Ritu, Author at SCC Times

[Teacher Recruitment Scam] Calcutta High Court directs identification of the appointed teachers in lieu of cash paid in the recruitment process

The CBI investigation report stated that “the total seizure and attachment in the case, at present, stands at Rs. 126.70 crore”.

Know thy Judge

Know Thy Newly Appointed Supreme Court Judge: Justice Ujjal Bhuyan

On 05-07-2023, the Supreme Court Collegium had recommended the appointment of Justice Ujjal Bhuyan, Chief Justice, High Court for the State of Telangana to the Supreme Court of India. Upon acceptance of the recommendation by the Law Ministry, Justice Bhuyan took oath as Supreme Court Judge on 14-07-2023.

Case Briefs High Courts

Income of a club involving contributors and participators is not taxable: Calcutta High Court

“The members of the club are seen both as contributors and participators. The club and its members are seen as one person. Usually a member has to pay to avail of the services and facilities provided by the club.”

Case Briefs High Courts

West Bengal Panchayat Election 2023: Calcutta High Court demands response from SEC on alleged violence in State after declaration of election results

“The Court is surprised to note that even after the declaration of the results, the State is not able to control the violence, which has erupted in several places.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Liquidation| Successful Bidder of sale as going concern can only pray for necessary directions in accordance with the process document: NCLAT

The NCLAT stated that prayers in general or in a very wide term or which is too elaborate as prayed in the applicant’s application may not require any consideration by the Adjudicating Authority.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Employees entitled to Provident Fund and Gratuity Fund dues even if funds not available with Liquidator: NCLAT

NCLAT held that the Provident Fund and Gratuity dues of the appellant are to be paid in full.

Case Briefs High Courts

West Bengal Panchayat Election 2023| Calcutta High Court slams SEC & State for non-cooperating with Centre on deployment of Central Forces

Calcutta High Court directed the Chief Secretary of the State of West Bengal to call for an urgent meeting to take policy level decisions with regards to the pertaining issue.

Case Briefs High Courts

Calcutta High Court resolves ‘Seat’ versus ‘Venue’ enigma when agreement confers ‘exclusive jurisdiction’ upon a court other than venue

Calcutta High Court dismissed the present petition on the grounds of lack of jurisdiction.

Case Briefs High Courts

Arbitrator’s view is ultimate, not to be interfered with by Courts, unless arbitration agreement evidently absent: Calcutta High Court

Calcutta High Court held that Court should not substitute its own view, replacing that of the arbitrator, unless it is manifestly evident that there existed no agreement.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Corporate Debtor cannot constitute Committee of Creditors with a single Operational Creditor under IBC: NCLAT

NCLAT held that CIRP be closed with respect to the Corporate Debtor since not a single ‘Claim' was received by the IRP even after the public announcement.

Know thy Judge

Justice Krishna Murari: Harbinger of litigants’ rights, bids adieu to the Supreme Court of India

Justice Krishna Murari, who has been serving as a Judge of the Supreme Court of India, retires after an extensive career of 4.5 years. Prior to his appointment to the Supreme Court, he had served as the Chief Justice of the High Court of Punjab and Haryana and the Judge of the High Court of Judicature at Allahabad.

Case Briefs High Courts

West Bengal Panchayat Election 2023: Central Forces to be deployed for 10 more days post elections due to apprehension of post-poll violence: Calcutta HC

“All that the court can hope is that the elections of the Panchayat to be held on 8th July, 2023 is peaceful and the public will be entitled to cast their vote without any fear in their mind.”

Case Briefs High Courts

Muck Dumping case: Himachal Pradesh High Court directed to initiate appropriate disciplinary action against responsible officials

“We are shocked to note from the affidavit of Engineer-in-Chief, HPPWD that five of the designated dumping sites are located in the catchment areas of the Nullah”.

Case Briefs High Courts

West Bengal Panchayat Elections 2023: Calcutta High Court upholds Single bench’s order quashing NHRC order appointing ‘Special Human Rights Observer’

The Single bench of the Calcutta High Court had earlier set aside the NHRC’s order to take a pre-emptive step and appoint a ‘Special Human Rights Observer’ to conduct an on-the-spot survey of the State of West Bengal and identify constituencies where violation is likely to occur during West Bengal Panchayat Elections.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Application under Section 9 of the IBC is not maintainable in absence of strict proof of Debt and Default: NCLAT

“The Proceedings under the IBC, 2016, are summary in character and a trial is not conducted, like that of ‘Civil’ matter, before the ‘Competent Civil Court’.”

Case Briefs High Courts

District Court must examine whether pre-deposit of 75% of award under Section 19 of the MSME Act is actually deposited: Himachal Pradesh High Court

Himachal Pradesh High Court set aside the impugned order and directed the District Court to decide the matter afresh.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Arbitration Proceedings’ and ‘IBC Proceedings’ cannot go on together; NCLAT upholds NCLT’s order rejecting Section 9 application

NCLAT held that an application preferred under Section 9 of the IBC for implementation of an Arbitral Award is not maintainable.

Case Briefs High Courts

[West Bengal Panchayat Election 2023] Calcutta High Court passes an interim order to stay CBI probe in nomination paper tampering case

Calcutta High Court in an interm order stayed the CBI probe till the final order.

Case Briefs High Courts

Temporary Appointees cannot claim regularization based on past performance or long service: Madhya Pradesh High Court

Madhya Pradesh High Court held that “in the terms and conditions of the appointment it is clearly mentioned that the employee would not be having any right to claim regularization”.

Case Briefs High Courts

POCSO| Madhya Pradesh High Court urges Centre to decrease the age of consent of the prosecutrix from 18 years to 16 years for sexual offences

Madhya Pradesh High Court set aside impugned FIR as well as all consequential proceedings arising out of it.