Ritu, Author at SCC Times

Ongoing civil suit with Status Quo renders criminal proceedings an abuse of legal process: Calcutta High Court

Calcutta High Court allowed the present revision petition and quashed the criminal proceedings against the petitioners on ground of abuse of the legal process.

Case Briefs High Courts

“Attorney-client communication is privileged”; Calcutta High Court upholds maintainability of third-party appeal in GST fraud investigation

Calcutta High Court emphasizing that attorney-client communication is privileged and held that “Section 126 of the Evidence Act is designed to abort the attempt to intrude privacy of the close preserve of the fund of information conveyed by the client closeted in confidence.”

Case Briefs High Courts

WhatsApp messages depict normal relationship between daughter-in-law and in-laws; Calcutta High Court quashes Section 498A IPC complaint

Calcutta High Court cited various cases where the Supreme Court has expressed concern over the misuse of Section 498A of the IPC in matrimonial disputes.

Case Briefs High Courts

Calcutta High Court rejects quashing of criminal proceeding; asserts inadmissibility of “Fishing and roving inquiry” at revisional stage

Calcutta High Court held that the Court has no power to determine the correctness, validity and probative value of the evidence collected by the Investigation Officer during investigation.

Case Briefs High Courts

POCSO| Testimony of child witness can be relied upon in sexual assault cases if trustworthy and unblemished: Calcutta High Court

“In cases involving child witnesses, the Court should consider the child’s age, competency, and demeanor and may uphold a conviction even in the absence of other corroborating witnesses if the victim’s testimony is deemed reliable.”

Case Briefs High Courts

Calcutta High Court temporarily postpones judgment delivery in Teacher-Recruitment scam case; directs production of printed documents

The instant matter revolves around a petition filed by Trinamool Congress MP Abhishek Banerjee for quashing the criminal case registered against him in relation to Teacher-Recruitment Scam case.

Case Briefs High Courts

Review application for Arbitrator’s appointment maintainable under Article 215 of the Constitution of India: Calcutta High Court

High Courts are superior Courts of records, and the power to review orders is not restricted by the provisions of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Calcutta High Court directs contemnors to pay Rs. 50, 000 and plant fruit-bearing trees for contempt of Court

“Plantation of trees is one such exercise which this Court would consider for countenancing contemnors’ act of contempt, because trees, for as long as they are alive, be it for decades or for centuries, would incessantly and silently provide multiple benefits to the people.”

Case Briefs High Courts

Day to day bickering between husband-wife does not amount to cruelty under Section 498A of the IPC: Calcutta High Court

Calcutta High Court held that there were latches on the part of the Trial Court in appreciation of evidence with regards to the alleged offence under Section 498A of the IPC.

Case Briefs High Courts

Payment of interest on cash loan falls considered unexplained expenditure under Section 69C of the Income Tax Act, 1961: Calcutta High Court

Calcutta High Court held that the order passed by the assessing officer under Section 148A(d) of the Income Tax Act was not a non-speaking order and did not suffer from a lack of application of mind.

Case Briefs High Courts

“Mother’s evidence is the best evidence in such cases”; Calcutta High Court upholds conviction under Section 377 of IPC in 3-year-old’s sexual assault case

Calcutta High Court held that there does not appear to be any discrepancies in the statements and evidence provided, therefore the same can be considered reliable and trustworthy, beyond all reasonable doubt.

Know thy Judge

Know Thy Judge | Justice Hima Kohli — An Advocate for Women’s Rights and Empowerment

Justice Hima Kohli was the first woman Chief Justice of the High Court for the State of Telangana and is currently serving as a Judge of the Supreme Court of India. She was the ninth woman to be elevated to the Supreme Court of India.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT dismisses appeal due to delayed defect rectification and insufficient justification for delay

“In application for condonation of delay in refiling of appeal, the applicant/appellant has to give sufficient reason for not re-filing the appeal within the time prescribed.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT upholds NCLT’s order imposing ₹ 10 Lakh compounding fees for non-compliance with Section 185 of the Companies Act, 2013

In a matter concerning advancement of ₹360 crore loan by Hewlett Packard Enterprise India in violation of Section185 which only permit granting of loan for repayment of the loan and not for any other reason, the NCLT imposed ₹ 10 Lakh compounding fees.

Case Briefs High Courts

Non-Muslim female students cannot be compelled to wear headscarves/ Hijab in school: Madhya Pradesh High Court

Madhya Pradesh High Court granted bail with a direction that the order of bail remained effective until the end of the trial, with a provision for its ineffectiveness in the case of bail jump or breach of conditions.

Case Briefs High Courts

Calcutta High Court dismisses plea for no coercive measures for non-compliance of summon issued by Enforcement Directorate

Calcutta High Court held that “no case is made out to seek the exceptional relief of ‘not to take coercive action'.”

Case Briefs High Courts

Misuse of Section 498-A IPC| Madhya Pradesh High Court quashes criminal case against in-laws, calls it “a case of reverse cruelty”

“Now a day it is very common for the husband and wife to reside or do jobs outside of India and their parents are made to suffer in India by way of criminal or matrimonial litigation.”

Case Briefs High Courts

Calcutta High Court acknowledges Durga Puja festival’s cultural and secular dimensions, allows hosting “Durga Utsab 2023” on New Town Mela Ground

Calcutta High Court held that the New Town Mela Ground, specifically designated for fairs, could not be equated with streets or playgrounds.

Case Briefs High Courts

Writ Court should not intervene to permit activities like Puja amid property title dispute: Calcutta High Court

Calcutta High Court suggested the respondent committee to approach the Civil Court through an appropriate interlocutory application for permissions related to puja.

Case Briefs High Courts

“Holistic and Common-sense interpretation of Arbitration Clause”; Calcutta High Court grants interim relief, allows access to financial records and account funds

Calcutta High Court held that all the reliefs sought by the petitioner is to protect the subject matter of the arbitration and to preserve the rights of the parties under the Share Purchase Agreement (SPA).