Ritu, Author at SCC Times

No public interest involved in distributorship decision amidst land ownership dispute; Calcutta High Court upholds LPG distributorship grant

Calcutta High Court held that when a decision involves a commercial transaction, it is primarily governed by commercial considerations not any public interest.

Case Briefs High Courts

Arbitrator’s failure to decide on Interest Claim amounts to a “Decision”, Calcutta High Court allows challenge under Section 34 of Arbitration and Conciliation Act

Calcutta High Court held Arbitrator’s refusal to decide question of interest under the MSMED Act constitutes a “decision” and therefore, can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT orders initiation of Insolvency Process due to default in payment and bounced Post-Dated Cheques

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

‘Jurisdiction under Article 227 is vast, should be exercised sparingly’; Calcutta High Court upholds lower court’s order to condone delay

“By the Civil Procedure Code (amendment Act, 1999) the scope of Section 115 of the code has been curtailed but that does not mean that due to such curtailment, the High court’s power of superintendence under Article 227 has been expanded.”

Case Briefs High Courts

Lack of property title renders Suit for specific performance unenforceable: Calcutta High Court

Calcutta High Court determined that the compromise decree indicated that the vendors-defendants (respondent 2 and 3) do not have title to the property.

Case Briefs High Courts

“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.