Ritu, Author at SCC Times

Abetment of Suicide| Quashing would result in miscarriage of justice as prima facie evidence supports trial: Calcutta High Court

Calcutta High Court noted that the victim was a minor on the date of the alleged suicide, which prima facie invoked Section 305 of the IPC.

Case Briefs High Courts

Madhya Pradesh High Court allows transfer of Contractual Employees for administrative reasons under special circumstances

Madhya Pradesh High Court held that Contractual Employee are not entitled to claim non-transferability due to employment agreement allowing administrative transfers.

Case Briefs High Courts

Contractual employment not enforceable when contract lacks statutory governance: Madhya Pradesh High Court

Madhya Pradesh High Court noted that the petitioner had been absent for an extended period, both before and after the court’s interim orders.

Case Briefs High Courts

Adibasi Kudmi Samaj’s indefinite protest by blocking railways and roadways “Illegal and unconstitutional”; Calcutta High Court directs State to ensure law and order

Calcutta High Court held that Adibasi Kudmi Samaj and its members do not possess a vested right to block roadways and railways, causing inconvenience to both the residents of the four West Bengal districts.

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Stamp Duty assessment dispute leaves no room for third-party intervention: Calcutta High Court

In the instant matter, the Calcutta High Court dismissed an application for addition of the applicant as a party in a writ petition challenging the assessment of stamp duty.

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Calcutta High Court deems Arbitral Award void after termination of Arbitrator’s mandate under Section 29-A(4) of Arbitration and Conciliation Act, 1996

While cautioning the parties to the Arbitration proceedings, Calcutta High Court stated that parties should be vigilant in applying for extensions within the prescribed periods and dismissed the petitions seeking an extension of the arbitrator’s mandate.

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Calcutta High Court questions reopening of issue of nullity of eviction decree by Tribunal after it being settled in execution proceeding under Section 47 of CPC

In the instant matter, the West Bengal Land Reforms and Tenancy Tribunal reopened the issue of nullity of eviction decree and held that the land in question was vested with the State.

Case Briefs High Courts

“No express provision barring transfer in Public Interest”, Calcutta High Court upholds Anganwadi teacher’s transfer on negligence and misconduct

“When public services are disrupted due to an Anganwadi worker’s attitude, the Authority can make appropriate order commensurate with the situation for the interest of the public.”

Case Briefs High Courts

Calcutta High Court directs Governor’s office to submit Affidavit-in-Opposition on West Bengal University Laws (Amendment) Bill, 2022’s status

The subject matter of the instant matter is a PIL concerning the West Bengal University Laws (Amendment) Bill, 2022 which was passed by the State legislature on 07-06-2022 and was sent to the Governor for assent, but the same is still pending.

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Reserved category candidates can compete in unreserved category for PSC’s recruitment process based on merit, even after availing age and fee relaxation: Calcutta High Court

The instant matter involved a dispute over the preparation of a merit list for government posts in West Bengal, with a focus on the treatment of candidates from reserved categories who had availed age and fee relaxations.

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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.

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‘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.

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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.

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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.

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[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.

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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.