Calcutta High Court Weekly Round-Up: November 4th To November, 10th, 2024

NOMINAL INDEX

SMT SONIA DHIR AND ANR. VS PRESTAR INFRASTRUCTURE PROJECTS LIMITED Citation: 2024 LiveLaw (Cal) 229

ASHUNATH BHATTACHARJEE VS STATE OF WEST BENGAL Citation: 2024 LiveLaw (Cal) 230

STATE OF WEST BENGAL AND ORS VS REBEKA KHATUN MOLLA ALIAS REBEKA MOLLA AND ORS Citation: 2024 LiveLaw (Cal) 231

Gautam Ray Vs. State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 232

Bally Sarvajanik Chath Puja Samity & Ors Vs The State of West Bengal & Ors Citation: 2024 LiveLaw (Cal) 233

Kailash Vijayvargiya Versus The State of West Bengal and Another Citation: 2024 LiveLaw (Cal) 234

PRAJNA PAROMITA SEN AND ANR. VS STATE OF WEST BENGAL AND ORS. Citation: 2024 LiveLaw (Cal) 235

Rajib Kumar Jha Versus Union of India & Ors. Citation: 2024 LiveLaw (Cal) 236

ABDUL KALIM @ AZAD @ ABDUL KALAM VS STATE OF WEST BENGAL Citation: 2024 LiveLaw (Cal) 237

Composite Reference May Be Made When Two Contracts Are So Intertwined That Separate Arbitral Proceedings Would Prejudice Parties: Calcutta HC

Case Title: SMT SONIA DHIR AND ANR. VS PRESTAR INFRASTRUCTURE PROJECTS LIMITED

Citation: 2024 LiveLaw (Cal) 229

The Calcutta High Court Bench of Justice Sabyasachi Bhattacharya affirmed that when two or more contracts are so intertwined with each other so as to prejudice the parties should separate arbitrations be held, a composite reference of both the contracts can be made to the Arbitrator.

The present application under Section 11 of the Arbitration and Conciliation Act, 1996 arises out of a dispute pertaining to two different agreements between the parties. The first agreement, being a leave and licence agreement, was entered into between the petitioner no.2, a company, and the respondent with regard to a particular property.

The second agreement, which is a service agreement, was also entered into on the same day i.e., on July 18, 2023 between the respondent and the petitioner no.1, who is the wife of one of the erstwhile directors of the petitioner no.2 and also herself a director of the petitioner no.2 company.

Married Police Personnel Cohabiting With Another Person Is Unbecoming Of His Status: Calcutta High Court

Case: ASHUNATH BHATTACHARJEE VS STATE OF WEST BENGAL

Citation: 2024 LiveLaw (Cal) 230

The Calcutta High Court has observed that a police official cohabiting with another person during the presence of their spouse is "unbecoming of their status."

The court was dealing with a prayer for anticipatory bail in a case under Sections 307, 498A, 406 IPC against a police officer who was allegedly in a relationship with a practising advocate. Both parties were allegedly married to separate spouses and had children from their respective marriages. It was argued by the petitioner that since their relationship soured, he was falsely accused by the complainant.

Calcutta High Court Upholds CBI Probe Into Allegations Of Custodial Torture By Accused Arrested For Threatening Abhishek Banerjee's Daughter

Case: STATE OF WEST BENGAL AND ORS VS REBEKA KHATUN MOLLA ALIAS REBEKA MOLLA AND ORS

Citation: 2024 LiveLaw (Cal) 231

The Calcutta High Court division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya has upheld a single bench's order directing a CBI probe into allegations of custodial torture by the accused arrested for allegedly threatening Trinamool Congress MP Abhishek Banerjee's daughter.

Earlier, a single bench of Justice Rajarshi Bharadwaj had ordered a CBI probe into the allegations.

Calcutta High Court Directs Police Protection For Puja Committee Holding 'Jagadhatri Puja' At Durga Mandir

Case: Gautam Ray Vs. State of West Bengal & Ors.

Citation: 2024 LiveLaw (Cal) 232

The Calcutta High Court has directed the state to provide police protection to the puja committee conducting Jagadhatri Puja at Sarkar Para Durga Mandir, in a plea by the committee seeking necessary permissions and protections for organising the puja.

A single bench of Justice Jay Sengupta held:

"As the petitioner had been holding the said Jagadhatri Puja at the said venue admittedly for sometime and they have obtained all other necessary permissions for this year, there should not be any impediment upon them to hold the said Jagadhatri Puja this year. In view of the above, let the local police make all necessary arrangements in and around the venue for the petitioner to celebrate and holding Jagadhatri Puja at the said venue. The Officer-in-Charge of the local Police Station shall ensure that no breach of peace takes place and would deploy adequate number of police personnel for such purpose."

Calcutta High Court Declines Owners' Plea To Recall Order Permitting Usage Of Their Property's 'Ghat' For Celebration Of Chhath Puja

Case: Bally Sarvajanik Chath Puja Samity & Ors Vs The State of West Bengal & Ors

Citation: 2024 LiveLaw (Cal) 233

The Calcutta High Court has declined an intervention application by the owner of a property seeking to recall the court's earlier order allowing the usage of a ghat (river bank) situated on the premises of the property for the celebration of Chhath puja by people in the area.

A single bench of Justice Rai Chattopadhyay held:

"The applicants, thus, neither can be called a diligent litigant to be eligible for an equitable remedy, nor can be held to have been able to bring on record with sufficient precision, that fraud in accordance with law, has been committed upon them by the writ petitioner. The writ petition has already been disposed of. The applicants would have other remedies available, if adversely affected by the order of the Court. So far as recall of the order of the Court is concerned, within the limited scope of the existing and prevalent laws as regards the same, the present applications would not be maintainable."

Calcutta High Court Quashes Case Against BJP Leader Kailash Vijayvargiya Over Allegedly Misleading Post On 'X'

Case: Kailash Vijayvargiya Versus The State of West Bengal and Another

Citation: 2024 LiveLaw (Cal) 234

The Calcutta High Court has quashed a case against BJP leader Kailash Vijayvargiya, accused under Sections 504/505(1)(b)/120B of the Indian Penal Code, 1860, for allegedly misleading posts regarding workers belonging to the ruling party posted on his X (Twitter) account.

It was alleged by the State that Vijayvargiya had shared a fake video of women being assaulted on his X handle and claimed that the ruling party workers were behind the assault. It was argued that this post led to widespread disruption of peace in the area.

"Puja Committee Thinks They Are Bigger Than God": Calcutta HC On Plea Against Use Of Loudspeakers Near School For Specially-Abled Children

Case: PRAJNA PAROMITA SEN AND ANR. VS STATE OF WEST BENGAL AND ORS.

Citation: 2024 LiveLaw (Cal) 235

"We Live In A Democratic Set Up": Calcutta High Court Declines To Stay Release Of 'Diary Of West Bengal' Movie

Case: Rajib Kumar Jha Versus Union of India & Ors. 

Citation: 2024 LiveLaw (Cal) 236

The Calcutta High Court 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 earlier declined to grant urgent relief, and at the present hearing dismissed the plea as infructuous.

Calcutta High Court Grants Bail To Man Imprisoned On Suspicion Of Being Associated With Banned Bangladeshi Terrorist Outfit

Case: ABDUL KALIM @ AZAD @ ABDUL KALAM VS STATE OF WEST BENGAL

Citation: 2024 LiveLaw (Cal) 237

The Calcutta High Court has granted bail to a Bangladeshi national, who was arrested in 2016, on the suspicion of being associated with the banned terrorist organisation Jamaat-ul-Mujahideen Bangladesh (JMB).

A division bench of Justices Joymalya Bagchi and Gaurang Kanth allowed the bail application moved by Abdul Kalim alias Azad.