If One Letter With The Necessary Stamp Is Part Of The Correspondence Forming The Contract, The Entire Contract Is Considered Duly Stamped: Calcutta High Court

The High Court of Calcutta has held that if one letter with the necessary stamp is part of the correspondence forming the contract, the entire contract is deemed duly stamped. The bench of Justice Moushumi Bhattacharya held that where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and if any one of the letters is properly stamped...

Calcutta High Court Defers Demolition Of Illegal Building Till ‘After Festive Season’ On Humanitarian Grounds, Cites Tenants’ Economic State

The Calcutta High Court has kept in abeyance an order for the demolition of an illegal building under the jurisdiction of Bidhannagar Municipal Corporation (“BMC”). Earlier, the BMC had been directed to demolish the building forthwith.Acknowledging the plight of those who had invested considerable sums of money in acquiring either shops or houses in the building, a single-bench of...

Calcutta High Court Aids Vishva-Bharati University Prof Ousted From CERN Project, Says VC Acting Against University’s Interests Should Be Removed

The Calcutta High Court has provided relief to the Physics Head of Department of Vishva-Bharati University (“petitioner”) who had been initially selected by the University for a research project entitled “ Indian Participation in the CMS experiment at CERN: Maintenance, Operation and Upgradation.”Subsequently, the petitioner had been taken off the project due to a letter signed by the...

Protect Dignity & Self-Worth, Control Sexual Urges By Maintaining Right To Autonomy Of Body And Privacy: Calcutta HC Advises Adolescent Girls

The Calcutta High Court has recently issued a slew of recommendations to adolescent boys and girls in a case concerning the appeal of young boy, who had been sentenced to 20 years in prison for engaging in sexual relations with a his romantic partner, who was a minor.In acquitting the appellant, while recognising that the POCSO Act does not account for consensual, non-exploitative...

No Sexual Flavour In Touching Student’s Shoulder To Restrain Her From Copying In Exam: Calcutta HC Quashes CAT Order Dismissing School Teacher

The Calcutta High Court’s Circuit Bench at Port Blair has quashed orders of the Disciplinary Authority, Appellate Authority and Central Administrative Tribunal (“CAT”), dismissing a middle school teacher (“petitioner”) on an allegation made by a Class 8 student that the petitioner had outraged her modesty in 2009, by physically touching her on her back, which had caused unrest among...

Award Under MSMED, Can’t Challenge In Writ Petition For Not Granting Adjournment Sought: Calcutta High Court

The High Court of Calcutta has held that an arbitration award passed under MSMED Act cannot be challenged in a writ petition merely on the ground that the petitioner’s request for adjournment was refused by the arbitrator. The bench of Sabyasachi Bhattacharyya held that a party aggrieved by an award passed under MSMED Act has to challenge it under Section 34 of the A&C Act...

Must Be Wary Of Unnecessary Judicial Interference At Every Stage Of Arbitral Process: Calcutta HC Upholds Arbitral Award In Favor Of Reliance Infra

In a landmark 255-page judgement, the Calcutta High Court has upheld an arbitral award in favor of Reliance Infrastructure (“RIL”), arising out of a deal struck with the Damodar Valley Corporation (“DVC”) for construction of thermal power plants in Raghunathpur.In upholding the award passed by a panel of three arbitrators, a single-bench of Justice Shekhar B Saraf noted that India is...

[POCSO Act] Equating Consensual, Non-Exploitative Sexual Acts Between Adolescents With Rape Undermines Bodily Integrity & Dignity: Calcutta HC

The Calcutta High Court has exercised its jurisdiction under Article 226 of the Constitution, and Section 482 of the CrPC to set aside an impugned judgement and order of conviction against the appellant who had been sentenced to 20 years imprisonment on charges of kidnapping of a minor under IPC and aggravated penetrative sexual assault under POCSO Act.In observing that the appellant, and...

Differentiating Between Married And Unmarried Daughter In Compassionate Employment "Sexist": Calcutta High Court

The Calcutta High Court has found that the distinction between ‘married’ and ‘unmarried’ daughters for the purpose of compassionate appointment, as per Clause 9.3.3 of the National Coal Wages Agreement-VI is ultra vires and in violation of Article 14 and 15 of the Constitution.In dismissing the plea of the petitioners for compassionate appointment upon noting that the most...

‘Media Bound By Higher Standards Of Accuracy Than Ordinary Citizens’: Calcutta HC Issues Guidelines For Coverage Of Recruitment Scam Case

The Calcutta High Court has issued a set of guidelines for various media houses as well as investigative agencies, in particular, the Enforcement Directorate (“ED’”) in a plea by Rujira Banerjee, wife of TMC-MP and Recruitment-scam accused Abhishek Banerjee, seeking the Court’s intervention against ‘incessant media coverage’ of the case.Earlier, the Court had expressed...

Continued Abuse & Humiliation By “Insensible & Patriarchal” Husband Amounts To Cruelty: Calcutta High Court Upholds Divorce Decree

The Calcutta High Court has upheld a decree of divorce passed by the Trial court, dissolving the marriage between the appellant (husband) and respondent (wife) under Section 13 of the Hindu Marriage Act, 1955 (“HMA”).Court further upheld the trial court's rejection of custody and dismissed an appeal by the appellant for custody of his son under Section 26 HMA due to non-payment...

Calcutta HC Chief Justice Inaugurates VC System Between Courts & Correctional Homes At Kolkata, In-Camera Test-Identification Parade

The Calcutta High Court on Monday hosted the inauguration of the video-conferencing system between courts and correctional homes at Kolkata and in-camera test-identification parade. The facility was inaugurated by Chief Justice TS Sivagnanam.The Chief Justice pointed at the foundational features of the Nirbhaya Project, and the need for having VC facilities between Courts and Correctional...