Calcutta High Court
For Unconditional Stay Of Arbitral Award, Prima Facie Case Of Fraud With Substantial Impact On Outcome On Arbitration Proceedings: Calcutta High Court
The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that for an unconditional stay of an arbitral award on pretext of fraud, there should prima facie case of fraud which should be evident on the face of the record without the necessity of a detailed or through examination. The bench held that fraud must be evident and reprehensible, with a substantial impact on...
Arbitration Act | 'Court' Under Section 29A Takes Character Of Appointing Authority Under Section 11: Calcutta High Court
The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that the word “Court” in Section 29A of the Arbitration and Conciliation Act, 1996 for extension of the mandate of the arbitrator takes the character of the appointing authority under Section 11 of the Arbitration Act. Therefore, it held that can only be the Court which has the power to appoint an arbitrator...
Settlement Process By Chairman And Managing Director Doesn't Involve Adjudication, Not Final And Binding: Calcutta High Court
The Calcutta High Court division bench of Justice I.P. Mukerji and Justice Biswaroop Chowdhury held that the settlement process undertaken by the Chairman and Managing Director of the company doesn't involve adjudication. It held that the termination of a settlement attempt does not always result in a “final and binding” decision. Relevant Clause of the...
'Unpardonable': Calcutta High Court Chief Justice Issues Stern Rebuke After Lawyers Force Way Into Courtroom For Holding Political Meeting
Calcutta High Court's Chief Justice TS Sivagnanam, on Friday, issued a stern rebuke against a "nasty incident" at the Court premises where a group of lawyers had entered the chamber of the Registrar General to pressurise office staff to allow them to hold a political gathering inside Courtroom No. 8.The Chief Justice stated that a group of lawyers, including the Assistant Secretary of the...
[O.47 R.1 CPC] Judgement Failing To Consider Precedent Available At Time Of Pronouncement But Not Shown To Court Is Not Reviewable: Calcutta High Court
The Calcutta High Court has recently held that a judgment which fails to consider a precedent which was available at the time of pronouncing the judgment but was not shown to the Court, is not reviewable on the ground of being per incuriam.A single bench of Justice Moushumi Bhattacharya held:A judgment containing an erroneous point of law is not reviewable; it is an appealable judgment....
Calcutta High Court Directs State Govt To Rehabilitate Locals Displaced By Garden Reach Building Collapse
The Calcutta High Court has directed the state government to take measures to rehabilitate those who were displaced in the fatal building collapse at Garden Reach, where a five-storey under-construction building collapsed leading to falling debris killing several people in the area nearby, and injuring many others.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay...
Calcutta High Court Partially Stays Centre's Notification Banning Certain "Dangerous & Ferocious" Dog Breeds
The Calcutta High Court has partially stayed a notification passed by the Union Government on 12th March 2024, by which it prohibited the import, breeding, and selling as pet dogs of around 23 dog breeds.The notification also directed the local authorities to not issue any licenses for keeping or breeding the aforesaid dog breeds and to sterilise dogs who had already been kept as pets to...
Justice Is All About Humanity & Compassion: Justice Moushumi Bhattacharya Bids Farewell To Calcutta High Court
On Wednesday, the Calcutta High Court bid farewell to Justice Moushumi Bhattacharya who was transferred to Telangana High Court after the Supreme Court Collegium accepted her request for transfer.The ceremony was presided over by Chief Justice TS Sivagnanam who said:I have always believed that it is that the bar who can verify the performance of the judge and I am sure she will be an asset to...
"Let Lives Be Saved": Calcutta High Court Declines Urgent Hearing In Matters On Demolition Of Illegal Constructions In Wake Of Fatal Building Collapse
The Calcutta High Court on Tuesday declined indulgence to matters pertaining to orders of demolition passed over allegedly illegal constructions.A single bench of Justice Amrita Sinha declined to urgently list pleas concerning demolition orders in the wake of the collapse of an illegally constructed building, in Kolkata's Garden Reach area, leading to at least five deaths from debris falling...
[Garden Reach Building Collapse] Plea In Calcutta HC Challenges Unauthorised Constructions In Area, Seeks Court's Intervention In 'Stage-Managed' Inquiry
The Calcutta High Court on Tuesday heard the mentioning of a plea pertaining to the collapse of an illegally constructed five-storey building in Kolkata's Garden Reach area, leading to the deaths of more than five people, and injury caused to many others living in the shanties nearby.The plea was mentioned before a division bench of Chief Justice TS Sivagnanam and Justice...
Centre Notifies Transfer Of Calcutta HC Judge Justice Moushumi Bhattacharya To Telangana High Court
The Central Government has today, notified the transfer of Justice Moushumi Bhattacharya of Calcutta High Court to Telangana High Court."In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to transfer Smt. Justice Moushumi Bhattacharya, Judge, High Court of Calcutta, as a...
Calcutta High Court Weekly Round-Up 11th-17th March 2024
NOMINAL INDEXProactive Ship Management Private Limited. vs. The Owners and Parties Interested in the Vessel Green Ocean 2024 LiveLaw (Cal) 65Commissioner Of Customs (Port), Kolkata Versus M/S. Sandeep Kumar Dikshit 2024 LiveLaw (Cal) 66Adani Wilmar Limited and another Vs. The State of West Bengal and others 2024 LiveLaw (Cal) 67PCIT vs ITC INFOTECH INDIA LIMITED 2024 LiveLaw (Cal) 68S.12...