Calcutta High Court
Balance Public Interest With Sustainability: Calcutta High Court Refuses Permission To Uproot Trees For Metro Rail Construction
The Calcutta High Court has recently refused to pass any orders allowing the Rail Vikas Nigam Limited (“RVNL”) to uproot in excess of 700 trees in Kolkata’s Maidan area for construction of a new metro railway line.In refusing to vacate an earlier order of a co-ordinate vacation bench preventing the uprooting of trees, a division bench of Chief Justice TS Sivagnanam and Justice...
‘Will Aid Judicial & Administrative Functioning’: Calcutta HC Announces 1000 Laptops For Judicial Officers Of WB, Andaman & Nicobar
The Calcutta High Court hosted a programme for the distribution of 1000 new laptops to the judicial officers of West Bengal and the Andaman and Nicobar Islands. The ceremony was presided over by Chief Justice TS Sivagnanam, who was joined by members of the High Court Computer Committee, Justice Tapabrata Chakroborty, Justice Moushumi Bhattacharya and Justice Debangshu Basak.Chief...
Calcutta HC Sets Aside Bank’s Complaint Against Alleged ‘Wilful Defaulter,’ Says Arbitrariness Infringes Individual’s Right To Equality
The Calcutta High Court has set aside a complaint lodged by Punjab National Bank (“PNB”) against the petitioner, requesting the CBI to register an FIR against the petitioner on basis of the complaint due to the petitioner being allegedly construed as a “wilful defaulter” under the Master Circular on Wilful Defaulters issued by the Reserve Bank of India (RBI) in 2015.Petitioner...
All-Time High Unemployment Due To Hurdles Created By ‘Petty Technicalities’ & Misuse Of Discretionary Powers: Calcutta HC
The Calcutta High Court has recently observed that the lack of efficient mechanisms in providing employment to youth, has led to a large percentage of the country’s population being unemployed.Court was dealing with challenges against the action of the Additional District Inspector of Schools (SE), Purba Medinapur in the recruitment process to hire one clerk and two laboratory attendants,...
Family Of Person Who Died In Police Custody Approach Calcutta HC For Video-Graphed Post Mortem, Allege Custodial Torture
The Calcutta High Court on Thursday heard mentioning of a plea by an advocate, alleging foul play in the custodial death of a man who was called for questioning by the Kolkata Police, to Amherst Street Police Station, yesterday.A division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya were told that within a few hours of the man being called for questioning, his family...
West Bengal’s Advocate General Soumendra Nath Mookherjee Resigns From Office
West Bengal’s Advocate General (“AG”) SN Mookerjee resigned from his office, yesterday on 10th November. In a letter addressed to the Governor of West Bengal, CV Ananda Bose, Mookherjee tendered his resignation, but refused to assign any specific reasons for the same.Mookherjee, who hails from a family of lawyers, had been appointed as AG on 15th September 2021, in wake of the 2021...
NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions
The Calcutta High Court has recently suspended the convictions and 15-year prison sentences of four persons under the Narcotic Drugs & Psychotropic Substances Act (“NDPS Act”), for the alleged possession of commercial quantities of cannabis.In allowing the application for suspension of sentence and bail under Section 389(1) of the CrPC, pending the disposal of the final appeal, a...
Calcutta High Court Grants Bail To NDPS Accused, Says No Reason To Obligate Them To Rigors Of S.37 In Absence Of Forensic Report
A Calcutta High Court vacation bench comprising Justices Sabyasachi Bhattacharya and Partha Sarathi Chatterjee have granted bail to the petitioners who had been accused under the NDPS Act, upon noting that the rigors of Section 37 of the NDPS Act which requires a Court to only grant bail if there are reasonable grounds to believe the accused are not guilty and will not reoffend, would not...
No ‘Contra-Indicia’ To Un-Seat Venue: Calcutta High Court Reiterates The Law On Seat & Venue In Arbitral Proceedings.
The Calcutta High Court has held that the venue for arbitration, as decided by the parties under their contractual agreement would automatically be the seat for arbitration, in the absence of any ‘contra-indicia.’In rejecting jurisdictional objections on its competence to entertain an application under Section 34 of the Arbitration & Conciliation Act, 1996 (“A & C Act”)...
'He Intends To Abuse, Show Red Eyes To Court': Calcutta High Court Imposes ₹50K Cost On An Advocate
Taking a stern stance against an advocate who intended to show ‘red eyes’ and also abuse the court, the Calcutta High Court recently imposed a cost of Rs. 50,000/- on him. This decision came from a Single Judge while dealing with a writ appeal. In its order, the Court, perusing an earlier order in the matter (dated 16th October 2023), noted that Justice Bibek Chaudhuri had held...
Security For Maritime Claim Must Be Supported By Evidence, Should Not Be Harsh & Oppressive: Calcutta High Court
The Calcutta High Court has allowed a plea for revision of security payable by “MT TSM Pollux” a Liberian vessel which had allegedly damaged a significant portion of a Haldia Oil Jetty.Earlier, a co-ordinate bench had directed for the vessel to be “arrested” conditionally, pending the payment of security to the tune of approx. Rs 88 crores.In allowing the plea for revision of security...
Ex-Parte Decision In Matrimonial Suits Unjust; Has Social, Financial & ‘Strong Emotional Impact’: Calcutta High Court
The Calcutta High Court has dismissed a revision application in against the orders of the trial court in a matrimonial suit, which allowed the wife/respondent adjournments and opportunities to file her written statement.It was contended by the petitioner that the trial court could not have passed orders extending the time for filing written statements for the wife, since no formal application...