Ritu, Author at SCC Times

‘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.

Case Briefs High Courts

Outraging the Modesty of a Woman| Ultimate test is if the act is capable of shocking the sense of decency of a woman: Calcutta High Court

Calcutta High Court held that there is no substantial evidence against the petitioner, and hence, allowing the case to proceed would be an abuse of the legal process.

Case Briefs High Courts

Calcutta High Court quashes WBSEDCL’s Office Order on worksite safety and blacklisting; Prohibits WBSEDCL from penalising Contractors until Report Submission

Calcutta High Court observed that the Contractors have a duty to ensure their labor force complies with safety norms, and WBSEDCL is responsible for overall supervision.

Case Briefs High Courts

High Tension line installation not a property “acquisition” to attract rigours of Article 30(1A) of Constitution of India: Calcutta High Court

Calcutta High Court emphasized on the need to strike a balance between Article 30 of the Constitution of India and public interest.

Case Briefs High Courts

Calcutta High Court upholds West Bengal Housing Board’s autonomy; invalidates State’s regulation of service conditions of Board’s employees

The Calcutta High Court set aside the orders dated 17.10.2017 and the communication dated 28.11.2017 as the same is without jurisdiction, along with consequential steps taken by the West Bengal Housing Board.

Case Briefs High Courts

Calcutta High Court expunges aspersions casted against CID without apparent basis in a financial scam case; upholds transfer of investigation

Calcutta High Court held that the writ petition was not a PIL but had personal elements involving the respondents, who were directly affected by the alleged financial scam.

Case Briefs High Courts

Calcutta High Court grants stay on constitution of “High-Level Enquiry Committee” pending appeal in Arbitration case

Calcutta High Court allowed Section 34 application of the railways and directed that the Court hearing Section 34 application should not be guided by any remarks made by the Judge in the impugned order.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice Vikram Nath

Justice Vikram Nath, a fourth generation legal luminary and sitting Judge of the Supreme Court of India, is likely to become Chief Justice of India for seven months in 2027.

Case Briefs High Courts

Calcutta High Court allows rally by 600 job aspirants on agreed-upon route; directs authorities to ensure security of protestors

Calcutta High Court noted that both the petitioner, 600 job aspirants who were denied Group-D appointment despite having meeting required qualifications, and respondent authorities had agreed upon a specific route for the proposed rally/procession on 27.09.2023.

Case Briefs High Courts

Abetment of Suicide| Quashing would result in miscarriage of justice as prima facie evidence supports trial: Calcutta High Court

Calcutta High Court noted that the victim was a minor on the date of the alleged suicide, which prima facie invoked Section 305 of the IPC.

Case Briefs High Courts

Madhya Pradesh High Court allows transfer of Contractual Employees for administrative reasons under special circumstances

Madhya Pradesh High Court held that Contractual Employee are not entitled to claim non-transferability due to employment agreement allowing administrative transfers.

Case Briefs High Courts

Contractual employment not enforceable when contract lacks statutory governance: Madhya Pradesh High Court

Madhya Pradesh High Court noted that the petitioner had been absent for an extended period, both before and after the court’s interim orders.

Case Briefs High Courts

Adibasi Kudmi Samaj’s indefinite protest by blocking railways and roadways “Illegal and unconstitutional”; Calcutta High Court directs State to ensure law and order

Calcutta High Court held that Adibasi Kudmi Samaj and its members do not possess a vested right to block roadways and railways, causing inconvenience to both the residents of the four West Bengal districts.

Case Briefs High Courts

Stamp Duty assessment dispute leaves no room for third-party intervention: Calcutta High Court

In the instant matter, the Calcutta High Court dismissed an application for addition of the applicant as a party in a writ petition challenging the assessment of stamp duty.

Case Briefs High Courts

Calcutta High Court deems Arbitral Award void after termination of Arbitrator’s mandate under Section 29-A(4) of Arbitration and Conciliation Act, 1996

While cautioning the parties to the Arbitration proceedings, Calcutta High Court stated that parties should be vigilant in applying for extensions within the prescribed periods and dismissed the petitions seeking an extension of the arbitrator’s mandate.

Case Briefs High Courts

Calcutta High Court questions reopening of issue of nullity of eviction decree by Tribunal after it being settled in execution proceeding under Section 47 of CPC

In the instant matter, the West Bengal Land Reforms and Tenancy Tribunal reopened the issue of nullity of eviction decree and held that the land in question was vested with the State.

Case Briefs High Courts

“No express provision barring transfer in Public Interest”, Calcutta High Court upholds Anganwadi teacher’s transfer on negligence and misconduct

“When public services are disrupted due to an Anganwadi worker’s attitude, the Authority can make appropriate order commensurate with the situation for the interest of the public.”

Case Briefs High Courts

Calcutta High Court directs Governor’s office to submit Affidavit-in-Opposition on West Bengal University Laws (Amendment) Bill, 2022’s status

The subject matter of the instant matter is a PIL concerning the West Bengal University Laws (Amendment) Bill, 2022 which was passed by the State legislature on 07-06-2022 and was sent to the Governor for assent, but the same is still pending.

Case Briefs High Courts

Reserved category candidates can compete in unreserved category for PSC’s recruitment process based on merit, even after availing age and fee relaxation: Calcutta High Court

The instant matter involved a dispute over the preparation of a merit list for government posts in West Bengal, with a focus on the treatment of candidates from reserved categories who had availed age and fee relaxations.