Calcutta High Court
Calcutta High Court Quashes Husband's Criminal Complaint, Says Wife Can’t Be Stopped From Residing With Visually Challenged Mother
The Calcutta High Court has quashed a criminal intimidation complaint lodged by a man against his wife, alleging that she drove him out of her parental home where they used to reside and also beat him up. The woman had been residing with her visually impaired mother which happens to be in proximity with her workplace. The Court weighed in factors like she is the sole bread winner and that...
Calcutta HC Invokes Writ Jurisdiction To Appoint Son As Guardian Of Comatose Father, Points Lacuna In Law But Protects Patient's Right To Life
The Calcutta High Court has appointed Vishal Osatwal as the guardian and legal representative of his father, Rajesh Kr Osatwal who had been in a prolonged comatose state, being incapable to participating in his day-to-day activities or communicating with other people. The petitioner had submitted that he had been taking care of his father for a prolonged period, and prayed to be recognised as...
Calcutta High Court Grants Relief To 76 Class X Students Admitted To De-Affiliated School, Allows Them To Write ICSE Board Exams
The Calcutta High Court has directed the Council for the Indian School Certificate Examinations (CISCE) to allow 76 Class X students of St Augustine’s Day School Calcutta to write their 2024 ICSE Class 10 board examination from any other Council affiliated-school. On an earlier occasion, single-bench of Justice Biswajit Basu had taken serious exception to the school’s actions of...
Aadhar Deactivation May Have De Facto Consequence Of Terminating Citizenship: Calcutta HC Grants Interim Relief To Suspect ‘Bangladeshi’ Family
The Calcutta High Court has extended interim relief to a woman and her family members whose Aadhar cards were suspended by the Ministry of Home Affairs on alleged grounds of them being ‘Bangladeshi Nationals.’In noting that the petitioners had made a strong prima facie case for the Court’s interference and that the Union authorities had not followed statutory process while depriving...
Court Exercising Powers Under Section 9 Of A&C Act Is Not Bound To Strictly Follow Provisions Of Order XXXVIII Rule 5 Of CPC: Calcutta High Court
The High Court of Calcutta has held that the Court exercising powers under Section 9 of the A&C Act is not strictly bound by the provisions of interim relief contained under Code of Civil Procedure, 1908. The bench of Justice Moushumi Bhattarcharya held that unlike O. XXXVIII R. 5 of CPC wherein the party seeking relief has to discharge the onus of showing that the other party...
Party Eligible For Interim Protection U/S 9(1) Arbitration & Conciliation Act, Regressive To Relegate To CPC Procedure: Calcutta High Court
The Calcutta High Court has recently allowed applications for appointment of arbitrator u/s 11 and for interim protection u/s 9(1) of the Arbitration & Conciliation Act, 1996 (“Act”) by Prathyusha- AMR, a Joint Venture. In allowing the plea for appointment of an arbitrator u/s 11 of the Act, a single-bench of Justice Moushumi Bhattacharya noted that “a turning point” in...
Calcutta High Court Allows Vishwa Hindu Parishad, Bajrang Dal To Hold Rally For Freedom Fighters, Spread Awareness About Hinduism
The Calcutta High Court has allowed the pleas filed by representatives of the Vishwa Hindu Parishad (VHP) and the Bajrang Dal to hold a "Shourya Jagran Yatra”, which would enlighten the people of West Bengal about the sacrifices made by the freedom fighters.On an earlier occasion, a single-bench of Justice Jay Sengputa had directed the petitioners to file a supplementary affidavit...
Calcutta High Court Monthly Digest: September 2023
Citations: 2023 LiveLaw (Cal) 259 To 2023 LiveLaw (Cal) 303NOMINAL INDEXSarat Chatterjee and Co. (VSP) Private Limited v Sri Munisubrata Agri International Limited (Formerly known as LMJ International Ltd.) and Anr. 2023 LiveLaw (Cal) 259Birendra Nath Mondal Vs State Of West Bengal And Ors 2023 LiveLaw (Cal) 260Zainul Haque v State of WB & Ors 2023 LiveLaw (Cal) 261Abhijit Das Vs. State...
Calcutta High Court Weekly Round-Up: September 25 To October 1, 2023
NOMINAL INDEXSuman Dutta And Ors Vs State Of West Bengal And Ors. 2023 LiveLaw (Cal) 293St. Mary’s Technological Foundation and Another Vs. The West Bengal State Electricity Transmission Company Limited and Others 2023 LiveLaw (Cal) 294Ankita Saha & Anr. V The State of West Bengal & Ors. 2023 LiveLaw (Cal) 295Bijoy Kumar Banik and another vs State of West Bengal and others 2023...
Pre-Bid Forfeiture | Auction Authority Can't Claim Damages On "Guesstimates", Amount Must Be Established With Reasonable Certainty: Calcutta HC
The Calcutta High Court has recently held that damages being claimed by a party, must satisfy the threshold of credibility, and not be mere “guesstimates” made without legal basis. Petitioner was aggrieved by the decision of National Jute Manufactures Corporation Limited (“NJMC/respondent no 1”) to forfeit the pre-bid earnest money deposited by the petitioner in response to a call...
Contempt: Calcutta HC Refuses To Issue Ex Parte ‘Rule’ Against SEC Over Delay In Deploying Central Forces During Panchayat Polls
The Calcutta High Court on Friday refrained from issuing ex parte rule against the West Bengal government and State Election Commission in contempt proceedings arising out of alleged violation of Court’s orders pertaining to the deployment of central forces, et. al in the recently concluded Panchayat Elections. Senior Advocate Guru Krishna Kumar appearing for the contempt applicants...
Calcutta High Court Removes ED Officer From Investigation Into Recruitment Scam Case, Asks Agency To Not Engage Him In Any Case Arising In Bengal
The Calcutta High Court on Friday directed the Enforcement Directorate (“ED”) to remove Assistant Director Mithilesh Kumar Mishra, investigating the Primary Teacher Recruitment Scam in West Bengal, from the investigation, and for him to be reassigned on other matters, not arising within the State. Earlier, a single-bench of Justice Amrita Sinha had expressed displeasure at the...