Calcutta High Court
Company Taking Calculated Business Risk Cannot Challenge Root Of Contract Merely Due To Change In Tax Laws: Calcutta HC Denies GST Refund
The Calcutta High Court has recently dismissed writ petitions by M/s Kayal Construction, which had been awarded tenders floated by the state government, on the condition that the petitioner would bear expenses for all the taxes/cess payable.Petitioners contended that the rates for the taxes/cess payable had been specified in the terms of contract, and that due to the subsequent implementation...
WB Panchayat Polls: High Court Grants Additional Time To SEC Head Rajiva Sinha To Respond To Contempt Rule
The Calcutta High Court on Friday granted additional time to West Bengal Chief Election Commissioner Rajiva Sinha, to respond to the contempt rule issued against him in October this year. The contempt rule was issued against Sinha and the SEC for alleged violation of Court orders pertaining to the deployment of central forces during the Panchayat polls, which led to large-scale violence and...
Rallies Are A 'Regular Feature' In Bengal: High Court Dismisses State's Appeal Against BJP Rally In Kolkata
The Calcutta High Court on Friday dismissed an appeal preferred by the West Bengal government against the order of a single-bench which permitting BJP rally near Victoria House in Kolkata on the 29th of November. Earlier, a single bench of Justice Rajasekhar Mantha had allowed the rally upon taking exception to non-application of mind shown through the "computerised rejections" by the...
Calcutta HC Sets Aside 33 Yrs Old Conviction Under Essential Commodities Act, Says No Mens Rea In Omitting License Number From Shop’s Cash Memo
The Calcutta High Court recently acquitted an individual who, in 1990, was found guilty by the trial court under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (“EC Act”) for violation of the WB Cloth and Yarn Order 1960, and sentenced to undergo imprisonment for one month along with fine. In holding that the trial judge had erred in appreciating the guidelines framed by...
IIT KGP Student Death: SIT To Interrogate Students After Exams, Calcutta High Court Told
The Special Investigation Team, probing the death of a student under allegedly suspicious circumstances at IIT Kharagpur which occurred in October 2022, has informed the Calcutta High Court that one of the reasons why the investigation is still pending is that they are yet to interrogate the students of the Institute.Before a single-bench of Justice Jay Sengupta, the Investigating agency...
MSMED Act Does Not Prevent Interim Relief Under Section 9 Of The A&C Act, Before Approaching Facilitation Council : Calcutta High Court
The Calcutta High Court has held that MSMED Act does not prevent a party from seeking an interim relief under Section 9 of the A&C Act anytime before approaching the Facilitation Council. The bench of Justice Sabyasachi Bhattacharyya held that the reference of dispute to facilitation council cannot be refused merely on the ground that before making such a reference under Section...
Writ Petition Not Maintainable, Exists Arbitration Clause To Look Into Disputed Facts: Calcutta High Court
The High Court of Calcutta has held that a writ petition would not be maintainable due to an alternative remedy in the form of arbitration when the petition involves disputed questions of facts that requires detailed assessment. The bench of Justice Sabyasachi Bhattacharya held that availability of alternative remedy is not always a bar to the maintainability of the...
Calcutta High Court Dismisses Plea Challenging WB Medical Council Appointments, Says No Gross Illegality In Nomination Process
The Calcutta High Court has recently dismissed a plea which challenged appointments to the West Bengal Medical Council (“WBMC”), and sought for dissolution of the entire Council.A single-bench of Justice Sabyasachi Bhattacharya noted that while the plea pertained to dissolution of the entire council, arguments and pleadings had only been advanced against the election of the President and...
Arbitration Clause Contained In The Tax Invoice Is Binding When The Terms And Conditions Of The Invoice Were Accepted And Acted Upon: Calcutta High Court
The High Court of Calcutta has held that an arbitration clause contained in a tax invoice would be binding on the parties when the terms and conditions contained therein were accepted and acted upon by the parties. The bench of Justice Shekhar B. Saraf held that when a party accepts an invoice incorporating a clearly visible arbitration clause and subsequently acts in accordance with...
Exclusive Jurisdiction Clause Takes Precedence Over Generic Jurisdiction Clause In Another Agreement Between The Parties: Calcutta High Court
The High Court of Calcutta has held that an exclusive jurisdiction clause within the arbitration agreement would override a generic jurisdiction clause contained in another agreement between the parties. The bench of Justice Shekhar B. Saraf held that the moment an arbitration clause confers exclusive jurisdiction on the Court at a particular place or the seat of arbitration...
Calcutta High Court Reprimands Kolkata Police For ‘Computerised Rejection’ Of BJP Rally Permission
The Calcutta High Court has recently reprimanded the Kolkata Police authorities for denying permission to the Bharatiya Janata Party (“BJP”) from holding a rally within Kolkata on two separate occasions, through “auto-generated e-mail communications.”Petitioners contended that their initial application had been rejected through an auto-generated email stipulating that they had not...
48 Yrs After Emergency, Transfer Of 24 HC Judges In One Go Marks Power Shift From Executive To Judiciary: Justice Bibek Chaudhuri On Transfer To Patna
“In 1975, during Emergency, 16 High Court judges were transferred by the Executive in one go, after almost 48 years, 24 High Court judges have been transferred by the SC Collegium in one go. I am one of the beginners in the shifting of power from the Executive to the Judiciary," Justice Bibek Chaudhuri said in a ‘farewell’ ceremony hosted by the Calcutta High Court upon his transfer...