Ritu, Author at SCC Times

Calcutta High Court upholds public use presumption for pot dumping land; dismisses Permanent Injunction claim

“When damages have been paid for unlawful use of land then plaintiff, being a wrong doer, cannot claim equitable relief for wrongful use of such land, in respect of which he has no right, title, interest.”

Case Briefs High Courts

Calcutta High Court dismisses District Child Protection Officer’s revision application on failure to establish proceedings as frivolous or vexatious

Calcutta High Court emphasised that the power under Section 482 of the CrPC should be exercised sparingly and only to prevent abuse of process or to secure the ends of justice.

Case Briefs High Courts

Calcutta High Court finds no illegality or material irregularity in DRAT’s order; reiterates High Court’s jurisdictional limits under Article 227

Calcutta High Court reasoned that the High Court’s jurisdiction under Article 227 is not appellate in nature and cannot be exercised to correct mere errors of fact.

Case Briefs High Courts

Calcutta High Court upholds validity of SEBI’s Exit Policy and SECC Regulations; directs Calcutta Stock Exchange to comply with SECC Regulations

“The SEBI has been established under SEBI Act as a statutory and regulatory body to protect the interest of the investors in securities and to promote the development of and to regulate the securities market and for matters connected therewith or incidental thereto.”

Case Briefs High Courts

Whether RCCIIT amenable to writ jurisdiction? Calcutta High Court refers ‘issue of maintainability’ to Larger Bench

The Calcutta High Court referred the issue to a larger bench in order to ensure judicial discipline and uniformity.

Case Briefs High Courts

Calcutta High Court upholds promotion selection process; emphasises on minimum merit benchmarks beyond written test stage

Calcutta High Court held that the appellant at best can make an endeavour before the fact-finding forum because in exercise of writ jurisdiction, the High Court found no tenable and cogent ground on which the impugned judgment can be faulted.

Case Briefs High Courts

‘Nature of Employment to be judged on the basis of duties performed, not Employer’s Letter’; Calcutta High Court directs reinstatement

“Where the job continues without even any performance appraisal or periodical renewal, and the person engaged in the same would be termed as a “trainee”, as it is in the present case, the same would be considered as unfair labour practice.”

Case Briefs High Courts

‘Not practised any fraud’; Calcutta High Court sets aside RPF Constable’s Discharge Order and directs Reinstatement

“The term ‘serious crime’ connotes a crime beyond the ordinary, inviting a more serious major punishment than what may be given in the case of a minor omission.”

Case Briefs High Courts

Calcutta High Court affirms rejection of extension application for arrear rent deposit under Section 7(1)(c) of W.B. Bengal Premises Tenancy Act

Calcutta High Court held that the court’s jurisdiction is limited in extending time for depositing rent, and it cannot go beyond the provisions of the law.

Case Briefs High Courts

Assessing Officer-IV a part of the inspection team? Calcutta High Court remands matter for re-evaluation under Electricity Act, 2003

“A decision-maker is insisted on recording reason in support of his decision to ensure transparency in decision-making process. When any order is subject to appeal or amenable to judicial review, then such order must be reasoned and speaking order.”

Case Briefs High Courts

Calcutta High Court dismisses Section 340 CrPC applications due to lack of prima facie Forgery evidence

Calcutta High Court clarified that Court’s findings are confined to the allegations related to the applications under Section 340 CrPC and would not prejudice the outcome of any independent criminal cases or investigations against the petitioner.

Case Briefs High Courts

Calcutta High Court quashes Section 144 CrPC order; permits State to promulgate more focused order for specific disturbance areas in Sandeskhali

The instant matter highlights the delicate balance between security measures and citizens’ rights, emphasizing the importance of lawful and justified actions by authorities in maintaining public order.

Justice Arun Bhansali Allahabad High Court

Know thy Judge

Know Thy Judge | Justice Arun Bhansali, the 51st Chief Justice of Allahabad High Court

From having extensive experience representing corporate clients in myriad legal forums to being the Judge of Rajasthan High Court, Justice Arun Bhansali had all the legal acumen to become Chief Justice of Allahabad High Court.

Case Briefs High Courts

Calcutta High Court upholds the co-owners’ right to enhanced compensation in Land Acquisition case

Calcutta High Court: In a consolidated writ petitions challenging the Collector, Land Acquisition’s order denying enhanced compensation to the petitioners based on

Case Briefs High Courts

Calcutta High Court condones 1452 days delay in filing appeal against acquittal; criticises CBI’s approach

Calcutta High Court acknowledged that due to the nationwide lockdown imposed by the Central Government arising out of COVID pandemic situation in the Country, followed by strict minimum attendance schedule followed in all the government offices, the movement of official work got inadvertently delayed.

Case Briefs High Courts

Calcutta High Court rejects appeal on compliance of Section 64VB of Insurance Act; directs dispersal of insurance claim

“Waiver is the abandonment of a right which normally every body is at liberty to waive. It is an intentional relinquishment of known right or advantage, benefit, claim or privilege which except for such waiver the party would have enjoyed.”

Case Briefs High Courts

Unresolved factual ‘Factual disputes should be resolved during trial’; Calcutta High Court dismisses interlocutory application and Review motion

Calcutta High Court emphasised the need for caution in granting relief at the interlocutory stage, particularly when it resembles final relief.

Know thy Judge

Know Thy Judge | Justice Surya Kant: Journey from bustling town of Hisar to the Supreme Court of India

Justice Surya Kant embarked on a remarkable journey that saw him rise from humble beginnings to being the Judge of the Punjab and Haryana High Court, Chief Justice of High Court of Himachal Pradesh and ultimately the Judge of the Supreme Court of India.

Case Briefs High Courts

Calcutta High Court interprets rules regarding enhancement of pay upon acquisition of higher qualifications

Calcutta High Court noted that while acquisition of higher qualifications does not guarantee a higher scale of pay, teachers can legitimately expect incentives for further education.

Case Briefs High Courts

Calcutta High Court sets aside Issuance of Process; remands matter to Magistrate for compliance with Section 202 of CrPC

Whether the process issued against the petitioner by the Magistrate was valid considering the petitioner’s residence outside the territorial jurisdiction of the Magistrate?