Party Eligible For Interim Protection U/S 9(1) Arbitration & Conciliation Act, Regressive To Relegate To CPC Procedure: Calcutta High Court

The Calcutta High Court has recently allowed applications for appointment of arbitrator u/s 11 and for interim protection u/s 9(1) of the Arbitration & Conciliation Act, 1996 (“Act”) by Prathyusha- AMR, a Joint Venture. In allowing the plea for appointment of an arbitrator u/s 11 of the Act, a single-bench of Justice Moushumi Bhattacharya noted that “a turning point” in...

Calcutta High Court Allows Vishwa Hindu Parishad, Bajrang Dal To Hold Rally For Freedom Fighters, Spread Awareness About Hinduism

The Calcutta High Court has allowed the pleas filed by representatives of the Vishwa Hindu Parishad (VHP) and the Bajrang Dal to hold a "Shourya Jagran Yatra”, which would enlighten the people of West Bengal about the sacrifices made by the freedom fighters.On an earlier occasion, a single-bench of Justice Jay Sengputa had directed the petitioners to file a supplementary affidavit...

Calcutta High Court Monthly Digest: September 2023

Citations: 2023 LiveLaw (Cal) 259 To 2023 LiveLaw (Cal) 303NOMINAL INDEXSarat Chatterjee and Co. (VSP) Private Limited v Sri Munisubrata Agri International Limited (Formerly known as LMJ International Ltd.) and Anr. 2023 LiveLaw (Cal) 259Birendra Nath Mondal Vs State Of West Bengal And Ors 2023 LiveLaw (Cal) 260Zainul Haque v State of WB & Ors 2023 LiveLaw (Cal) 261Abhijit Das Vs. State...

Calcutta High Court Weekly Round-Up: September 25 To October 1, 2023

NOMINAL INDEXSuman Dutta And Ors Vs State Of West Bengal And Ors. 2023 LiveLaw (Cal) 293St. Mary’s Technological Foundation and Another Vs. The West Bengal State Electricity Transmission Company Limited and Others 2023 LiveLaw (Cal) 294Ankita Saha & Anr. V The State of West Bengal & Ors. 2023 LiveLaw (Cal) 295Bijoy Kumar Banik and another vs State of West Bengal and others 2023...

Pre-Bid Forfeiture | Auction Authority Can't Claim Damages On "Guesstimates", Amount Must Be Established With Reasonable Certainty: Calcutta HC

The Calcutta High Court has recently held that damages being claimed by a party, must satisfy the threshold of credibility, and not be mere “guesstimates” made without legal basis. Petitioner was aggrieved by the decision of National Jute Manufactures Corporation Limited (“NJMC/respondent no 1”) to forfeit the pre-bid earnest money deposited by the petitioner in response to a call...

Contempt: Calcutta HC Refuses To Issue Ex Parte ‘Rule’ Against SEC Over Delay In Deploying Central Forces During Panchayat Polls

The Calcutta High Court on Friday refrained from issuing ex parte rule against the West Bengal government and State Election Commission in contempt proceedings arising out of alleged violation of Court’s orders pertaining to the deployment of central forces, et. al in the recently concluded Panchayat Elections. Senior Advocate Guru Krishna Kumar appearing for the contempt applicants...

Calcutta High Court Removes ED Officer From Investigation Into Recruitment Scam Case, Asks Agency To Not Engage Him In Any Case Arising In Bengal

The Calcutta High Court on Friday directed the Enforcement Directorate (“ED”) to remove Assistant Director Mithilesh Kumar Mishra, investigating the Primary Teacher Recruitment Scam in West Bengal, from the investigation, and for him to be reassigned on other matters, not arising within the State. Earlier, a single-bench of Justice Amrita Sinha had expressed displeasure at the...

Calcutta High Court Slams Special CBI Judge For 'Acting Detrimentally' To CBI, ED Probe Into Recruitment Scam, Orders Transfer

In a scathing verdict, the Calcutta High Court has directed West Bengal Law Minister Moloy Ghatak to forthwith effect the pending transfer of Alipore Special CBI Judge Arpan Chatterjee, after CBI DIG & SIT head Ashwin Shenvi submitted that SIT members investigating the recruitment scam were being sent for inquiry to the Kolkata Police by the said judge.In expressing his exasperation at...

Calcutta High Court Orders Wheelchair, Business Space For 100% Disabled Petitioner, Says State Cannot Shirk Responsibility As Parens Patriae

The Calcutta High Court has directed the State to provide the petitioner, a person with 100% disability, with a wheel chair under the Prosthetic Aids and Appliances Scheme of the Government of West Bengal, as well as with a space/shop near Baranagar in order for the petitioner to start some business with the help of his wheelchair.In taking exception to the apathy faced by the petitioner at...

Tedious Judicial Process Cannot Be Used To Harass Employees: Calcutta High Court Directs UCO Bank To Release Arrears Of Pay & Retirement Benefits

The Calcutta High Court has directed UCO Bank to disburse within a period of 6 weeks, the salary arrears, retirement and service benefits of a retired employee whose conduct during service is being disputed by the Bank.Earlier, the petitioner’s order of dismissal by the Bank was dismissed by a co-ordinate bench, whose order was subsequently upheld by a division-bench on 27th June...

Calcutta HC Restores Original Merit List In Police Constable Recruitment 2019; Age Relaxation Doesn't Bar Reserved Category Candidate To Fill General Seat

The Calcutta High Court has allowed a writ petition moved by reserved category candidates in the WB Police Constable Recruitment 2019, whose names were excluded in a revised merit list that was published in 2022 pursuant to the impugned judgment by the WB State Administrative Tribunal (“SAT”).The Bench restored the original merit list that quashed by SAT, in which reserved candidates...

Cheque Dishonour | Proceedings U/S 138 NI Act Cannot Be Compounded At Revision Stage Without Complainant’s Consent: Calcutta High Court

The Calcutta High Court has observed that offences under Section 138 of the Negotiable Instruments Act (“N.I. Act”), cannot be compounded without the complainant’s consent, in violation of Section 320 CrPC. In dismissing two criminal revisions, a single-bench of Justice Subhendu Samanta held:It is clear that the prayer of compromise at the stage of criminal revision before this High...