Calcutta High Court
Calcutta High Court Directs WB Police To Submit Details Of All Cases Registered Against BJP Leader Suvendu Adhikari, Restrains Coercive Action
The Calcutta High Court has called for case diaries of all police complaints registered against BJP Leader of Opposition in West Bengal, Suvendu Adhikari to be placed before the Court. This comes in an ongoing hearing into Adhikari's plea against the criminal cases registered against him, on the grounds that the same was being done due to the State's vendetta at him switching...
[Cash For Jobs Scam] Calcutta High Court Directs Govt To Submit Details Of Teachers Appointed From 2015 TET Panel
The Calcutta High Court has directed the West Bengal Board of Primary Education (WBPPE) to submit the list of names of all those who were recruited from the 2015 Teacher's Eligibility Test (TET) panel.Notably, the 2014 and 2015 TET exams have been married in controversy due to the unravelling of the now infamous cash-for-jobs recruitment scam under which high-ranking government officials...
Invocation of Arbitration Beyond Stipulated Period In Clause Does Not Frustrate Parties' Intent To Arbitrate: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the invocation of arbitration after the period defined in the arbitration clause doesn't frustrate the intention of the parties to refer disputes to arbitration. The bench held that the outer limit stipulated in the arbitration clause for invocation of arbitration if failed by the claimant, does...
Supreme Court's Interpretation Of 'Three Months' As 90 Days In Section 34(3) Of Arbitration Act As Obiter Dicta, Not Ratio Decidendi: Calcutta High Court
The Calcutta High Court bench of Justice Subhendu Samanta has held that the Supreme Court's observations regarding the interpretation of "three months" in Section 34(3) of the Arbitration and Conciliation Act, 1996 as 90 days in various cases were not the ratio decidendi but obiter dicta. The bench held that the period of limitation must be computed based on calendar months,...
Composite Reference To Arbitration Necessary When Dispute Involves Same Subject Matter: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held allowed composite reference of two companies to arbitration noting that the two arbitration agreement refer to the self-same demised property. Moreover, it noted that both the agreements were entered into by the same proposed lessee with two co-owners of the self-same property. The bench held...
BREAKING | Calcutta High Court Restrains CM Mamata Banerjee From Making Defamatory Statements Against WB Governor CV Ananda Bose
The Calcutta High Court has restrained West Bengal Chief Minister Mamata Banerjee from making any defamatory statements against Governor CV Ananda Bose in a defamation suit filed by the governor against the CM.A single bench of Justice Krishna Rao passed the interim order upon stating that the governor was a constitutional authority who could not defend himself against such remarks on...
"Nothing Defamatory In Statements": CM Mamata Banerjee Tells Calcutta High Court In Defamation Suit By WB Governor
West Bengal Chief Minister Mamata Banerjee on Monday told the Calcutta High Court that her statements referencing allegations of sexual harassment against Governor CV Ananda Bose did not contain anything defamatory.These submissions were made before a single bench of Justice Krishna Rao by Banerjee's counsel, former advocate general SN Mookheerjee in a defamation suit against the CM by...
2063 Crore Arbitral Award: Calcutta High Court Directs West Bengal Government, WBIDC To Pay Amount
The Calcutta High Court bench of Justice Krishna Rao has rejected the petition made under Section 36 of the Arbitration and Conciliation Act, 1996 by the West Bengal Government and West Bengal Industrial Development Corporation claiming fraud in making of the arbitral award. The bench noted that the arbitral tribunal arrived upon the findings after considering the materials placed before...
Axis Bank Doesn't Perform Public Functions That Would Subject It To Writ Jurisdiction: Calcutta High Court
The Calcutta High Court bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya has held that Axis Bank does not perform public functions that would subject it to writ jurisdiction. It held that adherence to RBI guidelines by a private bank does not equate to the performance of public duties. The bench held that: “the appellant bank carrying on the business...
Calcutta High Court Weekly Round-Up 08th July To 14th July, 2024
NOMINAL INDEXVodafone Idea Limited Vs Comissioner Of Income Tax Citation: 2024 LiveLaw (Cal) 159Accuhealth Solutions Private Limited Versus The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 160Kotak Mahindra Bank Limited Vs Shalibhadra Cottrade Pvt. Ltd. And Ors. Citation: 2024 LiveLaw (Cal) 161M/s Zillion Infraprojects Pvt Ltd Vs Bridge and Roof Co India Ltd Citation: 2024...
Calcutta High Court Strikes Down Arbitration Clause As Unconstitutional, Upholds Subcontractor's Right To Independent Dispute Resolution
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has struck part of the arbitration clause as being violative of Article 14 of the Constitution. The clause prevented the subcontractor from participating in arbitration proceedings despite having to bear the expenses for its claims. Further, it allowed the Indian Oil Corporation (IOCL) to unilaterally decide whether...
Calcutta High Court Admits Bengal Governor's Defamation Suit Against CM Mamata Banerjee, Says No Defamatory Remarks Shall Be Made In The Meantime
The Calcutta High Court has admitted a defamation suit filed by Bengal Governor CV Ananda Bose against Chief Minister Mamata Banerjee, for making allegedly defamatory remarks against the governor in light of recent sexual harrasment allegations against him. A single bench of Justice Krishna Rao admitted the suit for hearing while observing that no defamatory remarks shall be made in the...