Ritu, Author at SCC Times

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT directs RP to approach CoCs for refunds to passengers for cancelled Go Airlines tickets

NCLT seeks response from respondents to the application for refunds to passengers under Section 60(5) of IBC.

Case Briefs High Courts

Wife leaving matrimonial house with traditional marriage ornaments cannot form basis for criminal case: Calcutta High Court

Calcutta High Court quashed the criminal proceeding pending before the Judicial Magistrate and all related orders.

Case Briefs High Courts

Postal Department is liable for fraudulent act committed by its authorized SAS Agent: Calcutta High Court

The Postal Department has a sacred duty in upholding Trust as the nation’s preferred carrier and guardian of savings.

Case Briefs High Courts

Calcutta High Court dismisses PIL filed with private motive and direct interest in a Medical College’s establishment

Before entertaining a PIL, Court must diligently verify that the petition is genuinely rooted in public interest and not driven by personal vendettas or vested interests

Case Briefs High Courts

Calcutta High Court upholds BPCL’s decision to suspend supplies in LPG distributorship amidst partnership dispute

The changes made in the supplementary partnership deed without the previous approval of BPCL are violative of Clause 21 of the distributorship agreement.

Case Briefs High Courts

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.