Ritu, Author at SCC Times

Calcutta High Court appoints Special Officer to determine Class X student enrolment status in St. Augustine’s Day School

The concerned school, despite being cautioned, continued to indulge in different kinds of irregularities resulting in discontinuation of the affiliation of the school.

Case Briefs High Courts

‘Kerosene oil — Poor Man’s Fuel’; Calcutta High Court directs Central Government to establish policy for subsidised Kerosene oil prices for consumers

Calcutta High Court acknowledges the Central Government’s efforts to promote cleaner fuels but emphasizes the importance of ensuring that essential commodities like kerosene remain accessible to those who depend on them for their basic needs.

Case Briefs High Courts

Calcutta High Court grants stay on upcoming Panchayat Sthayee Samity election amidst pending investigation

The Sabhapati (Chairperson) of the Panchayat Sthayee Samity is in custody due to a false criminal case and 6 other members are named in an FIR and are currently evading arrest.

Case Briefs High Courts

“State has forgotten its feminist roots”; Calcutta High Court enhances compensation in Acid Attack case; calls for compliance with Supreme Court directives

Supreme Court had previously directed states to ensure a minimum compensation of Rs. 3 lakhs for acid attack victims. However, the Calcutta High Court acknowledged the need for higher compensation due to the severe physical, economic, social, and psychological ramifications.

Case Briefs High Courts

Order of acquittal shouldn’t solely hinge on complainant’s non-appearance: Calcutta High Court

Calcutta High Court restored the Complaint Case and set aside the acquittal of accused in cheque bounce case under Section 256 of the CrPC.

Case Briefs High Courts

Calcutta High Court prioritises ‘reformation and rehabilitation’ over ‘Death Penalty’ in heinous case of rape and murder of girl child

Calcutta High Court held that the proximity between the last seen circumstance and the recovery of the victim’s body established a livelink between their presence and the rape and murder.

Case Briefs High Courts

[Shifting Onus] Accused responsible to explain wife’s homicidal death in presence of overwhelming evidence against him: Calcutta High Court

Considering the evidence, including the presence of the accused in the room at the time of death and the nature of injuries, the Calcutta High Court held that the Prosecution had proved its case beyond reasonable doubt.

Case Briefs High Courts

Ongoing civil suit with Status Quo renders criminal proceedings an abuse of legal process: Calcutta High Court

Calcutta High Court allowed the present revision petition and quashed the criminal proceedings against the petitioners on ground of abuse of the legal process.

Case Briefs High Courts

“Attorney-client communication is privileged”; Calcutta High Court upholds maintainability of third-party appeal in GST fraud investigation

Calcutta High Court emphasizing that attorney-client communication is privileged and held that “Section 126 of the Evidence Act is designed to abort the attempt to intrude privacy of the close preserve of the fund of information conveyed by the client closeted in confidence.”

Case Briefs High Courts

WhatsApp messages depict normal relationship between daughter-in-law and in-laws; Calcutta High Court quashes Section 498A IPC complaint

Calcutta High Court cited various cases where the Supreme Court has expressed concern over the misuse of Section 498A of the IPC in matrimonial disputes.

Case Briefs High Courts

Calcutta High Court rejects quashing of criminal proceeding; asserts inadmissibility of “Fishing and roving inquiry” at revisional stage

Calcutta High Court held that the Court has no power to determine the correctness, validity and probative value of the evidence collected by the Investigation Officer during investigation.

Case Briefs High Courts

POCSO| Testimony of child witness can be relied upon in sexual assault cases if trustworthy and unblemished: Calcutta High Court

“In cases involving child witnesses, the Court should consider the child’s age, competency, and demeanor and may uphold a conviction even in the absence of other corroborating witnesses if the victim’s testimony is deemed reliable.”

Case Briefs High Courts

Calcutta High Court temporarily postpones judgment delivery in Teacher-Recruitment scam case; directs production of printed documents

The instant matter revolves around a petition filed by Trinamool Congress MP Abhishek Banerjee for quashing the criminal case registered against him in relation to Teacher-Recruitment Scam case.

Case Briefs High Courts

Review application for Arbitrator’s appointment maintainable under Article 215 of the Constitution of India: Calcutta High Court

High Courts are superior Courts of records, and the power to review orders is not restricted by the provisions of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Calcutta High Court directs contemnors to pay Rs. 50, 000 and plant fruit-bearing trees for contempt of Court

“Plantation of trees is one such exercise which this Court would consider for countenancing contemnors’ act of contempt, because trees, for as long as they are alive, be it for decades or for centuries, would incessantly and silently provide multiple benefits to the people.”

Case Briefs High Courts

Day to day bickering between husband-wife does not amount to cruelty under Section 498A of the IPC: Calcutta High Court

Calcutta High Court held that there were latches on the part of the Trial Court in appreciation of evidence with regards to the alleged offence under Section 498A of the IPC.

Case Briefs High Courts

Payment of interest on cash loan falls considered unexplained expenditure under Section 69C of the Income Tax Act, 1961: Calcutta High Court

Calcutta High Court held that the order passed by the assessing officer under Section 148A(d) of the Income Tax Act was not a non-speaking order and did not suffer from a lack of application of mind.

Case Briefs High Courts

“Mother’s evidence is the best evidence in such cases”; Calcutta High Court upholds conviction under Section 377 of IPC in 3-year-old’s sexual assault case

Calcutta High Court held that there does not appear to be any discrepancies in the statements and evidence provided, therefore the same can be considered reliable and trustworthy, beyond all reasonable doubt.

Know thy Judge

Know Thy Judge | Justice Hima Kohli — An Advocate for Women’s Rights and Empowerment

Justice Hima Kohli was the first woman Chief Justice of the High Court for the State of Telangana and is currently serving as a Judge of the Supreme Court of India. She was the ninth woman to be elevated to the Supreme Court of India.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT dismisses appeal due to delayed defect rectification and insufficient justification for delay

“In application for condonation of delay in refiling of appeal, the applicant/appellant has to give sufficient reason for not re-filing the appeal within the time prescribed.”