Calcutta High Court
"We Live In A Democratic Set Up": Calcutta High Court Declines To Stay Release Of 'Diary Of West Bengal' Movie
The Calcutta High Court on Thursday declined to stay the release of a movie titled "The Diary of West Bengal" in a plea seeking to halt its release on the grounds of the movie containing communal undertones. The movie depicts events around the 1971 Bangladesh Liberation war.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya declined to grant urgent relief on...
RG Kar Rape-Murder: Why Did Calcutta High Court Allow Protestors To March To West Bengal's State Secretariat "Nabanna"
The Calcutta High Court on 23rd August, declined to issue prohibitory orders to prevent student organisations from marching towards the State's Secretariat in Nabanna, to protest against the brutal rape and murder of a trainee doctor at RG Kar Medical College and Hospital.Notably, though it was claimed that the protests, to be carried out by student bodies would be peaceful in nature, there...
Section 34 Applications Challenging Arbitral Awards Subject To ₹120 Court Fee, Higher Fees Under Entry No. 1(10) Not Applicable: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the principal application under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award, falls under Entry No. 2(c) of Schedule II of the Court Fees Act. This entry is the residuary provision that prescribes a court fee of Rs. 120 for original applications before the...
State Orders Impacting Individual Rights Require Separate Legal Remedies: Calcutta High Court
The Calcutta High Court division bench of Justice Harish Tandon and Justice Hiranmay Bhattacharyya has held that when a State authority's order is alleged to have impacted individual rights, each individual must pursue their legal remedy independently, and collective action in such cases is neither permissible nor maintainable. Brief Facts: Suklal Singh & Anr, Petitioners,...
Calcutta High Court Dismisses PIL Challenging BJPs 12-Hr Bandh, Cites Order In Previous Matter Indefinitely Debarring Litigant From Filing PILs
The Calcutta High Court has dismissed a PIL filed by Sanjoy Das, challenging a 12-hour Bandh called by the BJP, due to alleged police action against protestors who were marching to the State secretariat in 'Nabanna' to demand justice for the RG Kar rape-murder victimPolice deployed tear gas and water cannons when the crowd became unruly and began breaking barricades and throwing stones at...
"Attempt To Intimidate Office Of Chief Justice": Calcutta High Court Dismisses PIL Seeking To Modify Judge's Roster, Imposes 50K Cost
The Calcutta High Court has dismissed a PIL seeking to modify a judge's roster due to allegations of conflict of interest, with exemplary costs of Rs 50,000. The Court also debarred the litigant from filing a PIL ever again, by invoking the Calcutta High Court Appellate Side Rules.Advocate Sanjoy Das, the petitioner, sought to change the determination of Justice Amrita Sinha's bench...
Gathering For Lawful Purposes Should Not Be Restricted Without Imminent Threat To Public Order: Calcutta High Court
The Calcutta High Court bench of Justice Rajarshi Bharadwaj has held that if a gathering is not intended for unlawful purposes, it should not be restricted at a public place unless there is an imminent threat to public order. Even in such situations, the High Court held that any restrictions imposed must be fair and reasonable with a balance between individual rights and...
Plea In Calcutta High Court Challenges Release Of "Diary Of West Bengal" Movie, Alleges Communal Undertones
The Calcutta High Court on Wednesday said that it shall hear tomorrow (Thursday) a public interest litigation (PIL) petition seeking a stay on the release of the movie "The Diary of West Bengal". According to reports the movie is set up against the backdrop of the 1971 Bangladesh genocide.The matter was mentioned before a division bench comprising Chief Justice TS Sivagnanam and Justice...
PIL In Calcutta High Court Challenges 12-Hour 'Bandh' Called By BJP To Protest Police Action During 'Nabanna March' Over RG Kar Incident
A public interest litigation (PIL) has been moved before the Calcutta High Court challenging a 12-hour strike called by the Bharatiya Janata Party (BJP) to protest police action against protestors who were marching towards the Nabanna, State secretariat building in connection with the brutal rape and murder of a resident doctor at RG Kar hospital.In calling for the court to restrain the BJP...
Calcutta High Court Quashes Ban On Football Supporters Entering Stadium With 'Tifo' Demanding Justice For RG Kar Rape-Murder Victim
The Calcutta High Court has set aside a state government order banning supporters of Mohun Bagan Football Club from entering the Salt Lake Stadium with a large 'tifo' protesting the rape and murder of a trainee doctor at RG Kar Medical College and Hospital, during their team's match.A division bench of Justices Harish Tandon and Hiranmay Bhattacharya held:These activities are acclaimed as...
Mere Apprehension That Person Would Flee India Is Not Enough To Issue Look Out Circular: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that mere apprehension that a person would flee India and no steps could be taken to recover the money is not enough to issue a Look Out Circular (LOC) against him. Brief Facts: The matter pertained to a writ petition which was filed by an erstwhile Director of Visa Power Limited ("company in liquidation"). The...
Section 34 Challenge Unwarranted If Arbitrator's Judgment Is Well-Reasoned And Based On Evidence: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that if an Arbitrator's judgment is well-reasoned and backed by substantial evidence, there are no grounds to challenge it under Section 34 of the Arbitration and Conciliation Act, 1996. Brief Facts: The matter pertained to a dispute between BLA Projects Private Limited (the claimant/respondent) and...