Calcutta High Court
Criminal Breach Of Trust | Calcutta High Court Refuses To Quash Proceedings Against Tour Operator For Prima Facie Misusing Booking Amounts
The Calcutta High Court’s Circuit Bench at Jalpaiguri has refused to quash criminal proceedings against a tour operator who had been accused of duping his clients by taking large sums of money from them, without utilising the same for their hotel or cab bookings.Complainants, a group of 18 tourists from Maharashtra, alleged that they had booked a package for hotel and cab services with...
9 Hours Time Gap Between The Expiry Of E-Way Bill And Interception Of The Vehicle: Calcutta High Court Directs Refund Of Penalty
The Calcutta High Court has directed the refund of the penalty in the case where there was a 9-hour time gap between the expiry of the e-way bill and the interception of the vehicle.The bench of Justice Md. Nizamuddin observed that there was no intention of the petitioner to evade the payment of tax.The petitioner/assessee challenged the order of the appellate authority under the WBGST...
Calcutta High Court Weekly Round-Up: October 16, 2023 To October 22, 2023
NOMINAL INDEXGovernment of Maharashtra v Shrivin Pharma Pvt. Ltd. 2023 LiveLaw (Cal) 319Manojit Basu vs. Shyamasree Basu (nee Ghosh) 2023 LiveLaw (Cal) 320Dipali Mitra & Ors. V Coal India Limited & Ors. 2023 LiveLaw (Cal) 321Probhat Purkait @ Provat v The State of West Bengal 2023 LiveLaw (Cal) 322MSMED Act | Facilitation Council Must Adjudicate On Interest Component Itself-...
Calcutta High Court Refuses FIR Against Suvendu Adhikari For ‘Spat’ With Police, Says Leader’s Public Use Of Slangs Was ‘In Poor Taste’
The Calcutta High Court has refused a plea for registration of an FIR against BJP Leader of Opposition Suvendu Adhikari under Sections 341 and 353 of the IPC for the offences of criminal use of force to prevent a public servant from discharging his duty and wrongful restraint.Adhikari allegedly had an altercation with the police during protest over an issue, and was found having a spat with...
Absence Of Arbitration Clause In The Main Agreement Is Immaterial When It Specifically Incorporates Another Agreement Containing Arbitration Clause: Calcutta High Court
The High Court of Calcutta has held that absence of arbitration clause in the main agreement is immaterial when it specifically incorporates another agreement containing arbitration clause. The bench of Justice Moushumi Bhattacharya held that Section 7(5) of the A&C Act allows incorporation of the arbitration agreement by reference and a case wherein the main agreement...
If One Letter With The Necessary Stamp Is Part Of The Correspondence Forming The Contract, The Entire Contract Is Considered Duly Stamped: Calcutta High Court
The High Court of Calcutta has held that if one letter with the necessary stamp is part of the correspondence forming the contract, the entire contract is deemed duly stamped. The bench of Justice Moushumi Bhattacharya held that where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and if any one of the letters is properly stamped...
Calcutta High Court Defers Demolition Of Illegal Building Till ‘After Festive Season’ On Humanitarian Grounds, Cites Tenants’ Economic State
The Calcutta High Court has kept in abeyance an order for the demolition of an illegal building under the jurisdiction of Bidhannagar Municipal Corporation (“BMC”). Earlier, the BMC had been directed to demolish the building forthwith.Acknowledging the plight of those who had invested considerable sums of money in acquiring either shops or houses in the building, a single-bench of...
Calcutta High Court Aids Vishva-Bharati University Prof Ousted From CERN Project, Says VC Acting Against University’s Interests Should Be Removed
The Calcutta High Court has provided relief to the Physics Head of Department of Vishva-Bharati University (“petitioner”) who had been initially selected by the University for a research project entitled “ Indian Participation in the CMS experiment at CERN: Maintenance, Operation and Upgradation.”Subsequently, the petitioner had been taken off the project due to a letter signed by the...
Protect Dignity & Self-Worth, Control Sexual Urges By Maintaining Right To Autonomy Of Body And Privacy: Calcutta HC Advises Adolescent Girls
The Calcutta High Court has recently issued a slew of recommendations to adolescent boys and girls in a case concerning the appeal of young boy, who had been sentenced to 20 years in prison for engaging in sexual relations with a his romantic partner, who was a minor.In acquitting the appellant, while recognising that the POCSO Act does not account for consensual, non-exploitative...
No Sexual Flavour In Touching Student’s Shoulder To Restrain Her From Copying In Exam: Calcutta HC Quashes CAT Order Dismissing School Teacher
The Calcutta High Court’s Circuit Bench at Port Blair has quashed orders of the Disciplinary Authority, Appellate Authority and Central Administrative Tribunal (“CAT”), dismissing a middle school teacher (“petitioner”) on an allegation made by a Class 8 student that the petitioner had outraged her modesty in 2009, by physically touching her on her back, which had caused unrest among...
Award Under MSMED, Can’t Challenge In Writ Petition For Not Granting Adjournment Sought: Calcutta High Court
The High Court of Calcutta has held that an arbitration award passed under MSMED Act cannot be challenged in a writ petition merely on the ground that the petitioner’s request for adjournment was refused by the arbitrator. The bench of Sabyasachi Bhattacharyya held that a party aggrieved by an award passed under MSMED Act has to challenge it under Section 34 of the A&C Act...
Must Be Wary Of Unnecessary Judicial Interference At Every Stage Of Arbitral Process: Calcutta HC Upholds Arbitral Award In Favor Of Reliance Infra
In a landmark 255-page judgement, the Calcutta High Court has upheld an arbitral award in favor of Reliance Infrastructure (“RIL”), arising out of a deal struck with the Damodar Valley Corporation (“DVC”) for construction of thermal power plants in Raghunathpur.In upholding the award passed by a panel of three arbitrators, a single-bench of Justice Shekhar B Saraf noted that India is...