Ritu, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

Adequate pleadings and findings required to establish Section 65 IBC compliance; NCLAT revives Section 7 application

NCLT’s order did not contain specific findings regarding whether the entire loan amount had been paid and whether nothing remained due.

Case Briefs High Courts

Calcutta High Court directs rectification of employee’s re-designation and retiral benefit calculation on violation of Article 14 of Constitution of India

“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.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Closure of CIRP proceedings renders jurisdictional question regarding pre-CIRP dues irrelevant; NCLAT dismisses appeal

NCLAT observed that the issue raised by the appellant, while attractive, no longer had relevance after the closure of the CIRP proceedings.

Case Briefs High Courts

“Life Imprisonment for remainder of natural life a more humane substitute to address recidivism concerns”; Calcutta HC commutes Death Sentence in Rape and Murder case

Calcutta High Court held that the Trial Court erred in awarding death penalty with reference to gravity of the offence alone.

Case Briefs High Courts

College authorities must issue NOC for Transfer Requests; Suitability not their Domain: Calcutta High Court

The petitioner’s request for transfer of service for personal reasons deemed justified on humanitarian grounds under the principles of ‘Natural Justice’.

Case Briefs High Courts

West Bengal post-Panchayat Polls violence | Calcutta High Court directs investigating officer to expedite investigation

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.

Case Briefs High Courts

“No violation of Kolkata Municipal Corporation Building Rules, 2009”; Calcutta High Court refuses to quash sanctioned building plan

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.

Case Briefs High Courts

Calcutta High Court dismisses challenge to appointment of Fair Price Shop dealer on meeting of all eligibility criteria

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.

Case Briefs High Courts

Calcutta High Court grants permission to hold peaceful ‘Religious Jalsha’ subject to maintenance of certain norms

Calcutta High Court directed respondent authorities to maintain a sharp vigilant presence at the event to ensure the preservation of peace.

Case Briefs High Courts

Doctrine of Estoppel by Election inapplicable when Section 79 of the RERA Act clearly ousts civil courts’ jurisdiction: Calcutta High Court

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.

Case Briefs High Courts

Anganwari helper post| Calcutta High Court upholds merit-based appointment of candidate belonging to Scheduled Caste community against unreserved vacancy

As per West Bengal’s reservation policy, unreserved vacancies could be filled by meritorious reserved category candidates without adjusting them against reserved category vacancies.

Case Briefs High Courts

Magistrate duty bound to scrutinise complaint under Section 200 of CrPC, even if lodged by Public Servant: Calcutta High Court

Calcutta High Court stressed the importance of ensuring that the complaint is not false, vexatious, or intended to harass the accused.

Case Briefs High Courts

Calcutta High Court orders preliminary assessment of Juvenile Offender’s mental and physical capacity to commit offence

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.

Case Briefs High Courts

Pre-Deposition Certificate by Controlling Authority under Section 7(7) of Payment of Gratuity Act, 1972 enables employer to file appeal without actual deposit: Calcutta High Court

Calcutta High Court acknowledged that LIC had indeed transferred the amount and issued a certificate to employer, enabling them to file the statutory appeal.

Case Briefs High Courts

Caring for one’s parents is inherent compassion, a choice beyond compulsion; Calcutta High Court quashes criminal proceeding against wife

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.

Case Briefs High Courts

Calcutta High Court upheld BL&LRO’s permission to private party for conducting Durga Puja on disputed land

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.

Case Briefs High Courts

Courts should ensure witness testimonies are not motivated by revenge/external influence before allowing Section 319 CrPC application: Calcutta High Court

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.

Know thy Judge

Orissa High Court bids farewell to its 33rd Chief Justice Subhasis Talapatra J.

Justice Subhasis Talapatra, a prominent Indian Judge, who is serving as the 33rd Chief Justice of the Orissa High Court, reires on 03-10-2023 after an extensive judicial career of over 12 years. Prior to his appointment as Chief Justice of the Orissa High Court, Justice Talapatra had served as the Judge of the Orissa High Court and the Judge of the High Court of Tripura.

Case Briefs High Courts

How to evaluate a suit’s legality in application under Order 7 Rule 11(d) of CPC? Calcutta High Court answers

When evaluating an application under Order VII Rule 11(d), the court should determine whether the suit is barred by law based on the allegations in the plaint taken as true.

Case Briefs High Courts

Subsequent purchase of land acquired by State does not give purchaser right to challenge acquisition: Calcutta High Court

Calcutta High Court held that the issuance of a subsequent notification and the notice by the National Highway Authority did not affect the validity of the earlier acquisition.