Calcutta High Court
Tender Process By Public Undertaking Must Be Transparent To Ensure Best Competitor Is Chosen: Calcutta High Court
The Calcutta High Court has observed that to ensure that the best competitor is chosen, the process of selection adopted by a public undertaking is required to be transparent.A single-judge bench of Justice Sabyasachi Bhattacharya observed thus set aside the rejection of tender submitted by petitioners Texmaco Rail & Engineering Ltd., on the grounds that such a rejection by...
Finding Of The Tribunal Regarding The Existence Of The Arbitration Agreement Should Not Be Interfered With Unless It Is Manifestly Clear That There Was No Agreement: Calcutta High Court
The High Court of Calcutta has held the Courts, while exercising powers under Section 48 of the A&C Act, cannot re-appreciate the evidence or substitute its view with that of the arbitral tribunal. It reiterated that the scope of judicial interference at the stage of enforcement of foreign award is limited to the grounds mentioned under Section 48 and the court is only required to...
Calcutta High Court Weekly Round-Up: July 02 To July 09
NOMINAL INDEXThe New India Assurance Co. Ltd. v Winsome International Ltd. 2023 LiveLaw (Cal) 180State Of West Bengal And Ors. Vs Sirajul Islam Gharami And Ors. 2023 LiveLaw (Cal) 181National Human Rights Commission and Ors v The State of West Bengal 2023 LiveLaw (Cal) 182Vikas Kumar Bajoria & Anr. Vs The State of West Bengal & Anr 2023 LiveLaw (Cal) 1831. MSMED Act | Defaulting...
MSMED Act | Defaulting Buyer Not Liable To Pay Interest At 3 Times Bank Rate If Supplier Is A Medium Enterprise: Calcutta High Court
The Calcutta High Court has ruled that where the supplier is a “medium enterprise” under Section 16 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), the rate of interest levied on the arbitral award would be at the bank rate notified by the RBI, and not three-times of such rate, as would have been the case if it were a Micro, or Small enterprise under Section...
No Case Of Tax Evasion Made Out As Goods Meant For Export Were Taken Back To The Factory For Repairs: Calcutta High Court
The Calcutta High Court has held that no case of tax evasion was made out as goods meant for export were taken back to the factory for repairs.The bench of Chief Justice T. S. Sivagnanam and Justice Uday Kumar has observed that as per the e-Way Bill, no tax was payable since the goods, which were owned by the appellants, were taken back to their factory at Ranchi for repairs. The goods...
Apprehension Of Post-Poll Violence Can't Be Brushed Aside: Calcutta HC Directs Central Forces To Remain In WB After Panchayat Election Results
The Calcutta High Court on Thursday passed a direction for central armed forces to remain in the State for a period of ten days after declaration of results in the West Bengal Panchayat Elections 2023, on the 12th of July. Upon noting the submissions advanced by Senior Advocate Guru Krishna Kumar for the applicant, highlighting the previous incidents of post-poll violence in West Bengal,...
Calcutta High Court Commences Live-Streaming From Circuit Bench At Jalpaiguri; Total Live-Streamed Courts Up To 23, Highest In The Country
The Calcutta High Court on Thursday commenced live-streaming of court proceedings from its Circuit Bench at Jalpaiguri. The commencement ceremony was presided over by Chief Justice T.S. Sivagnanam who expressed his pride and joy in noting that after the commencement of live-streaming proceedings from the four Benches at Jalpaiguri, the total number of live-streamed Courts at Calcutta High...
Calcutta High Court Refuses To Quash Criminal Proceedings Against Parties Accused Of Outraging Modesty Of A Scheduled Caste Woman
The Calcutta High Court on Wednesday dismissed a revision application to quash criminal proceedings against the petitioners, who were charged under various sections of the IPC and Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989, for outraging the modesty of a woman belonging to a scheduled caste community. In holding that the case must proceed to trial since a...
Panchayat Elections: Calcutta High Court Dismisses NHRC's Appeal For Appointment Of “Human Rights Observers”
The Calcutta High Court has dismissed the appeal preferred by the National Human Rights Commission (NHRC) against a single-judge’s order which set aside appointment of observers and other related directions issued by the Commission “to protect human rights” in the course of the 2023 Panchayat Elections, on the basis of a media reports on wide-spread violence.In dismissing the appeal,...
Calcutta High Court Criticizes Party For Invoking Writ Jurisdiction For Registration Of FIR Against Police Officials Over Alleged Violence
The Calcutta High Court on Tuesday set aside a single-judge order directing registration of FIR against certain police officials of Baruipur district for alleged violence, while exercising writ jurisdiction under Article 226 of the Constitution.Questioning the perpetual practise of approaching the High Court under Writ Jurisdiction when there are alternate remedies available under other...
Panchayat Elections: Calcutta High Court Reserves Judgement In Appeal Challenging Single-Judge Order Against NHRC's Observers
The Calcutta High Court has reserved its judgment in an appeal preferred by the National Human Rights Commission (NHRC), against a single bench order which set aside appointment of observers and other related directions issued by the Commission “to protect human rights” in the course of the 2023 Panchayat Elections. The matter was heard by a division bench of Chief Justice T.S. Sivagnanam...
Law Is Not A Profession, It Is A Calling: Justice Subrata Talukdar Bids Farewell To Calcutta High Court
The Calcutta High Court on Monday held a full-court reference to bid farewell to Justice Subrata Talukdar on the occasion of his retirement. Justice Talukdar was elevated from the Bar as Additional Judge of the Calcutta High Court on October 30, 2013, and subsequently appointed as Permanent Judge of the Calcutta High Court on March 14, 2016. Previously, he was empanelled as a Senior...