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“Though the Constitutional Courts have the power to order fresh, de novo or reinvestigation but such directions have to be issued sparingly depending upon the facts of the case.”
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In the instant matter, the appellant claimed to be a Financial Creditor as their name was included in the balance sheet of the Corporate Debtor.
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The Liquidator should endeavor to sell the Corporate Debtor as a going concern in the Liquidation Proceeding, and the appellant may participate by submitting its plan.
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NCLT’s order did not contain specific findings regarding whether the entire loan amount had been paid and whether nothing remained due.
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“The High Court in exercise jurisdiction under Article 226 can even mould the relief or reliefs to meet the peculiar and complicated requirements of the country.”
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NCLAT observed that the issue raised by the appellant, while attractive, no longer had relevance after the closure of the CIRP proceedings.
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Calcutta High Court held that the Trial Court erred in awarding death penalty with reference to gravity of the offence alone.
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The petitioner’s request for transfer of service for personal reasons deemed justified on humanitarian grounds under the principles of ‘Natural Justice’.
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Calcutta High Court noted that upon its intervention, the investigating agency had taken appropriate steps in the investigation, including the arrest of some accused and the issuance of warrants against the absconding ones.
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Calcutta High Court examined the Building Rules and found that the construction was within the permissible limits of FAR and height after the land was gifted to Kolkata Municipal Corporation.
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Calcutta High Court observed that the Courts should refrain from interfering in the grant of contracts or licenses unless there is clear arbitrariness or malafide conduct.
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Calcutta High Court directed respondent authorities to maintain a sharp vigilant presence at the event to ensure the preservation of peace.
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Calcutta High Court opined that there was no contract between the parties due to the lack of a meeting of minds, therefore, the Specific Relief Act, 1963 cannot be invoked.
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As per West Bengal’s reservation policy, unreserved vacancies could be filled by meritorious reserved category candidates without adjusting them against reserved category vacancies.
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Calcutta High Court stressed the importance of ensuring that the complaint is not false, vexatious, or intended to harass the accused.
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Calcutta High Court held that although the JJB conducted a preliminary assessment, it did not adequately assess the Juvenile’s mental and physical capacity to commit the offense.
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Calcutta High Court acknowledged that LIC had indeed transferred the amount and issued a certificate to employer, enabling them to file the statutory appeal.
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While allowing the revisional application, Calcutta High Court quashed the impugned proceeding on the ground of lack of substantial evidence to prima facie substantiate the offenses against the wife.
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Calcutta High Court held that since the party have been conducting Durga Purja on the said land for so many years, therefore, no question arises of asking for permission from others except BL&LRO.
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The Calcutta High Court held the power under Section 319 of the CrPC should be exercised sparingly and based on strong and cogent evidence, not mere probability of complicity.
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