Ritu, Author at SCC Times

Calcutta High Court allows revision application for addition of parties; remits for reconsideration pending special officer’s report

Calcutta High Court stated that court has discretion under Order 1 Rule 10(2) of the CPC to add necessary or proper parties for effective adjudication.

Case Briefs High Courts

Proposed accused has no right to hearing at the stage of inquiry under Section 340(1) of CrPC: Calcutta High Court

Calcutta High Court emphasised that the purpose of the preliminary inquiry is not to determine guilt or innocence but to decide whether an inquiry is expedient in the interest of justice.

Case Briefs High Courts

Calcutta High Court affirms convictions in night-time dacoity involving robbery, murder and rape

“Credible evidence even of a hostile witness can form the basis for conviction in a criminal trial and his/her evidence can be accepted, if he/she is a natural and independent witness.”

Case Briefs High Courts

Calcutta High Court allows Opposition Leaders to pay homage at Netai Shahid Bedi amidst Diwas celebrations

The Calcutta High Court emphasized that no party should engage in political activities or slogans and directed possible videography by police authorities from 06-01-2024 to 07-01-2024.

High Courts

Right to privacy of unwed biological mother prevails over the adoptee’s right to know his roots: Calcutta High Court

Calcutta High Court held that petitioner’s delay in initiating the root search impacts the availability of certain documents, and no penal action can be taken against the adoption agency for the absence of the surrender deed.

Case Briefs High Courts

Calcutta High Court directs State to grant ‘Pension Conversion Scheme’ benefits to retired teacher

While observing that petitioner submitted the option within the specified timeframe and returned the employer’s contribution in good faith, the Calcutta High Court found the petitioner to be a bona fide applicant.

Know thy Judge

Justice Chudalayil Thevan Ravikumar: Judicial Odyssey of a Zoology graduate to the Supreme Court of India

Justice C.T. Ravikumar’s journey from a young graduate in Zoology to a distinguished judge of the Supreme Court exemplifies his dedication, passion, and exceptional legal prowess and serves as an inspiration for aspiring legal professionals.

Know thy Judge

Know Thy Judge | Justice Biswanath Somadder, 24th Chief Justice of Sikkim High Court

Justice Biswanath Somadder’s journey, spanning decades, reflects a distinguished career that extends from practicing law in the High Court at Calcutta to assuming the prestigious role of Chief Justice in various High Courts across India.

Case Briefs High Courts

Calcutta High Court dismisses petition challenging provisional attachment of bank account under Section 83 of CGST Act, 2017

The Calcutta High Court rejected the objection regarding the maintainability of the writ petition, stating that part of the cause of action arose within the territorial jurisdiction of the court.

Case Briefs High Courts

Calcutta High Court dismisses Berger Paint’s trademark infringement plea against JSW Paints due to lack of deceptive similarity

The Calcutta High Court stated that Trademark dilution protects well-known trademarks from losing their appeal when used in connection with diverse and dissimilar products or services.

Case Briefs High Courts

Calcutta High Court upholds Kolkata Municipal Corporation’s authority to levy Stallage and related charges and penalties

The Calcutta High Court validated the demand notice based on the approved proposal in 2011 and upheld KMC’s power to levy stallage and fees.

Case Briefs High Courts

Calcutta High Court upholds forfeiture of earnest money in e-auction sale dispute

The Calcutta High Court stated that the terms of the e-auction notice explicitly stated the conditions of the sale, including the forfeiture clause in case of non-compliance by the bidder.

Case Briefs High Courts

Calcutta High Court affirms constitutional validity of Section 16(4) of W.B. GST Act, 2017; Upholds denial of Input Tax Credit

Calcutta High Court rejected the appellant’s argument, affirming that the time limit under Section 16(4) restricts the entitlement under Section 16(2).

Case Briefs High Courts

Calcutta High Court upholds rectification of initial pay fixation error under the Assured Career Progression Scheme

The ACP Scheme mandates upgradation to the next higher grade in the existing hierarchy and the petitioner, being a Constable, was entitled to the 1st ACP upgradation in the existing hierarchical pay scale.

Case Briefs High Courts

Calcutta High Court acknowledges basic right to live in safe and comfortable dwelling; Remits repair application for reconsideration

The Calcutta High Court asserted that occupants have the right to take steps for the comfort and safety of the building at their own cost.

Case Briefs High Courts

‘Court has power to grant mandatory injunctions at interlocutory stage’; Calcutta High Court directs demolition in violation of injunction order

The Calcutta High Court reiterated that the court, in exercising equitable jurisdiction, has the power to remedy wrongful acts, especially when there is a violation of a restraint order.

Case Briefs High Courts

‘Personal hearing no substitute for comprehensive written reply’; Calcutta High Court grants interim protection in partnership dispute

Calcutta High Court noted that discrepancies in service date and providing inadequate time for response to show-cause notice, indicates a breach of natural justice.

Case Briefs High Courts

Calcutta High Court upholds conviction under Section 363 of IPC, acknowledging victim’s age and established facts of abduction

Calcutta High Court concurred with the trial court’s decision to acquit the accused under Section 366 of IPC due to absence of evidence supporting sexual assault.

Case Briefs High Courts

‘Incidental or non-essential observations do not constitute res judicata’; Calcutta High Court affirms dismissal of Order 7 Rule 11 application

Calcutta High Court noted that the mere dismissal of the first suit does not automatically render the second suit barred by res judicata.

Case Briefs High Courts

Calcutta High Court overturns temporary injunction in Pre-emption case due to delay in immediate demand under Section 236 of the Mahomedan Law

Calcutta High Court acknowledged the importance of strict compliance with the requirements of Section 236 of the Mahomedan Law in pre-emption cases.