MSMED Act Does Not Prevent Interim Relief Under Section 9 Of The A&C Act, Before Approaching Facilitation Council : Calcutta High Court

The Calcutta High Court has held that MSMED Act does not prevent a party from seeking an interim relief under Section 9 of the A&C Act anytime before approaching the Facilitation Council. The bench of Justice Sabyasachi Bhattacharyya held that the reference of dispute to facilitation council cannot be refused merely on the ground that before making such a reference under Section...

Writ Petition Not Maintainable, Exists Arbitration Clause To Look Into Disputed Facts: Calcutta High Court

The High Court of Calcutta has held that a writ petition would not be maintainable due to an alternative remedy in the form of arbitration when the petition involves disputed questions of facts that requires detailed assessment. The bench of Justice Sabyasachi Bhattacharya held that availability of alternative remedy is not always a bar to the maintainability of the...

Calcutta High Court Dismisses Plea Challenging WB Medical Council Appointments, Says No Gross Illegality In Nomination Process

The Calcutta High Court has recently dismissed a plea which challenged appointments to the West Bengal Medical Council (“WBMC”), and sought for dissolution of the entire Council.A single-bench of Justice Sabyasachi Bhattacharya noted that while the plea pertained to dissolution of the entire council, arguments and pleadings had only been advanced against the election of the President and...

Arbitration Clause Contained In The Tax Invoice Is Binding When The Terms And Conditions Of The Invoice Were Accepted And Acted Upon: Calcutta High Court

The High Court of Calcutta has held that an arbitration clause contained in a tax invoice would be binding on the parties when the terms and conditions contained therein were accepted and acted upon by the parties. The bench of Justice Shekhar B. Saraf held that when a party accepts an invoice incorporating a clearly visible arbitration clause and subsequently acts in accordance with...

Exclusive Jurisdiction Clause Takes Precedence Over Generic Jurisdiction Clause In Another Agreement Between The Parties: Calcutta High Court

The High Court of Calcutta has held that an exclusive jurisdiction clause within the arbitration agreement would override a generic jurisdiction clause contained in another agreement between the parties. The bench of Justice Shekhar B. Saraf held that the moment an arbitration clause confers exclusive jurisdiction on the Court at a particular place or the seat of arbitration...

Calcutta High Court Reprimands Kolkata Police For ‘Computerised Rejection’ Of BJP Rally Permission

The Calcutta High Court has recently reprimanded the Kolkata Police authorities for denying permission to the Bharatiya Janata Party (“BJP”) from holding a rally within Kolkata on two separate occasions, through “auto-generated e-mail communications.”Petitioners contended that their initial application had been rejected through an auto-generated email stipulating that they had not...

48 Yrs After Emergency, Transfer Of 24 HC Judges In One Go Marks Power Shift From Executive To Judiciary: Justice Bibek Chaudhuri On Transfer To Patna

“In 1975, during Emergency, 16 High Court judges were transferred by the Executive in one go, after almost 48 years, 24 High Court judges have been transferred by the SC Collegium in one go. I am one of the beginners in the shifting of power from the Executive to the Judiciary," Justice Bibek Chaudhuri said in a ‘farewell’ ceremony hosted by the Calcutta High Court upon his transfer...

Balance Public Interest With Sustainability: Calcutta High Court Refuses Permission To Uproot Trees For Metro Rail Construction

The Calcutta High Court has recently refused to pass any orders allowing the Rail Vikas Nigam Limited (“RVNL”) to uproot in excess of 700 trees in Kolkata’s Maidan area for construction of a new metro railway line.In refusing to vacate an earlier order of a co-ordinate vacation bench preventing the uprooting of trees, a division bench of Chief Justice TS Sivagnanam and Justice...

‘Will Aid Judicial & Administrative Functioning’: Calcutta HC Announces 1000 Laptops For Judicial Officers Of WB, Andaman & Nicobar

The Calcutta High Court hosted a programme for the distribution of 1000 new laptops to the judicial officers of West Bengal and the Andaman and Nicobar Islands. The ceremony was presided over by Chief Justice TS Sivagnanam, who was joined by members of the High Court Computer Committee, Justice Tapabrata Chakroborty, Justice Moushumi Bhattacharya and Justice Debangshu Basak.Chief...

Calcutta HC Sets Aside Bank’s Complaint Against Alleged ‘Wilful Defaulter,’ Says Arbitrariness Infringes Individual’s Right To Equality

The Calcutta High Court has set aside a complaint lodged by Punjab National Bank (“PNB”) against the petitioner, requesting the CBI to register an FIR against the petitioner on basis of the complaint due to the petitioner being allegedly construed as a “wilful defaulter” under the Master Circular on Wilful Defaulters issued by the Reserve Bank of India (RBI) in 2015.Petitioner...

All-Time High Unemployment Due To Hurdles Created By ‘Petty Technicalities’ & Misuse Of Discretionary Powers: Calcutta HC

The Calcutta High Court has recently observed that the lack of efficient mechanisms in providing employment to youth, has led to a large percentage of the country’s population being unemployed.Court was dealing with challenges against the action of the Additional District Inspector of Schools (SE), Purba Medinapur in the recruitment process to hire one clerk and two laboratory attendants,...

Family Of Person Who Died In Police Custody Approach Calcutta HC For Video-Graphed Post Mortem, Allege Custodial Torture

The Calcutta High Court on Thursday heard mentioning of a plea by an advocate, alleging foul play in the custodial death of a man who was called for questioning by the Kolkata Police, to Amherst Street Police Station, yesterday.A division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya were told that within a few hours of the man being called for questioning, his family...