Ritu, Author at SCC Times

Object of Arbitration Act’s Section 12(2) disclosure is to prohibit any continued Arbitrator-Party associations during proceedings: Calcutta High Court

Section 12(2) of the Arbitration and Conciliation Act, 1996 obligates the Arbitrator to remain neutral and to disclose to the parties any acts or omissions that are likely to fall foul of the mandate.

Case Briefs High Courts

Here’s why Calcutta High Court stayed TMC’s proposed Political Protest and ‘Gherao’

Calcutta High Court restrained TMC respondents from carrying out a pre-planned “gherao” of the residences of the leaders of a particular political party.

Case Briefs High Courts

Women entitled to care and support from partners who contract second marriage under personal law: Calcutta High Court

Calcutta High Court set aside the impugned order and modified the maintenance amount to Rs. 6,000 per month.

Case Briefs High Courts

Calcutta High Court dismisses Nazia Elahi Khan’s PIL seeking restriction on Hate speeches

“…if, according to the petitioner, certain sentiments have been affected on account of certain speeches by certain individuals, law provides adequate remedy for redressal of such grievances.”

Case Briefs High Courts

Calcutta High Court gives directions to Eastern Railway in Baruipur railway station water body restoration case

Calcutta High Court directed that the responsibility of cleaning and maintaining the area be entrusted to Eastern Railway, with the cooperation of officials from the concerned district.

Case Briefs High Courts

Court does not require statutory sanction before permitting an award-holder to withdraw secured amount: Calcutta High Court

“Award-holder must be given the fruits of the victory unless the Court finds that the enjoyment may be deferred subject to the award-debtor securing the award pending a shot at having the award set aside.”

Case Briefs High Courts

Ram Navami Violence| Calcutta High Court directs immediate handover of investigation reports to NIA

Calcutta High Court held that “any further delay in complying with the solemn directions would be absolutely contemptuous.”

Case Briefs High Courts

Critical omissions in Sentence Review Board’s consideration; Calcutta High Court directs to reconsider remission plea of man incarcerated for 23 years

The State Sentence Review Board failed to consider the petitioner’s behavior during incarceration, probation leave, and potential risks of recidivism and negative impact on the neighborhood while deciding remission application.

Case Briefs High Courts

No one should suffer indefinitely due to inaction in police verification for passport issuance: Calcutta High Court

Calcutta High Court decided whether the delay in issuing the passport is due to a lack of verification by the police authorities or if there are genuine concerns regarding the citizenship proof submitted by the petitioner.

Case Briefs High Courts

Continuous beating of drums day and night illegal; Calcutta High Court issues directions to regulate noise pollution during festivals

“It was the duty of the West Bengal Pollution Control Board to issue public notice prior to any religious festival or any congregation or any rally or any meeting sensitising the citizens about the relevant rules, which prohibit indiscriminate noise pollution.”

Case Briefs High Courts

“Mere assumption of misuse cannot invalidate Section 10C of West Bengal School Service Commission Act, 1997”; Calcutta High Court upholds constitutionality

“Every service in the public employment unless forbidden by law is transferable.”

Case Briefs High Courts

“Solemn duty to protect innocent persons”; Madhya Pradesh High Court issues directions to prevent criminalization of civil disputes

The Court took note of the growing tendency amongst the people to convert civil disputes into criminal prosecution so that accused may succumb to the wrath of procedure involved in the criminal cases and settle the matter which otherwise is the domain of Civil Courts.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Operational Creditor cannot claim payment equal to Financial Creditor in Insolvency proceeding under IBC: NCLAT

The principle of equality is applicable only in same class of creditors, i.e., secured or unsecured, financial or operational.

Know thy Judge

Know Thy Judge | Justice Ashish Jitendra Desai: 38th Chief Justice of the High Court of Kerala

Justice Ashish J. Desai was appointed as 38th Chief Justice of Kerala High Court and took oath of office on 22-07-2023.

Case Briefs High Courts

WB Teacher Recruitment Scam| Calcutta High Court refers TMC leader Abhishek Banerjee’s plea against CBI-ED probe to the Chief Justice after ED’s objection

The ED raised preliminary objection for this Court to hear out the matter as per the Supreme Court’s order dated 28-04-2023 and the Assignment order dated 01-05-2023.

Case Briefs Tribunals/Commissions/Regulatory Bodies

In project wise insolvency, IRP/RP cannot seek unpaid Fees/Costs from members of CoCs of another project of Corporate Debtor: NCLAT

The NCLAT held that the appellant has no Locus Standi to make claim for any unpaid Fees/Costs from the members of the CoCs, as he is neither the RP in the project nor is connected with another project.

Case Briefs High Courts

Madhya Pradesh High Court quashes POCSO Case after assessing Prosecutrix’s decision-making capacity

Madhya Pradesh High Court quashed the impugned FIR and its subsequent criminal proceedings by the prosecutrix aged about 17 years 10 months.

Case Briefs High Courts

“More than one year” is sufficient time for prudent women to uncover false marriage promises: Madhya Pradesh High Court

Madhya Pradesh High Court held that held that in the present circumstances, the prosecution of the petitioner for the offences under Sections 376(2)(N), 506 and 34 of IPC will amount to abuse of process of law.

Know thy Judge

Know Thy Judge | Supreme Court of India: Justice M.M. Sundresh

Born on 21-07-1962, in the picturesque city of Erode, Justice M.M. Sundresh has achieved remarkable milestones in his legal career, culminating in his appointment as a Judge of the Supreme Court of India on 26-08-2021. His journey from a small town to the highest echelons of the Indian judiciary serves as an inspiration to many aspiring legal minds.

Case Briefs High Courts

Defaulting Buyers exempted from paying 3 times the Bank Interest Rate under Section 16 of the MSMED Act when supplier is ‘medium enterprise’: Calcutta High Court

“The irrationality of the quantum of the costs imposed will be considered at the time of determining whether the Award should be set aside under Section 34 of the 1996 Act.”