Calcutta High Court Weekly Round-Up 29th January-4th February 2024

NOMINAL INDEXCommissioner Of Income Tax Versus Gopal Sharma 2024 LiveLaw (Cal) 29Commissioner Of Customs (Port), Kolkata Versus M/S. Dredging Corporation Of India Limited 2024 LiveLaw (Cal) 30Subham Roy Choudhury Vs The State of West Bengal & another.2024 LiveLaw (Cal) 31Paresh Chandra Ganguly (represented by LRs) v CBI 2024 LiveLaw (Cal) 32Nilanjan Mitra v The State of West Bengal &...

Limited Judicial Intervention U/s 8 And 11 Of Arbitration Act, Presumption In Favor Of Arbitration: Calcutta High Court

The Calcutta High Court bench comprising Justice Krishna Rao held that while interpreting the arbitration agreements, the courts should have a presumption in favour of arbitration of the dispute and the court could only interfere if the party shows prima facie non-existence of valid arbitration agreement. It held that Sections 8 and 11 of the Arbitration and Conciliation Act, 1986...

Bar Association Elections | Calcutta High Court Intervenes In Plea Raising Concerns On Possibility Of Individual Votes Being Traced Back To Voters

The Calcutta High Court intervened in a plea regarding the High Court Bar Association Elections, which were held recently. The plea alleged that while casting votes, members of the Bar association discovered that the serial number of the voter was depicted in the ballot paper, along with the name of the candidates. In intervening to ensure secrecy was maintained in the voting process, a...

'Prima Facie Over-Action': Calcutta HC Seeks Explanation From Doctors Who Terminated Pregnancy When Court Merely Directed Formation Of Medical Board

The Calcutta High Court has called for an explanation from a group of doctors who medically terminated the minor petitioner's pregnancy when the Court had only directed the formation of a Medical Board to ascertain the pros & cons of terminating the pregnancy.A single bench of Justice Sabyasachi Bhattacharya held: Such action on the part of the concerned doctors transpires prima facie to...

Calcutta High Court Monthly Digest: January 2024

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...

"Misplaced Sympathy": Calcutta HC Sets Aside Direction For Fresh Viva & Aptitude Test Of TET Candidate Who Failed To Attend Due To Father's Illness

The Calcutta High Court has recently set aside the order of a single bench, which directed the West Bengal Board of Primary Education (Board) to conduct a fresh viva voce and aptitude test for a TET candidate, who was not able to appear for the same due to serious ailments suffered by his father.A division bench of Justices Tapabrata Chakraborty and Partha Sarathi Sen held:In the said...

Misdirected Police Investigation: Calcutta HC Directs CID To Probe Death Of Wife Burnt Alive While Husband Showed Ordeal To Her Relative On Video Call

The Calcutta High Court on Wednesday took note of an unfortunate incident involving a husband, who video-called his wife's relative to show the sight of his wife burning to death, instead of intervening or saving her.In observing that the police had fallen short in their investigation, a single bench of Justice Jay Sengupta transferred the investigation to the CID and held:It appears that...

[S.125 CrPC] Maintenance Provisions Being Welfare Legislation Need Not Be Construed To Be Proven Beyond Reasonable Doubt: Calcutta High Court

The Calcutta High Court has recently held that the provisions for maintenance under Section 125 of the CrPC are welfare legislations and that they need not be proven beyond reasonable doubt as their criminal law counterparts. In refusing to quash a claim for maintenance against the petitioner, a single bench of Justice Ajoy Kumar Mukherjee held:Conduct of wife/opposite party during her stay...

Madhyamik Exams 2024 | Calcutta HC Imposes 10K Costs On School For Mistakenly Marking Student 'Absent', Leading To Her Not Receiving Admit Card

The Calcutta High Court has recently imposed costs of Rs 10,000 on a school that mistakenly marked a student absent, due to which she was not provided with an admit card for the upcoming 2023 Madhyamik class 10 examinations.A single bench of Justice Biswajit Basu, who had directed the school's headmaster to appear in-person, held:It appears from the record that the petitioner has...

Complaint Lodged Directly Before CBI Shows Misuse Of Power & Nepotism: Calcutta HC Sets Aside Conviction Of Govt Employee Accused Of Demanding ₹300 Bribe

The Calcutta High Court has set aside a conviction under Section 7 & 13(1)(d) of the Prevention of Corruption (PC) Act, against the appellant, who was sentenced to one year of imprisonment and a fine of Rs 500, for allegedly demanding a bribe of Rs 300 in the year 1997.The appellant, who was working as a dealing assistant at the Kalyani Vidhan Park Sub-Office was alleged to have demanded...

Dredger Accessories Rules, Vessel Still In Use, No Case Of Unjust Enrichment, Duty Not Leviable: Calcutta High Court

The Calcutta High Court has held that when the goods are still in use, the question of passing the burden of customs duty does not arise, and the question of unjust enrichment will not be applicable.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that the appellate authority took note of the certificate issued by the Chartered Accountant in which...

Calcutta High Court Chief Justice Re-Assigns Cases On Primary Education Which Were To Be Heard By Justice Abhijit Gangopadhyay

Calcutta High Court Chief Justice TS Sivagnanam has reassigned all cases under Article 226 relating to primary education under Group-II, which were to be heard by Justice Abhijit Gangopadhyay to the bench of Justice Rajasekhar Mantha.This development comes in the wake of substantial controversy last week, when Justice Gangopadhyay ignored a division bench's stay order on his direction for a...