Ritu, Author at SCC Times

Calcutta High Court affirms legality of disciplinary proceedings; Emphasises limited scope of Judicial Review

Calcutta High Court found no violation of natural justice and emphasised that it cannot re-appreciate evidence in the exercise of judicial review.

Case Briefs High Courts

Calcutta High Court affirms rejection of stay application under Section 10 CPC; Allows simultaneous Civil and Criminal proceedings

Calcutta High Court stated that Section 10 CPC applies to suits in civil court, not proceedings under special statutes.

Case Briefs High Courts

Calcutta High Court emphasises adherence to competent court’s order; set asides Tribunal decision on appeal’s maintainability

Calcutta High Court observed that the Tribunal overlooked the direction issued by the High Court and failed to apply Rule 21 of the Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997, which grants flexibility in securing the ends of justice.

Case Briefs High Courts

Calcutta High Court rejects time-barred claim in arbitration dispute over alleged failure to deliver signed copy of award

The Calcutta High Court opined that the onus is on the award-holder to provide irrefutable evidence of delivery, and any doubt in this regard favors the award-debtor.

Case Briefs High Courts

Madhya Pradesh High Court upholds registered Proprietor’s independent rights in Scotch Whisky GI Case; Rejects impleadment order under GI Act

The legislative intent of the Geographical Indications of Goods (Registration and Protection) Act, 1999 is to protect registered GIs, and Section 21 is enacted to safeguard the rights arising from registration.

Know thy Judge

Know Thy Judge | Justice Prasanna Bhalachandra Varale, 32nd Chief Justice of Karnataka High Court

Justice Prasanna B. Varale’s journey from the small town of Nipani to the prestigious position of Chief Justice of the High Court of Karnataka is a story of dedication, perseverance, and legal brilliance. This article delves into the life and career of this eminent jurist, shedding light on his achievements and

Case Briefs High Courts

Provisional selection of candidate and lack of formal enrolment exclude the applicability of Border Security Force Act, 1968; Calcutta High Court dismisses petition

Calcutta High Court stated that applicable regulations protecting enrolled persons do not apply in present matter, as the petitioner was provisionally recruited, not enrolled.

Case Briefs High Courts

‘Allegations deemed unadmitted without affidavits’; Calcutta High Court disposes of petition alleging Police inaction in suicide case

Emphasising the unfortunate nature of the case, Calcutta High Court urged the petitioner to cooperate with the ongoing investigation.

Case Briefs High Courts

Calcutta High Court directs BHEL to comply with Government Directive for reduction of Performance Guarantees in government contracts

“BHEL falls within the expression “other authority” and, therefore, “State” within the meaning of Article 12 of the Constitution of India. This writ petition is thus maintainable against BHEL.”

Case Briefs High Courts

Madhya Pradesh High Court directs State Government to ensure compliance of Section 43 of POCSO Act ; Grants bail to the accused

Madhya Pradesh High Court granted bail to the accused based on the examination of key witnesses and his extended period of incarceration.

Case Briefs High Courts

Right to property| Calcutta High Court directs payment of compensation under Article 300A despite substantial delay

Calcutta High Court held that the Municipality’s possession without proper acquisition procedures is deemed illegal, and the State is directed to initiate proceedings and pay compensation.

Case Briefs High Courts

Calcutta High Court upholds termination of Municipal employees due to procedural lapses in recruitment process

Calcutta High Court detected procedural lapses, including discrepancies in the written exam, absent candidates, and hasty completion of the entire process.

Case Briefs High Courts

Termination without opportunity of being heard violates Article 311(2) mandate: Calcutta High Court

The Calcutta High Court determined that the termination, despite being framed as simpliciter, was based on respondent’s alleged misconduct.

Case Briefs High Courts

Calcutta High Court directs Maulana Abul Kalam Azad University of Technology to renew Calcutta Institute of Science and Management’s Affiliation for 2023-2024

Calcutta High Court held that since the State did not assert any violation, the University had no grounds to deny affiliation based on lease conditions

Case Briefs High Courts

Calcutta High Court sets aside medical negligence charges on finding ‘palpable wrongs in the adjudication process’

The Calcutta High Court observed that the benchmark for determining negligence in professional cases is the ‘reasonable standard’, fixed by the law of averages.

Case Briefs High Courts

‘Howrah unit qualifies as small enterprise under MSMED Act’; Calcutta High Court directs issuance of Eligibility-cum-Registration Certificate under W.B. Incentive Scheme, 2013

The definition of a “new industrial unit” does not require manufacturing new items; it applies when an existing unit sets up a branch in a different location.

Case Briefs High Courts

‘Right to property is a constitutional right under Article 300-A’; Calcutta High Court grants Compensation for land utilisation without due process

Calcutta High Court acknowledged the delay but emphasised that delay cannot deprive an individual of legitimate claims arising from expropriation.

Case Briefs High Courts

Calcutta High Court decides technical eligibility criteria and joint venture value assessment in Railway tender dispute

Calcutta High Court emphasised on the principle of judicial restraint in interpreting tender documents and rejected claims of mala fides without specific pleadings.

Case Briefs High Courts

‘Inheritance rights and authority restricted to deceased testatrix’s footsteps’; Calcutta High Court’s major relief to Lodhas in Priyamvada Birla Will Case

In the instant matter, the Calcutta High Court delivered its final judgment, clarifying the rights of Mr. H.V. Lodha in the operating companies, bringing an end to this complex and protracted legal saga.

Case Briefs High Courts

Tender alterations after bid submission arbitrary and violative of Article 14: Calcutta High Court

Respondent authorities are instructed to proceed with the tender process based on the original tender document.