a preliminary assessment, it did not adequately assess the Juvenile’s mental and physical capacity to commit the offense.

Case Briefs High Courts

Pre-Deposition Certificate by Controlling Authority under Section 7(7) of Payment of Gratuity Act, 1972 enables employer to file appeal without actual deposit: Calcutta High Court

Calcutta High Court acknowledged that LIC had indeed transferred the amount and issued a certificate to employer, enabling them to file the statutory appeal.

Case Briefs High Courts

Caring for one’s parents is inherent compassion, a choice beyond compulsion; Calcutta High Court quashes criminal proceeding against wife

While allowing the revisional application, Calcutta High Court quashed the impugned proceeding on the ground of lack of substantial evidence to prima facie substantiate the offenses against the wife.

Case Briefs High Courts

Calcutta High Court upheld BL&LRO’s permission to private party for conducting Durga Puja on disputed land

Calcutta High Court held that since the party have been conducting Durga Purja on the said land for so many years, therefore, no question arises of asking for permission from others except BL&LRO.

Case Briefs High Courts

Courts should ensure witness testimonies are not motivated by revenge/external influence before allowing Section 319 CrPC application: Calcutta High Court

The Calcutta High Court held the power under Section 319 of the CrPC should be exercised sparingly and based on strong and cogent evidence, not mere probability of complicity.

Know thy Judge

Orissa High Court bids farewell to its 33rd Chief Justice Subhasis Talapatra J.

Justice Subhasis Talapatra, a prominent Indian Judge, who is serving as the 33rd Chief Justice of the Orissa High Court, reires on 03-10-2023 after an extensive judicial career of over 12 years. Prior to his appointment as Chief Justice of the Orissa High Court, Justice Talapatra had served as the Judge of the Orissa High Court and the Judge of the High Court of Tripura.

Case Briefs High Courts

How to evaluate a suit’s legality in application under Order 7 Rule 11(d) of CPC? Calcutta High Court answers

When evaluating an application under Order VII Rule 11(d), the court should determine whether the suit is barred by law based on the allegations in the plaint taken as true.

Case Briefs High Courts

Subsequent purchase of land acquired by State does not give purchaser right to challenge acquisition: Calcutta High Court

Calcutta High Court held that the issuance of a subsequent notification and the notice by the National Highway Authority did not affect the validity of the earlier acquisition.

Case Briefs High Courts

Expression of Interest must adhere to principles of fairness and non-discrimination; lack of transparency renders it arbitrary: Calcutta High Court

The Calcutta High Court held that an Expression of Interest can be treated as an offer if it lacks consideration and obliges one party to accept it without the opportunity to make a counteroffer.

Case Briefs High Courts

Suppression of income can be used to infer that husband has sufficient means to maintain his wife: Calcutta High Court

In the case at hand, the husband’s contradictory statements about his employment and dependency on others for income created doubt about his actual income, led to affirmation of maintenance order.

Case Briefs High Courts

Appellate Courts should choose acquittal over remand to safeguard rights of accused: Calcutta High Court

The prosecution failed to establish the misbranding of the “Red Label Natural Care Tea” beyond a reasonable doubt as the report of the public analyst, was not adequately proven.

Case Briefs High Courts

[Motor Accident Claims] Calcutta High Court enhances compensation due to extensive medical treatment and victim’s permanent disability

“The person who works in any field if his right hand suffered deformity that will definitely affect inconvenience, hardship, discomfort, frustration and mental stress in his life.”

Case Briefs High Courts

Calcutta High Court enhances compensation in motor accident claims case

The Calcutta High Court deleted the name of one of the claimants who had passed away, and condoned the delay in filing the appeal.

Case Briefs High Courts

‘Need to interpret Section 138 in a manner that preserves the law’s efficacy’: Calcutta High Court sets aside conviction

In the instant matter of cheque bounce, on the date of presentation of the cheque, the company which allegedly issued the cheque was no more existence.

Case Briefs High Courts

Agreement/Settlement cannot override statutory Gratuity payment obligations under Payment of Gratuity Act, 1972: Calcutta High Court

The Court held that the contradiction between agreement and provisions of the Payment of Gratuity Act, 1972, rendered the agreement unenforceable in terms of payment of gratuity.