Ritu, Author at SCC Times

Calcutta High Court directs Police to allow public meeting to raise issues of public importance, ensuring safety and security

The Calcutta High Court emphasised the need for a level playing field for all organizations, including political entities, in exercising the right to assemble and hold a public meeting.

Case Briefs High Courts

Calcutta High Court upholds widowed daughter’s right to family pension in Non-Government colleges

“The family pension scheme is socio-economic requirement of the Constitution of India which is a welfare State one and the object of introduction of the scheme of family pension is to assist the dependent of the deceased employee/pensioner or his/her family.”

Case Briefs High Courts

Calcutta High Court Sets aside conviction for Rape due to lack of corroborative evidence and witness discrepancies

While emphasising on the reliability of the prosecutrix’s testimony, the Calcutta High Court cautioned against its universal application and highlighted the need for evaluation based on the case’s circumstances.

Case Briefs High Courts

Calcutta High Court allows 6 months extension of Arbitral Mandate under Section 29A(4) of the Arbitration and Conciliation Act, 1996

Calcutta High Court emphasized the distinction between vigilant litigants and those contributing to unnecessary delays in the arbitration process, ultimately ruling in favor of the petitioner.

Case Briefs High Courts

Calcutta High Court upholds acquittal under Section 138 of NI Act on failure to prove existence of legally enforceable debt

Calcutta High Court delved into the legalities surrounding the presumption under Section 139 of the Negotiable Instruments Act, 1881, emphasizing that it is a “rebuttable presumption”.

Case Briefs High Courts

Calcutta High Court relaxes restrictions during ‘Rash Utsab’; Balances religious practices and public order

Calcutta High Court acknowledged the need for certain restrictions to maintain law and order during an international event.

Case Briefs High Courts

Calcutta High Court upholds Special Designated Court’s power to try scheduled as well as other offences under PMLA

Calcutta High Court rejected the arguments regarding the discretionary nature of the provision and upheld the mandatory language of Section 44(1)(c) of the Prevention of Money Laundering Act, 2002.

Case Briefs High Courts

‘Special Judge failed to appreciate requirement of proving charge beyond reasonable doubt’; Calcutta High Court quashes conviction under Essential Commodities Act, 1955

Calcutta High Court emphasized that the prosecution did not provide sufficient evidence to establish when and how the rice was weighed.

Appointments & Transfers News

President appoints Advocate Somasekhar Sundaresan as an Additional Judge of the Bombay High Court

10 Months after Supreme Court Collegium re-recommendation, Advocate Somasekhar Sundaresan is appointed as Additional Judge of the High Court of Bombay

Know thy Judge

Justice M. Fathima Beevi, First Woman Judge of the Supreme Court of India, passes away

Former Supreme Court Judge, Justice Fathima Beevi took her last breath on 23-11-2023. Beyond her legal career, Justice Beevi was a beacon of hope for women’s rights, advocating for gender equality in all aspects of life. Her legacy extends beyond the courtroom, leaving an indelible mark on the societal fabric of India.

Case Briefs High Courts

Calcutta High Court quashes conviction under Essential Commodities Act due to technical irregularities in inspection and prosecution

The Calcutta High Court stated that Mens rea, a crucial element for a criminal offense, was not established merely by the omission of the license number.

Case Briefs High Courts

Calcutta High Court upholds West Bengal Medical Council election finding no ‘gross illegality’

The Calcutta High Court affirmed the petitioner’s locus standi, i.e., right to challenge the election process based on the infringement of rights as a registered medical practitioner.

Know thy Judge

Allahabad High Court bids farewell to its 50th Chief Justice, Justice Pritinker Diwaker

Justice Pritinker Diwaker, a distinguished legal luminary, has traversed a remarkable journey in the realm of law, to his current position as the Chief Justice of the High Court of Judicature at Allahabad. His illustrious career, marked by unwavering commitment and proficiency, spans over three decades, encompassing various facets of law and earning him acclaim for his contributions to the legal fraternity.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Limitation period for appeals starts from date of Rectification Order when merged with Original Order: NCLAT

The NCLAT directed the Adjudicating Authority to hear and decide the application under Section 7 of the IBC expeditiously, treating it as not covered by Section 10A of the IBC.

Case Briefs High Courts

Blenders Pride v. London Pride | “No prima facie case”; Madhya Pradesh High Court refuses to pass temporary injunction in trademark infringement suit

“A consumer going into the market to purchase premium/ultra-premium whisky will not be confused by the word ‘Pride’ in the name of any brand. The mark has to be compared as a whole.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Refusal to re-hear matter after reservation of order in company petition does not cause miscarriage of justice: NCLAT

“Debt acknowledgment in balance sheets and OTS proposal demonstrated Corporate Debtor’s awareness of assignment, rendering technical challenges unfounded.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Financial Debt claim under Section 5(8) of IBC cannot be entertained after CoC’s approval of Resolution Plan: NCLAT

The NCLAT reiterated the importance of adhering to timelines in the Insolvency resolution process and the unacceptability of claims filed after the approval of the Resolution Plan by the CoC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

IBC| Doctrine of promissory estoppel cannot be applied against approved Resolution Plan: NCLAT

NCLAT upheld the Adjudicating Authority’s order on finding no error in rejecting the appellant’s objections to the Resolution Plan.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Corporate Debtor’s early denial of liability indicates pre-existing dispute; rejection of the Section 9 application justified: NCLAT

While affirming the impugned order, the NCLAT granted the appellant option to pursue proceedings as per the agreement between the parties before an appropriate forum in accordance with the law.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Admitted Claim versus Security Interest’; NCLAT determines how to distribute Corporate Debtor’s assets to Secured Creditors

The NCLAT reiterated that Commercial wisdom of the CoC is crucial in determining the viability and feasibility of a resolution plan.