Female Lawyer Accuses Clerk Of Molesting Her Inside Calcutta High Court Elevator

A female lawyer at the Calcutta High Court has accused a male clerk of molesting her inside an elevator at the Calcutta High Court on Monday morning.According to reports, the lawyer stated that she was molested by the accused- a clerk working for an advocate when she was alone in the elevator with him.It was stated that the Group-D employee had also made advances on her before, promising...

Calcutta High Court Directs Enquiry Against Complainants For Filing False POCSO Case Against Accused Who Spent Almost A Year Behind Bars

The Calcutta High Court has called upon the POCSO court, Murshidabad to undertake a 'discreet enquiry' into the de-facto complainant and her daughter in a POCSO case for making a false complaint and also recording a false statement under Section 164 of Cr.P.C., thereby fabricating false evidence within the meaning of Section 192 of the IPC.A division bench of Justices Arijit Banerjee and...

Calcutta High Court Orders CID Probe Into Bail Plea Filed Without Knowledge Of Accused

The Calcutta High Court has ordered a probe by the State CID into a peculiar case, where the bail plea of an accused was filed without his knowledge.A division bench of Justices Arijit Banerjee and Apurba Sinha Ray held: "Sk. Jiyaul is present in Court today. He is the person who has affirmed the affidavit in support of the bail petition. He cannot explain as to how without instruction from...

Calcutta High Court Calls For CAG's Report On State Govt's ₹85K Grant To Local Clubs For Durga Puja Celebrations

The Calcutta High Court on Monday directed the Comptroller and Auditor General (CAG) to file a report on the State government's grant of Rs 85,000 given to local clubs across West Bengal for Durga Puja celebrations. A division bench of Chief Justice TS Sivagnanam and Justice Bivas Pattanayak declined any interim relief to the petitioner while observing that the question of the merits of the...

Calcutta High Court Releases DYFI Leader Arrested For Allegedly Planning To Attack Govt Building Over Phone Call, Orders No Coercive Action

The Calcutta High Court has ordered the release of jailed Democratic Youth Federation of India (DYFI) leader Kalatan Dasgupta, who was arrested after a phone call recording surfaced of him allegedly planning a violent attack on the State Health Department "Swastha Bhawan" in Salt Lake, to injure public officials and cause disturbance.A single bench of Justice Rajarshi Bharadwaj ordered...

Calcutta High Court Weekly Round-Up 09 September To 15 September, 2024

NOMINAL INDEXBaid Power Services Private Limited vs The Bihar Medical Services and Infrastructure Corporation Limited Citation: 2024 LiveLaw (Cal) 208JATIYATABADI AYINJIBI COUNCIL AND ANR. VS THE UNION OF INDIA AND ORS. Citation: 2024 LiveLaw (Cal) 209Tata Communications Limited Vs Rudrapriya Constructions LLP and Anr. Citation: 2024 LiveLaw (Cal) 210Tapan Kumar Samaddar Vs Sagar Jagdish...

MSME Act Doesn't Bar Independent Arbitration Under Arbitration And Conciliation Act Based On Agreement Clause: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that Section 18 of the MSME Act does not create any substantive rights or liabilities but simply offers an alternative method for resolving disputes outside of court proceedings. The bench held that if a party involved in a dispute chooses to pursue arbitration independently under the Arbitration and...

Composite Reference Can't Be Made Of Disparate Causes Of Action: Calcutta High Court

The Calcutta High Court bench comprising Justice Sabyasachi Bhattacharyya has held that composite reference to an Arbitral Tribunal cannot be made for disparate causes of action in different agreements with different parties as it contravenes the principles of privity, confidentiality, and party autonomy. Background: The Petitioner, the Secretary of Ganaudyog Bazar Unnayan...

Calcutta High Court Grants Bail To Trinamool Congress Leader Manik Bhattacharya In Recruitment Scam Case

The Calcutta High Court has granted bail to Trinamool Congress (TMC) leader and former MLA Manik Bhattacharya, accused in the cash-for-jobs recruitment scam case. Notably, two earlier pleas for bail by Bhattacharya had been dismissed by the court.A single bench of Justice Suvra Ghosh relied on the Supreme Court's order in Manish Sisodia's case and held:As observed by the Hon'ble Supreme...

Disputes Exceeding Rent Control Act Threshold Are Arbitrable If Lease Agreement Includes Arbitration Clause: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that when the total monthly payable amount surpasses the threshold for invoking the provisions of the Rent Control Act, the dispute becomes subject to arbitration if the lease agreement contains an arbitration clause. Further, the bench held that in a petition filed under Section 11 of the...

Arbitration Clause In Original Lease Deed Incorporated Into Deed Of Assignment When Deeds Are Interconnected And Consistent: Calcutta High Court

The Calcutta High Court bench of Justice Ravi Krishan Kapur has held that if a deed of assignment is properly interpreted as being interconnected and related to the original lease deed containing an arbitration clause, then the parties intended for the arbitration clause to be included in the deed of assignment. The bench held that interrelationship was not merely superficial...

Very Important And Sensitive Issue: Calcutta High Court Issues Notice To State On Plea Flagging Breeding, Sale Of Pets In Unregistered Shops

The Calcutta High Court issued notice on a plea seeking a report on the implementation of rules such as the Prevention of Cruelty to Animals Act and in particular the Prevention of Cruelty to Animals (Dog Breeding & Marketing) Rules, 2017 and Prevention of Cruelty to Animals (Pet Shop) Rules, 2018. The petitioner stated that despite there being comprehensive rules issued in 2017 and...