Consumer Forums Not Legally Authorised To Issue Arrest Warrants: Calcutta High Court

The Calcutta High Court has held that consumer forums, in exercise of their powers under the Consumer Protection Act, are not authorised to issue arrest warrants while imposing penalties under Sections 71 or 72 of the act. Justice Suvra Ghosh held: Section 72 of the Act envisages penalty for non-compliance of the order of the District Commission, State Commission or National Commission, as...

Clause Empowering Contract Signatories To Resolve Disputes Does Not Constitute A Valid Arbitration Agreement Due To Lack Of Impartiality: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that merely because a dispute resolution mechanism is provided in a clause empowering the signatories to the contract to resolve the dispute, it cannot be inferred that the parties intended to refer the dispute to arbitration. Such a clause amounts to an in-house mechanism and not a reference to an impartial arbitral tribunal, especially when impartiality is clearly lacking as the very individuals who signed the contract are...

Calcutta High Court Allows 'Anjani Putra Sena' To Carry Out 'Shobha Yatra' On Ram Navami, Caps Attendance At 500

The Calcutta High Court has allowed a plea by the Anjani Putra Sena, seeking to carry out a 'Shobha Yatra Utsav' on the occasion of Ram Navami in Kolkata.Justice Tirthankar Ghosh allowed the plea after imposing a slew of conditions on the organisers, including capping the attendance of the rally at 500 and on the timings of the rally.The petitioner, 'Anjani Putra Sena' is a trust under the...

'Let's All Unite': Calcutta HC Chief Justice Writes To Bar Bodies After Their Refusal To Attend Swearing-In Of Justice Dinesh Kumar Sharma

Calcutta High Court Chief Justice TS Sivagnanam has written to lawyer members of the High Court's various Bar bodies after they had refused to participate in the swearing-in ceremony of Justice Dinesh Kumar Sharma who had been transferred to the Calcutta High Court from the Delhi High Court. The heads of the various bodies had also written to the Chief Justice of India to reconsider the...

Merely Because Either Parent Is Non-Tribal, Child Cannot Be Denied Scheduled Tribe Certificate: Calcutta High Court

The Calcutta High Court's circuit bench at Port Blair has come to the aid of a NEET candidate who had not been issued a scheduled tribe certificate for the upcoming entrance examinations, even after being considered eligible for an ST certificate by the authorities.Justice Aniruddha Roy held: The law on the subject prescribe that several factual factors are required to be considered to...

Arbitration Clause Contained In Incomplete Memorandum Of Understanding Cannot Form Basis For Arbitration Proceedings: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that an arbitration clause in a memorandum of understanding that was not finalized, as indicated by the correspondences between the parties, cannot serve as the basis for initiating arbitration proceedings. Brief Facts: In October 2020, the Respondent approached the petitioner and they reached an oral agreement with...

'CCTV Shows Assault By Police, Harsh Steps Must Be Taken': Calcutta HC Orally Remarks In Plea By Students Who Were Allegedly Beaten In Custody

In a matter concerning the brutal assault meted out to protesting female students from a university in North Bengal at a Women's Police Station, the Calcutta High Court has expressed its concerns regarding the way the police station had been functioning.While addressing the Advocate General, Justice Tirthankar Ghosh orally remarked, "I am expressing my mind...that police station is not well....

Directions For Refund Of Consideration With Interest Must Be Considered Based On Conduct Of Parties During Arbitral Proceedings: Calcutta HC

The Calcutta High Court has held that in arbitral proceedings, the direction for refund of the deposited consideration amount with interest has to be considered in the background of the conduct of the parties and their admissions during the proceedings.A division bench of Justices Soumen Sen and Biswaroop Chowdury held:The learned arbitrator rejected the claim for specific performance of...

Court Can Decline To Refer Dispute To Arbitration When Time-Barred Claim Is Evident From Record: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that when a claim is ex facie time-barred and no trial is needed to determine whether it is barred by limitation, the referral court can refuse to refer the matter to arbitration under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Brief Facts: This application has been filed under section...

Composite Reference Of Disputes From Distinct Purchase Orders To Arbitration Is Valid When Parties' Conduct Indicates Single Transaction: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that a composite reference of disputes to arbitration arising out of distinct purchase and service orders can be made when the conduct of the parties demonstrates that they were all part of a single business transaction. Brief Facts: The petitioner was engaged as an agent-cum-sub-contractor by the respondent,...

Central Govt Clears Transfer Of Justice Dinesh Kumar Sharma From Delhi HC To Calcutta HC

The central government has notified the transfer of Justice Dinesh Kumar Sharma from the Delhi High Court to the Calcutta High Court.Earlier, the Supreme Court Collegium had recommended the transfer of Justice Sharma to the Calcutta High Court.Justice Sharma was elevated from the Delhi Higher Judicial Service to the Delhi High Court in February 2022....

Calcutta HC Raps PWD, SAI For 'Passing The Buck', Says Tender Issuing Authority Has Primary Responsibility To Clear Contractor's Dues

The Calcutta High Court has made it clear that when work completion certificate is issued in favour of a contractor, the tender issuing authority cannot withhold his payment citing delay by the body, which actually required the work to be done, in releasing payment for onward transmission to the contractor.While dealing with a case whereby synthetic athletic track was relayed at the...