Ritu, Author at SCC Times

Lapsed acquisition notice yields compensation entitlement under 2013 Land Acquisition Act: Calcutta High Court

The Calcutta High Court held that since the acquired land had been used for public purposes, compensation under the Act, 2013 should be provided to the petitioners.

Case Briefs High Courts

Unambiguous intent required for incorporating Arbitration Clause by reference under Section 7(5) of the Arbitration and Conciliation Act, 1996: Calcutta High Court

In the instant matter, the primary issue was the incorporation of arbitration clauses from the Master Facility Agreement and Settlement Agreement and the maintainability of a composite reference.

Case Briefs High Courts

Burden of Proof remains unshifted on failure to substantiate misrepresentation contentions; Calcutta High Court dismisses partition appeal

“The appellants/plaintiffs are to prove their own case and they cannot bank upon the laches on the part of the respondent/defendants.”

Case Briefs High Courts

No eviction under Section 108 of Transfer of Property Act on unauthorized construction outside tenanted portion: Calcutta High Court

Calcutta High Court remanded the eviction case to First Appellate Court on finding that the alleged construction was outside the tenancy property.

Case Briefs High Courts

Calcutta High Court orders examination of rehabilitated horses for potential return to owners

Calcutta High Court gave directions to veterinarians attached to the Government Institution to examine rehabilitated horses and submit compliance report on next date of hearing.

Case Briefs High Courts

Calcutta High Court criticizes Authorities’ unjustifiable procrastination and inaction; orders refund of lapsed deposit with interest

Calcutta High Court observed that “…inaction and ‘shifting the blame game' by one authority to another is highly deprecated by this court.”

Case Briefs High Courts

Calcutta High Court dismisses revision seeking cancellation of bail in assault case

The Calcutta High Court criticized the trial court for solely relying on party’s submissions and not calling for injury report.

Case Briefs High Courts

Madhya Pradesh High Court grants Bail on merit and willingness to serve social cause

The applicant offered to serve the environment or national/social causes, such as planting saplings, to make amends.

Case Briefs High Courts

Calcutta High Court dismisses premature writ petition challenging appointment of WBSCTVESD’s Chief Administrative Officer

The petitioner challenged the appointment of the Chief Administrative Officer based on the absence of a notification number and approval details in the 2021 notification.

Case Briefs High Courts

Calcutta High Court directs examination of safety measures to prevent entry of ragpickers into dumping yards

The Calcutta High Court asked for a detailed report from the appropriate authorities on the steps to be taken to prevent the entry of ragpickers and ensure their safety.

Case Briefs High Courts

Calcutta High Court quashes criminal proceeding under Section 153-A of IPC in Dhulagarh Riots Coverage Case

Calcutta High Court held that a necessary element of “intent to cause disorder or incite violence” under Section 153-A of the IPC, was not established in the case dairy

Know thy Judge

Know Thy Judge | The Remarkable Odyssey of Justice Sudhanshu Dhulia – from bar to bench

Justice Sudhanshu Dhulia is a second-generation legal professional who joined the Bar at High Court of Judicature at Allahabad and went on to become Judge at Supreme Court of India. His journey from his early schooling days to the present esteemed position is a testament to the power of knowledge, dedication, and the pursuit of justice.

Case Briefs High Courts

Calcutta High Court dismisses PIL alleging misappropriation of funds by Kharagpur Panchayat Samity’s Executive Officer

Calcutta High Court observed that at this stage, the Court we cannot examine the disputed questions and directed the District Magistrate to provide an appropriate reply to the petitioner.

Case Briefs High Courts

Calcutta High Court dismisses PIL in alleged misuse of National Flag in election campaign

Calcutta High Court dismissed the PIL as after noting that the FIR is already registered on the alleged offence and the investigation was in progress.

Know thy Judge

Know Thy Judge | Justice Subhasis Talapatra, 33rd Chief Justice of High Court of Orissa

Justice Subhasis Talapatra, former judge of the High Court of Tripura, was sworn in as 33rd Chief Justice of the High Court of Orissa on 08-08-2023 upon superannuation of his predecessor Dr. Justice S. Muralidhar.

Case Briefs High Courts

Mental Cruelty is subjective and varies from person to person; Calcutta High Court acquits accused in alleged domestic cruelty case

Calcutta High Court held the trial court’s findings were not aligned with the legal requirements for cruelty under Section 498A IPC.

Case Briefs High Courts

Rape and murder of 4-year-old girl child: Madhya Pradesh High Court commutes death sentence to life sentence without remission

The Madhya Pradesh High Court observed that the test which is to be applied for death sentence are – crime test, i.e., aggravating circumstances and mitigating circumstances, criminal test and R-R test.

Case Briefs High Courts

Compliance of Section 19 of MSMED Act is a pre-requisite for seeking Stay on Arbitral Award: Calcutta High Court

The Calcutta High Court held that failure to comply with procedural requirements under Section 19 of the MSMED Act renders application for stay of Arbitral Award as not maintainable.

Case Briefs High Courts

‘Affected individuals should not lose pensionary benefits due to delay in appointment by authorities’; Calcutta High Court directs notional appointment

“The petitioner cannot be penalised for the delay caused by the respondent authorities in appointing the petitioner to the post in question.”

Case Briefs High Courts

Calcutta High Court warns disquiet litigant against misuse of Legal Process; imposes Rs. 5 Lakh cost

Calcutta High Court observed that the argument advanced by the applicants leave an impression that “a desperate attempt is made to have the order reviewed in the garb of recall”.