Calcutta High Court
Ease Of Doing Business In India Is A Matter Of 'Public Policy', Fruits Of Arbitral Award Must Be Protected To Promote Business: Calcutta High Court
The High Court of Calcutta has held that ease of doing business in india with indian entities is also a matter of 'Public Policy'. These observations were made by the High Court while hearing an application under Section 9 of the A&C Act at post award stage in arbitration with seat in United States (US). The Bench of Justice Ravi Krishan Kapur held that the fruits of the award must...
Fake Caste Certificates To Obtain MBBS Degree A Crime Against Society, Officials Involved Should Be Sent To Prison: Calcutta High Court
The Calcutta High Court on Thursday remarked that fake caste certificates being obtained to enrol in MBBS degree courses were a crime against society, and that those officials who were responsible for the same should be sent to prison.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya were hearing a matter regarding fake caste certificates, and noted that the...
Calcutta High Court Sets Aside Notice Preventing Forest Dwellers From Entering Forest Lands; Restrains Further Action Till Their Rights Are Decided
The Calcutta High Court has set aside a notice by the Range Forest Officer, Krishnanagar which prevented forest dwellers from entering into forest land for the purpose of staying or cultivating.In setting aside the notice upon observing that the interests of the forest dwellers had not been accounted for, a single bench of Justice Sabyasachi Bhattacharya held that:No process of recognition...
Calcutta High Court Directs Govt To Finalise Minimum Wage Of Tea Plantation Workers Within 6 Weeks, Calls It A Statutory & Legal Right
The Calcutta High Court's circuit bench at Jalpaiguri has directed the West Bengal government to finalise the minimum wage of tea plantation workers within 6 weeks, under the Minimum Wages Act, 1948.This comes after a coordinate bench had upheld the interim hike in wages for the workers and directed the state to finalise a minimum wage within 6 months. Upon the expiry of this period,...
Calcutta High Court Restrains HUL From Using 'Glow & Handsome' Trademark In Infringement Suit By Emami
The Calcutta High Court has restrained consumer goods giant Hindustan Unilever Ltd (HUL) from using the 'Glow & Handsome' trademark to sell its men's care products following a suit by Emami Ltd. whose brand "Fair & Handsome" allegedly held the major market share.In 2020, HUL changed the name of its men's skin cream from “MEN'S FAIR & LOVELY” to “GLOW & HANDSOME.”...
Calcutta High Court Allows Ram Navami Procession In Howrah, Asks State To Requisition Central Forces If It Can't Manage Crowd
The Calcutta High Court has allowed a plea by the Anjani Putra Sena to carry out its annual Ram Navami Yatra (procession) in Howrah on 17th April (Wednesday).A single bench of Justice Jay Sengupta allowed the procession whilst adding that there should not be any sloganeering, or hate speech and capped the number of attendees to 200. The Court further clarified that the State is expected to...
Calcutta High Court Weekly Round-Up 8th April-14th April 2024
NOMINAL INDEXRam Asheesh Yadav v. Union of India & Ors. 2024 LiveLaw (Cal) 81Sankar Mandal v. Union of India 2024 LiveLaw (Cal) 82Md. Khalid v The State of West Bengal and others 2024 LiveLaw (Cal) 83SK. Jaynal Abddin Versus Commissioner Of Income Tax, Kolkata 2024 LiveLaw (Cal) 84Subhas Mondal Vs The State of West Bengal & Anr. 2024 LiveLaw (Cal) 85Centrotrade Minerals & Metals...
Poor Assistance By State Counsel Leads To Delays In Proceedings & Affects Vital Interests Of Victim, Administration Of Criminal Justice: Calcutta High Court
The Calcutta High Court has recently pulled up a State counsel upon finding that he had never appeared in criminal cases before the High Court and was unable to answer simple queries of the court regarding the Criminal Procedure Code (CrPC).A division bench of Justices Joymalya Bagchi & Gaurang Kanth was taking up a bail matter, and granted bail to the petitioner while referring...
Writ Petition On Issue Of Thika Tenancy Not Maintainable: Calcutta HC Declines Plea, Directs Party To Approach WB Land Reforms & Tenancy Tribunal
The Calcutta High Court has dismissed a writ petition filed by one Prabir Kumar Mitra (landlord) for a declaration to the effect that a petrol pump run by Indian Oil Corporation Limited on the land of the writ petitioner did not vest under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 or West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.In dismissing the plea,...
Calcutta High Court Dismisses Petition Opposing Enforcement Of Foreign Arbitral Award Based On Constructive Res-Judicata
The High Court of Calcutta has dismissed an application by Hindustan Copper Limited (HCL) under Sections 48/49 of the A&C Act seeking to refuse enforcement of the foreign award in favour of the Centrotrade Minerals. The bench of Justice Sugato Majmudar held that once the enforceability of an award is affirmed by the Supreme Court, it cannot be opposed on a new ground which could...
Child Abuse Scars Victims & Leads To Long Term Consequences; Early Recognition, Prevention Crucial In Safeguarding Children: Calcutta High Court
The Calcutta High Court has upheld the conviction of a man under Sections 376(2)(f) and 511 IPC, for the offence of attempt to rape and Section 354 of the IPC for outraging the modesty of the 10-year-old victim girl. It was the case of the prosecution that the accused groped the minor victim's breasts from behind and hugged her while she was returning alone from the toilet.A single bench...
Payments By Supervisors To Individual Labourers, Each Not Exceeding Rs. 20,000, Can't Be Disallowed: Calcutta High Court
The Calcutta High Court has held that payments by supervisors to individual labourers, each not exceeding Rs. 20,000, cannot be disallowed under Section 40A(3) of the Income Tax Act, 1961.The bench of Justice Surya Prakash Kesarwani and Justice Rajarshi Bharadwaj has observed that the supervisors acted as agents of the assessee to disburse the amount to individual labourers, which in no...