Ritu, Author at SCC Times

“Procedural technicalities should not override substantive provisions of law”, Calcutta High Court affirms ex-parte eviction decree

The first appellate court’s decision to set aside the ex-parte decree and remand the case was seen as unnecessary and not in line with the purpose of Order 18 Rule 4 of CPC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Default occurred when post-dated cheques bounced; NCLT directs to initiate insolvency process

NCLT held that the Corporate Debtor failed to prove a pre-existing dispute to justify the rejection of the Section 9 application.

Case Briefs High Courts

Calcutta High Court dismisses revisional application; leaves property distinction determination to Trial Court

Calcutta High Court affirmed the Executor’s authority in representing deceased’s estate and Shifted onus to the executor to establish suitability.

Case Briefs High Courts

SSRB’s refusal to grant premature release to convicts incarcerated for more than 22 years unjust and unlawful: Calcutta High Court

Calcutta High Court emphasized the importance of considering the conduct of prisoners while in jail to ascertain their potential for committing further crimes after a long period of detention.

Case Briefs High Courts

West Bengal Panchayat Elections 2023 | Calcutta High Court rejects recounting process as non-compliant with Law; upholds initial counting result

Calcutta High Court emphasized on the importance of a free, fair, and transparent election process for upholding democracy and maintaining the public’s faith in the system.

Case Briefs High Courts

Detention not unlawful or illegal; Calcutta High Court rejects request for compensation and reinvestigation following acquittal

“Though the Constitutional Courts have the power to order fresh, de novo or reinvestigation but such directions have to be issued sparingly depending upon the facts of the case.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Reflection of name in balance sheet alone does not override rejection of claim to be Financial Creditor in Liquidation Proceedings: NCLAT

In the instant matter, the appellant claimed to be a Financial Creditor as their name was included in the balance sheet of the Corporate Debtor.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Adjudicating Authority’s order for liquidation valid when Resolution Plan remains unapproved, and no alternative plan in CIRP exists: NCLAT

The Liquidator should endeavor to sell the Corporate Debtor as a going concern in the Liquidation Proceeding, and the appellant may participate by submitting its plan.

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.