Ritu, Author at SCC Times

No one should suffer indefinitely due to inaction in police verification for passport issuance: Calcutta High Court

Calcutta High Court decided whether the delay in issuing the passport is due to a lack of verification by the police authorities or if there are genuine concerns regarding the citizenship proof submitted by the petitioner.

Case Briefs High Courts

Continuous beating of drums day and night illegal; Calcutta High Court issues directions to regulate noise pollution during festivals

“It was the duty of the West Bengal Pollution Control Board to issue public notice prior to any religious festival or any congregation or any rally or any meeting sensitising the citizens about the relevant rules, which prohibit indiscriminate noise pollution.”

Case Briefs High Courts

“Mere assumption of misuse cannot invalidate Section 10C of West Bengal School Service Commission Act, 1997”; Calcutta High Court upholds constitutionality

“Every service in the public employment unless forbidden by law is transferable.”

Case Briefs High Courts

“Solemn duty to protect innocent persons”; Madhya Pradesh High Court issues directions to prevent criminalization of civil disputes

The Court took note of the growing tendency amongst the people to convert civil disputes into criminal prosecution so that accused may succumb to the wrath of procedure involved in the criminal cases and settle the matter which otherwise is the domain of Civil Courts.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Operational Creditor cannot claim payment equal to Financial Creditor in Insolvency proceeding under IBC: NCLAT

The principle of equality is applicable only in same class of creditors, i.e., secured or unsecured, financial or operational.

Know thy Judge

Know Thy Judge | Justice Ashish Jitendra Desai: 38th Chief Justice of the High Court of Kerala

Justice Ashish J. Desai was appointed as 38th Chief Justice of Kerala High Court and took oath of office on 22-07-2023.

Case Briefs High Courts

WB Teacher Recruitment Scam| Calcutta High Court refers TMC leader Abhishek Banerjee’s plea against CBI-ED probe to the Chief Justice after ED’s objection

The ED raised preliminary objection for this Court to hear out the matter as per the Supreme Court’s order dated 28-04-2023 and the Assignment order dated 01-05-2023.

Case Briefs Tribunals/Commissions/Regulatory Bodies

In project wise insolvency, IRP/RP cannot seek unpaid Fees/Costs from members of CoCs of another project of Corporate Debtor: NCLAT

The NCLAT held that the appellant has no Locus Standi to make claim for any unpaid Fees/Costs from the members of the CoCs, as he is neither the RP in the project nor is connected with another project.

Case Briefs High Courts

Madhya Pradesh High Court quashes POCSO Case after assessing Prosecutrix’s decision-making capacity

Madhya Pradesh High Court quashed the impugned FIR and its subsequent criminal proceedings by the prosecutrix aged about 17 years 10 months.

Case Briefs High Courts

“More than one year” is sufficient time for prudent women to uncover false marriage promises: Madhya Pradesh High Court

Madhya Pradesh High Court held that held that in the present circumstances, the prosecution of the petitioner for the offences under Sections 376(2)(N), 506 and 34 of IPC will amount to abuse of process of law.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice M.M. Sundresh

Born on 21-07-1962, in the picturesque city of Erode, Justice M.M. Sundresh has achieved remarkable milestones in his legal career, culminating in his appointment as a Judge of the Supreme Court of India on 26-08-2021. His journey from a small town to the highest echelons of the Indian judiciary serves as an inspiration to many aspiring legal minds.

Case Briefs High Courts

Defaulting Buyers exempted from paying 3 times the Bank Interest Rate under Section 16 of the MSMED Act when supplier is ‘medium enterprise’: Calcutta High Court

“The irrationality of the quantum of the costs imposed will be considered at the time of determining whether the Award should be set aside under Section 34 of the 1996 Act.”

Case Briefs High Courts

[Sidhi Urination Incident] Madhya Pradesh High Court seeks reply from State in plea against the detention order against the accused

The District Collector passed a detention order under the National Security Act, 1980 against the accused, Pravesh Shukla accused of Sidhi Urination incident.

Appointments & Transfers News

SC Collegium recommends appointment of 4 Advocates as Judges for Madras, Karnataka and Bombay High Courts

Out of the 4 names, one woman advocate has been recommended by the Supreme Court Collegium for appointment as a High Court Judge.

Case Briefs High Courts

Madhya Pradesh High Court imposes Rs. 50,000/- cost on State for harassment of retired employees

Madhya Pradesh High Court criticized the Government’s approach while dealing with cases and eventually responsible for filing of number of cases in the High Court.

Case Briefs High Courts

[Teacher Recruitment Scam] Calcutta High Court directs identification of the appointed teachers in lieu of cash paid in the recruitment process

The CBI investigation report stated that “the total seizure and attachment in the case, at present, stands at Rs. 126.70 crore”.

Know thy Judge

Know Thy Newly Appointed Supreme Court Judge: Justice Ujjal Bhuyan

On 05-07-2023, the Supreme Court Collegium had recommended the appointment of Justice Ujjal Bhuyan, Chief Justice, High Court for the State of Telangana to the Supreme Court of India. Upon acceptance of the recommendation by the Law Ministry, Justice Bhuyan took oath as Supreme Court Judge on 14-07-2023.

Case Briefs High Courts

Income of a club involving contributors and participators is not taxable: Calcutta High Court

“The members of the club are seen both as contributors and participators. The club and its members are seen as one person. Usually a member has to pay to avail of the services and facilities provided by the club.”

Case Briefs High Courts

West Bengal Panchayat Election 2023: Calcutta High Court demands response from SEC on alleged violence in State after declaration of election results

“The Court is surprised to note that even after the declaration of the results, the State is not able to control the violence, which has erupted in several places.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Liquidation| Successful Bidder of sale as going concern can only pray for necessary directions in accordance with the process document: NCLAT

The NCLAT stated that prayers in general or in a very wide term or which is too elaborate as prayed in the applicant’s application may not require any consideration by the Adjudicating Authority.