West Bengal’s Advocate General Soumendra Nath Mookherjee Resigns From Office

West Bengal’s Advocate General (“AG”) SN Mookerjee resigned from his office, yesterday on 10th November. In a letter addressed to the Governor of West Bengal, CV Ananda Bose, Mookherjee tendered his resignation, but refused to assign any specific reasons for the same.Mookherjee, who hails from a family of lawyers, had been appointed as AG on 15th September 2021, in wake of the 2021...

NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions

The Calcutta High Court has recently suspended the convictions and 15-year prison sentences of four persons under the Narcotic Drugs & Psychotropic Substances Act (“NDPS Act”), for the alleged possession of commercial quantities of cannabis.In allowing the application for suspension of sentence and bail under Section 389(1) of the CrPC, pending the disposal of the final appeal, a...

Calcutta High Court Grants Bail To NDPS Accused, Says No Reason To Obligate Them To Rigors Of S.37 In Absence Of Forensic Report

A Calcutta High Court vacation bench comprising Justices Sabyasachi Bhattacharya and Partha Sarathi Chatterjee have granted bail to the petitioners who had been accused under the NDPS Act, upon noting that the rigors of Section 37 of the NDPS Act which requires a Court to only grant bail if there are reasonable grounds to believe the accused are not guilty and will not reoffend, would not...

No ‘Contra-Indicia’ To Un-Seat Venue: Calcutta High Court Reiterates The Law On Seat & Venue In Arbitral Proceedings.

The Calcutta High Court has held that the venue for arbitration, as decided by the parties under their contractual agreement would automatically be the seat for arbitration, in the absence of any ‘contra-indicia.’In rejecting jurisdictional objections on its competence to entertain an application under Section 34 of the Arbitration & Conciliation Act, 1996 (“A & C Act”)...

'He Intends To Abuse, Show Red Eyes To Court': Calcutta High Court Imposes ₹50K Cost On An Advocate

Taking a stern stance against an advocate who intended to show ‘red eyes’ and also abuse the court, the Calcutta High Court recently imposed a cost of Rs. 50,000/- on him. This decision came from a Single Judge while dealing with a writ appeal. In its order, the Court, perusing an earlier order in the matter (dated 16th October 2023), noted that Justice Bibek Chaudhuri had held...

Security For Maritime Claim Must Be Supported By Evidence, Should Not Be Harsh & Oppressive: Calcutta High Court

The Calcutta High Court has allowed a plea for revision of security payable by “MT TSM Pollux” a Liberian vessel which had allegedly damaged a significant portion of a Haldia Oil Jetty.Earlier, a co-ordinate bench had directed for the vessel to be “arrested” conditionally, pending the payment of security to the tune of approx. Rs 88 crores.In allowing the plea for revision of security...

Ex-Parte Decision In Matrimonial Suits Unjust; Has Social, Financial & ‘Strong Emotional Impact’: Calcutta High Court

The Calcutta High Court has dismissed a revision application in against the orders of the trial court in a matrimonial suit, which allowed the wife/respondent adjournments and opportunities to file her written statement.It was contended by the petitioner that the trial court could not have passed orders extending the time for filing written statements for the wife, since no formal application...

Criminal Breach Of Trust | Calcutta High Court Refuses To Quash Proceedings Against Tour Operator For Prima Facie Misusing Booking Amounts

The Calcutta High Court’s Circuit Bench at Jalpaiguri has refused to quash criminal proceedings against a tour operator who had been accused of duping his clients by taking large sums of money from them, without utilising the same for their hotel or cab bookings.Complainants, a group of 18 tourists from Maharashtra, alleged that they had booked a package for hotel and cab services with...

9 Hours Time Gap Between The Expiry Of E-Way Bill And Interception Of The Vehicle: Calcutta High Court Directs Refund Of Penalty

The Calcutta High Court has directed the refund of the penalty in the case where there was a 9-hour time gap between the expiry of the e-way bill and the interception of the vehicle.The bench of Justice Md. Nizamuddin observed that there was no intention of the petitioner to evade the payment of tax.The petitioner/assessee challenged the order of the appellate authority under the WBGST...

Calcutta High Court Weekly Round-Up: October 16, 2023 To October 22, 2023

NOMINAL INDEXGovernment of Maharashtra v Shrivin Pharma Pvt. Ltd. 2023 LiveLaw (Cal) 319Manojit Basu vs. Shyamasree Basu (nee Ghosh) 2023 LiveLaw (Cal) 320Dipali Mitra & Ors. V Coal India Limited & Ors. 2023 LiveLaw (Cal) 321Probhat Purkait @ Provat v The State of West Bengal 2023 LiveLaw (Cal) 322MSMED Act | Facilitation Council Must Adjudicate On Interest Component Itself-...

Calcutta High Court Refuses FIR Against Suvendu Adhikari For ‘Spat’ With Police, Says Leader’s Public Use Of Slangs Was ‘In Poor Taste’

The Calcutta High Court has refused a plea for registration of an FIR against BJP Leader of Opposition Suvendu Adhikari under Sections 341 and 353 of the IPC for the offences of criminal use of force to prevent a public servant from discharging his duty and wrongful restraint.Adhikari allegedly had an altercation with the police during protest over an issue, and was found having a spat with...

Absence Of Arbitration Clause In The Main Agreement Is Immaterial When It Specifically Incorporates Another Agreement Containing Arbitration Clause: Calcutta High Court

The High Court of Calcutta has held that absence of arbitration clause in the main agreement is immaterial when it specifically incorporates another agreement containing arbitration clause. The bench of Justice Moushumi Bhattacharya held that Section 7(5) of the A&C Act allows incorporation of the arbitration agreement by reference and a case wherein the main agreement...