Limitation Not “Extinguishing Engine' For Substantive Rights: Calcutta High Court Condones 2262 Day Delay In Filing Appeal

The Calcutta High Court held that the law of limitation is not meant to extinguish substantive rights and must be applied with a liberal approach where delay is caused by bona fide conduct. The bench condoned the delay of 2262 days in filing the CESTAT appeal, holding that the assessee's bona fide pursuit of settlement under the Sabka Vishwas (Legacy Dispute Resolution) Scheme,...

Disputes Over Oppressive Extraordinary General Meetings Lie Outside Civil Courts: Calcutta High Court

The Calcutta High Court has held that disputes alleging oppression of a member through an Extraordinary General Meeting are company law disputes that fall squarely within the jurisdiction of the National Company Law Tribunal. The court reiterated that these disputes cannot be examined by a civil court. Bhaskar Gupta, a long-standing member of Calcutta Club Ltd for over four decades and a...

Arbitration Petition Seeking Stay Of Eviction Over Immovable Property Is “Suit For Land”; Outside Jurisdiction Of Original Side: Calcutta HC

The Calcutta High Court has held that a petition filed under Section 9 of the Arbitration Act, seeking a stay on eviction notice in respect of immovable property would amount to a suit for land and is not maintainable if the property is situated outside the territorial jurisdiction of the court's original side. The court said proceedings which directly impact possession of land cannot...

Award Liable To Be Set Aside If Arbitral Tribunal Rewrites Contract Or Ignores Determinative Clauses: Calcutta High Court

The Calcutta High Court has recently held that an arbitral tribunal does not have the authority to rewrite the terms of a contract, ignore its determinative clauses on notions of equity, fairness or public law principles. It said if the tribunal travels beyond the contract itself, it amounts to a jurisdictional transgression, rendering the award illegal. “An Arbitral Tribunal does...

Arbitration Clause In Expired Lease Cannot Be Invoked In Dispute Over Alleged Fresh Contract: Calcutta High Court Dismisses HDFC's Plea

The Calcutta High Court has held that once a lease stands expired, disputes arising out of an alleged fresh or independent contract cannot be referred to arbitration by relying on an arbitration clause contained in the expired lease deed.Justice Aniruddha Roy, while dismissing an application filed by HDFC Bank Limited under Section 8 of the Arbitration and Conciliation Act, 1996, held that...

'Strong Prima Facie Case': Calcutta High Court Flags Unfair Exclusion Of IndiaMART By ChatGPT, Defers Interim Relief Pending OpenAI Hearing

The Calcutta High Court has held that IndiaMART has made out a strong prima facie case of selective discrimination after being allegedly excluded from ChatGPT-generated search results, but declined to grant ad-interim relief on the ground that such an order would virtually amount to granting final relief without hearing OpenAI and the other respondents.Justice Ravi Krishan Kapur, sitting in...

Provisions Of SC/ST Act Not Attracted When Alleged Abuse Is Hurled Over Phone: Calcutta High Court

The Calcutta High Court has observed that where caste-based abuses are allegedly hurled over the telephone and not in public view, the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would not be prima facie attracted, rendering an application for anticipatory bail under the special statute not maintainable.The observation was made by Justice Jay...

Employers Can Withhold Gratuity For Loss Caused By Employee; Disciplinary Rules To Prevail Over Gratuity Act: Calcutta High Court

A Division Bench of the Calcutta High Court comprising Justice Lanusungkum Jamir and Justice Rai Chattopadhyay held that the Payment of Gratuity Act, 1972 does not override disciplinary rules allowing withholding or forfeiture of gratuity for pecuniary loss caused by employee negligence. Background Facts The respondent was a Presidential appointee to the Board of Directors of the...

Arbitration Clause In Expired Lease Cannot Be Invoked To Execute Fresh Lease: Calcutta High Court

The Calcutta High Court has recently held that an arbitration agreement in an expired lease deed cannot be automatically extended to govern disputes relating to the execution of a fresh lease, even if the proposed lease is claimed to arise from prior correspondence between the parties. Justice Aniruddha Roy in an order dated 23 December, 2025, dismissed an application filed by HDFC...

Calcutta High Court Temporarily Bars Use of 'Liv.72' Mark Over Similarity With Himalaya's Liv.52

The Calcutta High Court on Tuesday temporarily restrained Shimla Drugs Health Care Pvt. Ltd. and its associate from using the mark “Liv.72” for a health product, holding that it is deceptively similar to Himalaya Global Holdings Ltd.'s well-known liver health product “Liv.52.” A single bench of Justice Ravi Krishan Kapur observed that the long-standing trademark and packaging...

Calcutta High Court Refuses To Interfere With Probe Into Fiasco At Messi In Kolkata Event, Says SIT & Enquiry Panel Can Continue

The Calcutta High Court on Monday refused interim relief in three PILs arising out of the chaotic Lionel Messi event at Salt Lake Stadium on December 13, 2025. Petitioners, including Suvendu Adhikari, sought transfer of the investigation to an independent/central agency, alleging ticket profiteering, misuse of State machinery, and political shielding.A Bench of Acting Chief Justice Sujoy Paul...

IBC Resolution Doesn't Extinguish Statutory Claims Left Open By NCLT: Calcutta High Court

The Calcutta High Court has clarified that approval of a resolution plan under insolvency law does not wipe out claims that were specifically excluded and left open by the tribunal at the time of approval.A Division Bench of Justices Madhuresh Prasad and Supratim Bhattacharya, in an order dated December 8, 2025, dismissed an appeal filed by S.S. Natural Resources Pvt Ltd and upheld a demand...