Calcutta High Court
Court May Permit Award-Holder To Withdraw Security Deposited By Award-Debtor Pending Challenge To Arbitral Award U/S 34: Calcutta High Court
The Calcutta High Court has recently allowed an application filed by the State of West Bengal, as an award-holder in AP 808 of 2022, under the Arbitration and Conciliation Act, 1996 (“1996 Act”) to withdraw a security of Rs 9 crore furnished by BBM Enterprises (“award debtor”) in lieu of the arbitral award, during the pendency of setting aside proceedings on the impugned award,...
Passport | Police Verification Only To Ascertain Genuineness Of Documents, Applicant Cannot Suffer Indefinitely For Its Inaction: Calcutta High Court
The Calcutta High Court has held that during the ‘police verification’ process for the issuance of passport, the responsibility of the police is limited to ascertaining the genuineness of documents produced for verification by the applicant, and that the applicant should not be made to suffer indefinitely for inaction by the police authorities. In allowing a writ-petition, directing...
Continuous Drum Beating Impermissible, No Religious Tenet Says You Do This: Calcutta High Court Issues Directions Ahead Of Muharram
Ahead of Muharram , the Calcutta High Court on Wednesday issued directions to the West Bengal Police and the State's Pollution Control Board to regulate instances of public nuisance caused by alleged drum-beating and open-air kitchens.A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya said the State ought to counterbalance the right to enjoyment of religion...
Can't Order Further Investigation For Second Time If Relevant Materials Already On Record: Calcutta High Court
The Calcutta High Court on Wednesday dismissed the revision petition filed by film director Somnath Gupta against Sessions Court order dismissing his prayer for second further investigation into alleged ‘piracy’ of his film “O-Kay…? At Night in the Forest”.The criminal case was registered in 2015 under various provisions of the IPC and the Indian Copyright Act, 1957. Gupta claimed...
Calcutta HC Orders Suspension Of IO, Inspector-In-Charge For Making Arrest In POCSO Case Without Material, Disclosing Victim's Identity
The Calcutta High Court on Tuesday directed the Commissioner of Police, Bidhannagar, to suspend the Inspector-in-charge and Investigating Officer in a POCSO case, while expressing serious objections over the ‘appalling lack of awareness’ regarding investigation procedure.A division bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta held:“The police officers concerned appear...
Calcutta High Court Refuses To Quash POCSO FIR Against ‘Priest’ Grand-Uncle, Says No Time Limit Can Be Prescribed For Filing Such Complaints
The Calcutta High Court has refused to quash the criminal proceedings under the Protection of Children from Sexual Offences Act (“POCSO Act”) initiated by a minor girl against her grand-uncle, a priest, accusing him of committing various acts of sexual assault upon her, when she was 15-16 years old. In refuting the contentions raised by the petitioners, including the delay in filing of FIR,...
Calcutta High Court Directs Pollution Control Board To Conduct Surprise Inspection On Rice Mills Allegedly Discharging Toxic Effluents
The Calcutta High Court on Tuesday directed the West Bengal Pollution Control Board (“PCB”), to carry out surprise inspections on certain rice-mills in Arambagh allegedly discharging toxic effluents into a kuchha ‘drain’ along the side of a busy National Highway. Upon noting that the PCB had previously ordered the closure of the aforesaid rice mills due to their illegal and...
Teacher Recruitment Scam: Calcutta High Court Judge Withdraws From Hearing Abhishek Banerjee's Plea After ED's Objection
Update: Chief Justice TS Sivagnanam re-assigned the matter to bench of Justice Tirthankar Ghosh.Justice Tirthankar Ghosh of the Calcutta High Court on Monday released a quashing petition moved by AITC MP Abhishek Banerjee in connection with the West Bengal Teachers Recruitment “cash-for-jobs” scam.The development comes after ED objected to his court hearing the matter. ASG SV Raju...
Calcutta High Court Criticizes "Indefinite" Ban On Bidder Pending Criminal Trial
The Calcutta High Court on Monday allowed a writ petition for the lifting of a ban imposed on Auroma Coke Ltd (“petitioners”) from taking part in the Non-regulated Sector (“NRS”) Linkage auctions organised by Coal India Limited (“CIL”). The petitioners were blacklisted by CIL in the year 2011 upon a communication by the Central Bureau of Investigation (“CBI”) regarding...
Calcutta High Court Directs Police To Escort Poll Violence Victims Back To Their Homes
Those who were molested and assaulted shall be provided escort by the local police to go back to their home, the Calcutta High Court directed on Monday in the aftermath of post poll violence in West Bengal.A division-bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya further directed that complaints, if already registered, must be investigated and the Police...
Calcutta High Court Weekly Round-Up: July 17 To July 23, 2023
NOMINAL INDEXDipu Bar and Ors. Vs Union Of India and Ors. 2023 LiveLaw (Cal) 186Smt. Shanta Paul v The State Of West Bengal And Others 2023 LiveLaw (Cal) 187Dhirarastra Dutta Vs State of West Bengal and Ors. 2023 LiveLaw (Cal) 188Srei Equipment Finance Limited v. Seirra Infraventure Private Limited 2023 LiveLaw (Cal) 189State of West Bengal & Ors. v. Asit Das & Ors. &...
Hearing Of Interim Application U/S 9(1) Arbitration Act Not Barred By Constitution Of Arbitral Tribunal If Court Has Already ‘Entertained’ It: Calcutta HC
The Calcutta High Court has recently held that that the power of a Court to continue hearing an application for interim relief under Section 9(1) of the Arbitration and Conciliation Act, 1996, (“1996 Act”) would not be “fettered” under Section 9(3) after the constitution of an arbitral tribunal, if the court has already entertained the application.A single-judge bench of Justice...