Calcutta High Court
Even Without Further Allegation Of Bias Under Section 12(5) Of Arbitration Act, Unilaterally Appointed Arbitrator Is Ineligible: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that even a unilateral appointment of the arbitrator, without any further allegation of bias under Section 12(5) of the Arbitration and Conciliation Act, 1996, renders the Arbitrator ineligible. The bench held that in addition to the grounds specifically mentioned in Section 12(5) read with the Seventh...
Calcutta High Court Weekly Round-Up: 1st July To 7th July, 2024
NOMINAL INDEXGOPA DAS VS STATE OF WEST BENGAL AND ORS 2024 LiveLaw (Cal) 153Arabul Islam vs The State of West Bengal 2024 LiveLaw (Cal) 154M/s. Asian Hotels (East) Ltd. & Anr. Versus The Deputy Commissioner of State Tax & Ors. 2024 LiveLaw (Cal) 155M/S. B.B.M. Enterprises Vs State Of West Bengal And Ors. 2024 LiveLaw (Cal) 156M/s. Araha Hospitality Private Limited vs. Indian...
Cancer Marker Test: Calcutta High Court Holds Accuhealth Solutions Liable For Negligence & Lack Of Expertise
The Calcutta High Court bench of Justice Shampa Sarkar has held that Accuhealth Solutions Private Limited indicated carelessness, lack of expertise and negligence in conducting the cancer marker test for the patient. The bench held that the diagnostic centre did not possess the necessary capability to perform the test independently and had instead outsourced it to AI...
Calcutta High Court Half-Yearly Digest: January 2024 To June 2024 [Citations 1-152]
NOMINAL INDEXBerger Paints India Limited v JSW Paints Private Limited 2024 LiveLaw (Cal) 1Gopal Ranjan Bandopadhyay @ Gopal Ranjan Banerjee v Smt. Manidipa Banerjee (Talukdar) 2024 LiveLaw (Cal) 2Poulami Biswas v Shamik Biswas 2024 LiveLaw (Cal) 3State of West Bengal & Ors. v Achinta Roy @ Achinta Kumar Roy Ghatak Choudhury 2024 LiveLaw (Cal) 4MINATI BHADRA & ORS. v DILIP KR. BHADRA...
Calcutta High Court Directs RPF To Increase Vigilance To Deal With 'Menace' Of Male Passengers In 'Female-Only' Train Compartments
The Calcutta High Court has recently directed the Railway Police Force (RPF) to conduct more frequent inspection drives in order to combat the menace of male passengers travelling in train compartments exclusively reserved for women. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya also directed for public announcements to be made that anyone travelling in...
Cellular Mobile Service Providers Not Obliged To Deduct TDS On Income Received By Distributors: Calcutta High Court
The Calcutta High Court has held that the cellular mobile service providers are not obliged to deduct the tax at source (TDS) on income received by distributors/franchisees from customers.The bench of Justice Surya Prakash Kesarwani and Justice Rajarshi Bharadwaj has relied on the decision of Supreme Court in the case of Bharti Cellular Limited Vs. Assistant Commissioner of Income Tax...
Aadhaar Card Has Nothing To Do With Citizenship, Can Be Given To Non-Citizens: UIDAI Tells Calcutta High Court
The Unique Identification Authority of India (UIDAI) has told the Calcutta High Court that granting of Aadhaar cards has nothing to do with citizenship and that even non-residents who have lawfully entered the country can be granted Aadhaar cards if applied for.These submissions were made before a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya, who were hearing...
Calcutta High Court Division Bench Delivers Split Verdict In Death Reference Case, One Judge Orders Acquittal While Other Commutes Sentence
The Calcutta High Court has delivered a split verdict in a death reference case. A division bench of Justices Soumen Sen and Partha Sarathi Sen arrived at a split verdict whereby Justice Soumen Sen ordered for the accused's death sentence to be commuted to 30 years imprisonment, while Justice Partha Sarathi Sen ordered the acquittal of the accused.The matter will now be placed before...
Calcutta High Court Denies Bail To Chinese Man Who Allegedly Attempted To Enter India With Fake Nepali Passport, Travel Documents
The Calcutta High Court Circuit Bench at Jalpaiguri has denied bail to a Chinese national who attempted to enter India using a fake Nepali passport and travel documents, posing as a Nepali citizen. A single bench of Justice Subhenu Samanta upheld the order of the trial court and stated: Magistrate had taken cognizance of the offence on the basis of the charge sheet submitted by the police...
Calcutta High Court Declines Plea Challenging Tender Awarded By IRCTC Alleging Allottee's Non-Disclosure Of Involvement In 'Rail Neer Scam'
The Calcutta High Court has declined a plea challenging a tender allotted by the Indian Railway Catering & Tourism Corporation (IRCTC). The plea challenged the allotment process on the ground that the allottee/successful bidder had been accused in the 'Rail Neer scam', and was being investigated by the Central Bureau of Investigation (CBI) for the same. A single bench of Justice Shampa...
BNSS Mandate For Forensic Examination Puts Pressure On Existing Labs : Calcutta High Court Asks Centre To Notify NIBMG As CFSL
The Calcutta High Court has directed the central government to notify the National Institute of Bio-Medical Generics (NIBMG) as a Central Forensic Sciences Laboratory and its scientists as government scientific experts under Section 329(4) of the Bharatiya Nagrik Suraksha Sanhita (BNSS) to undertake DNA and other forensic examinations of samples for effective implementation of the new...
Post Poll Violence: Calcutta High Court Allows BJP Leader Suvendu Adhikari To Stage Protest Outside Raj Bhavan
The Calcutta High Court has allowed BJP Leader of Opposition in West Bengal, Suvendu Adhikari, to hold a protest outside the Raj Bhavan premises over the alleged post-poll violence which has taken place in West Bengal in the aftermath of the 2024 Lok Sabha elections. A single bench of Justice Amrita Sinha allowed the proposed protest meeting by the members of the Bharatiya Janata Party...