Calcutta High Court
Supreme Court Collegium Recommends One-Year Extension For Nine Additional Judges Of Calcutta High Court
The Supreme Court Collegium has recommended an extension of tenure by one year for nine additional judges of the Calcutta High Court.The Collegium comprising CJI DY Chandrachud and Justices Sanjiv Khanna and BR Gavai has recommended the names of the following additional judges for extension of tenure:Justices (i) Biswaroop Chowdhury, (ii) Partha Sarathi Sen, (iii) Prasenjit Biswas, (iv)...
Trial Court Should Not Issue Warrant Of Arrest Mechanically, Without Application Of Mind: Calcutta High Court
The Calcutta High Court has held that a trial court cannot issue a warrant of arrest without application of mind and justifying the same under the law.A single bench of Justice Suvra Ghosh quashed the warrant of arrest against the petitioners, who were accused under inter alia Section 420 of the Indian Penal Code while observing that the trial court had issued the warrant of arrest against...
Arbitrator's Reliance On Unverified Evidence Violates Fundamental Policy Of India: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that evidence which does not qualify as pleadings supported by due verification or affidavit cannot be equated with proof of a claim. It held that the arbitrator's reliance on such evidence was contrary to the fundamental policy of Indian law. The bench further held that the arbitrator was not in a situation...
Dismissal Of First Execution Application On Default Ground Does Not Bar Fresh Petition: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held mere dismissal of the first execution application on the ground of default does not prevent the award-holder/decree-holder from filing a fresh execution petition. The High Court held that the provisions of Rules 105 and 106 of Order 21 of the Code of Civil Procedure do not preclude the...
'Rohan Builders' Not Binding Precedent, Court Empowered To Extend Arbitrator's Mandate Even If Section 29-A Petition Filed After Termination: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the court is empowered the court is empowered to extend an arbitrator's mandate even if a petition under Section 29-A of the Arbitration and Conciliation Act, 1996, is filed after the termination of the mandate. Justice Bhattacharyya clarified that the absence of negative expressions in Section 29-A,...
Calcutta High Court Weekly Round-Up 15th July To 21st July, 2024
NOMINAL INDEXAxis Bank Limited Versus Indian Cable Net Company Limited & Ors Citation: 2024 LiveLaw (Cal) 163Government of West Bengal & Anr. Versus Essex Development Investments (Mauritius) Ltd. Citation: 2024 LiveLaw (Cal) 164K2V2 Hospitality Llp Vs Limton Electro Optics Pvt. Ltd. And Ors. Citation: 2024 LiveLaw (Cal) 165Future Market Networks Ltd. Vs Laxmi Pat Surana &...
Dept. Failed To Put Assessee On Notice In Respect Of Section 69A Addition, Assessment Order Not Sustainable: Calcutta High Court
The Calcutta High Court has quashed the assessment order on the grounds that the department has failed to put the assessee on notice in respect of addition under Section 69A of the Income Tax.The bench of Justice Raja Basu Chowdhury has observed that the determination made by the respondent-department as reflected in the assessment order stands vitiated by reasons of failure on the part of...
LLP And Its Individual Partners Can't Raise Same Issue By Separate Appeals U/s 37 Of Arbitration Act: Calcutta High Court
The Calcutta High Court single bench of Justice Sabyasachi Battacharyya held that an LLP and its partners cannot file separate appeals under Section 37 of the Arbitration and Conciliation Act by citing the principle of 'separate legal entity'. It was held that the principle of res judicata would apply to prevent the individual partners from raising the same issue under Section 37,...
Single Judge Of Commercial Division Has Jurisdiction Over Original Applications In International Commercial Arbitration: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that original applications related to International Commercial Arbitration are to be entertained by the Single Judge of the Commercial Division. The High Court held that the Commercial Courts Act, 2015 defines the Commercial Division and the Commercial Appellate Division distinctly. The...
Calcutta High Court Quashes Case Against Man Accused Of Voyeurism, Stalking For Secretly Clicking Photos Of Woman From His Residence
The Calcutta High Court has quashed a case of voyeurism and stalking against a man booked under Section 354C and D of the Indian Penal Code (IPC). The man was arrested by the police upon the complaint of a woman who had accused him of secretly taking pictures of her from his residence. Justice Bibhas Ranjan De quashed the case initiated against the man upon observing that while photographing...
Calcutta High Court Allows BJP Rally Outside CESC Office Over Alleged Increase In Electricity Prices, Limits Attendance To 1,000 Protestors
The Calcutta High Court has allowed a protest by the supporters of the Bharatiya Janata Party (BJP) outside the offices of the Calcutta Electricity Supply Corporation (CESC) at Victoria House in Kolkata over the alleged increase in electricity prices. The protestors had approached the court for permission to hold the rally after the Kolkata Police declined to allow the same.A single bench...
Mamata Banerjee Approaches Calcutta High Court Challenging Order Restraining Her From Making Defamatory Statements Against Governor Ananda Bose
West Bengal Chief Minister Mamata Banerjee has approached the Calcutta High Court challenging an order restraining her from making any defamatory statements against Governor CV Ananda Bose.The impugned order was passed by a single bench of Justice Krishna Rao, who had stated that if an interim order had not been passed, then it may have caused grave and irreparable injury to the...