Calcutta High Court
Certified Copy Of Original Arbitration Agreement Attested By 'Notary Public' Is Sufficient Under S. 8(2) Of Arbitration Act: Calcutta High Court
The Calcutta High Court single bench of Justice Prasenjit Biswas held that a certified copy of the original agreement 'attested by a Notary Public' is sufficient to meet the requirement of Section 8(2) of the Arbitration Act. Once filed, the courts must refer the parties to arbitration. Section 8(2) of the Arbitration Act provides, “The application referred to in sub-section...
Calcutta High Court Quarterly Digest: January 2024-March 2024 [Citations 1-78]
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 Monthly Digest: March 2024 [Citations 60-78]
NOMINAL INDEXJanak Ram v State 2024 LiveLaw (Cal) 60SRMB Srijan Limited v Great Eastern Energy Corporation Limited 2024 LiveLaw (Cal) 61 ENFORCEMENT DIRECTORATE, KOLKATA ZONAL OFFICE I v STATE OF WEST BENGAL AND ORS 2024 LiveLaw (Cal) 62 Arpita Chowdhury v. Nabadwip Municipality & Anr 2024 LiveLaw (Cal) 63 Monoyara Begum v Union of India 2024 LiveLaw (Cal) 64Proactive Ship...
Calcutta High Court Weekly Round-Up 25th March-31st March 2024
NOMINAL INDEXOdisha Power Generation Corporation Limited Vs. M/s. Techniche Consulting Service and Others 2024 LiveLaw (Cal) 74Dipanwita Das (Sarkar) Vs. Moloy Das 2024 LiveLaw (Cal) 75Dr Pranat Tudu v State of West Bengal 2024 LiveLaw (Cal) 76Reshmi Bhagat Vs. State of West Bengal and others 2024 LiveLaw (Cal) 77Tree House Education And Accessories Ltd. Versus Holy Trust School 2024...
Arbitration Act | When Parties Engage In Constant Communication, Unjust To Dismiss Claim Solely On Grounds Of Being Time-Barred: Calcutta High Court
The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that it would be an unnatural construction of Section 11 of the Arbitration and Conciliation Act, 1996 where a party with a bona fide and a genuine claim is left in the lurch on the defence of the claim being barred by limitation. It held that when parties engage in constant communication for the settlement of...
Objective Of Public Examinations Can't Be Construed To Be So Restrictive As To Be Cruel To Candidates: Calcutta High Court
The Calcutta High Court has recently held that the object of a public examination cannot be construed in such a restrictive manner which would make it cruel to the candidates. A single bench of Justice Sabyasachi Bhattacharya held:The object of a public examination cannot by any means be construed to be so restrictive as to be cruel on the candidates, particularly for brilliant people like...
Calcutta High Court Directs Personal Appearance Of Traffic Police Sergeant For Forcibly, Illegally Seizing Lawyer's Driving License
The Calcutta High Court has directed the personal appearance of a Kolkata Traffic Police Sergeant who was accused of illegally and forcibly seizing a lawyer's driving license on Vidyasagar Setu, in Kolkata.A single bench of Justice Amrita Sinha was also told that the sergeant in question had caused a similar incident with another lawyer, and on that occasion had taken a bribe of Rs 500...
Deemed Public Interest In Seeking To Contest Elections To Represent Public: Calcutta HC Allows Govt Doctor's Resignation To Contest Lok Sabha Polls
The Calcutta High Court has recently allowed the resignation of a government doctor, who sought to resign from his position to contest as a candidate in the upcoming Lok Sabha parliamentary elections. In taking note of the statutory regulations around the petitioner's case, a single bench of Justice Rajasekhar Mantha held:On the issue of public interest being the primary consideration...
Calcutta High Court Weekly Round-Up 18th March-24th March 2024
NOMINAL INDEXEverest Infra Energy Limited. Vs. Transmission (India) Engineers & Anr 2024 LiveLaw (Cal) 69M/s. Mainak Engineering Private Limited vs Bihar Rural Livelihoods Promotion Society 2024 LiveLaw (Cal) 70Praxair India Pvt. Ltd. vs Steel Authority of India Ltd. 2024 LiveLaw (Cal) 71SRMB Srijan Limited vs Great Eastern Energy Corporation Limited 2024 LiveLaw (Cal) 72The Secretary,...
Collective Duty Of Husband & Wife To Wither Trivial Issues, Respect Each Other's Decisions & Create Congenial Atmosphere: Calcutta High Court
The Calcutta High Court has allowed an appeal, dismissing an application for dissolution of marriage while holding that in matrimonial life it is the collective duty of a couple to create a congenial atmosphere.A division bench of Justices Harish Tandon and Madhuresh Prasad held that the Constitution recognises equality in gender and both partners must show mutual respect to each others'...
[S.18 MSMED Act] Arbitration Agreement Pending Adjudication By Facilitation Council Is Eclipsed, Not Obliterated: Calcutta High Court
The Calcutta High Court has recently held that an arbitration agreement pending adjudication by the facilitation council is eclipsed not obliterated.A single bench of Justice Moushumi Bhattacharya held:There is nothing in the MSMED Act to suggest, least of all section 18, that the arbitration conducted by the Facilitation Council would subsume the arbitration agreement between the parties...
MSCS Act | Disputes Between Society And Its Members Are Subject To Arbitration: Calcutta High Court Sets Aside State & District Consumer Commission Orders
The Calcutta High Court single bench of Justice Prasenjit Biswas held that disputes concerning the management, constitution, or business of the society, between the society and its members or those claiming through them, are subject to arbitration under Section 84 of the Multi-State Co-operative Societies Act, 2002. Therefore, it set aside orders of District Consumer...