Calcutta High Court
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...
Calcutta High Court Monthly Digest: June 2023
NOMINAL INDEX [Citations 148-179]Decco Worldwide Post Harvest Holdings B.V & Anr. V The Controller of Patents and Designs & Anr 2023 LiveLaw (Cal) 148Sujit Kumar Datta v The State of West Bengal & Ors 2023 LiveLaw (Cal) 149Sutapa Adhikari & Ors v State of West Bengal & Anr 2023 LiveLaw (Cal) 150Sekhar Kr Roy v Lila Roy & Anr 2023 LiveLaw (Cal) 151Deepak Chatterjee @...
Interim Relief Under The A&C Act Obtained Without Disclosing Material Evidence, Calcutta High Court Imposes Cost Of Rs. 50 Thousand On Each Petitioner
The High Court of Calcutta has held that a party approaching the Court for relief must do so with clean hands and is under an obligation to disclose all material facts that have bearing on the adjudication of the issues in the case.The bench of Justice Shekhar B. Saraf held that the doors of justice would be closed for litigants approaching the court with a case built on falsehood,...
Calcutta High Court Suspends Sentence Of Woman Convicted For Murder Of 6-Year-Old Step Daughter
The Calcutta High Court recently suspended the sentence of a woman who was sentenced to life imprisonment by the trial court for killing her six-year-old daughter with poison.Taking note of the fact that the woman has already spent over six years in prison and that her appeal against conviction is still pending, a division-bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray said this...
Panchayat Elections: Calcutta High Court Orders Re-Scrutiny Of Nomination Papers Filed By Two Candidates
The Calcutta High Court on Friday directed the West Bengal State Election Commission to re-scrutinise nomination papers of two candidates for the upcoming Panchayat Elections, after a was plea filed alleging inaction during the scrutiny process by a Returning Officer from Karimpore-II block in West Bengal. A single-judge Bench of Justice Amrita Sinha ordered:“Without going into the merits...
S.362 CrPC | No Court Can Alter Judgement After It Has Attained Finality, Except To Correct Clerical Error: Calcutta High Court Reiterates
The Calcutta High Court recently dismissed a criminal application for modification of Judgement, and held that no judgement or final order pronounced by a Court can be altered or reviewed, once it has been signed, except to correct a clerical or arithmetic error. Relying on Section 362 of CrPC, a single-judge bench of Justice Bibek Chaudhuri held:The above provision is abundantly clear that...
Venue Would Be The ‘Seat’ Of Arbitration When There Is No Significant Contrary Indicia Present In The Agreement: Calcutta High Court
The High Court of Calcutta has held that venue would be the seat of arbitration when the agreement between the parties contains no significant contrary indicia.The bench of Justice Krishna Rao also held that merely because the arbitration agreement does not clearly provide for the law governing the arbitration, it would not make the agreement ambiguous, vague or uncertain so to allow refusal...
'When Minister Takes Rigid View, Consultation Is Wasted Effort': Calcutta High Court Upholds Appointments Of Interim-VCs By Governor
The Calcutta High Court today dismissed a petition filed by a retired Professor, seeking directions to annul the appointments of thirteen interim Vice-Chancellors in State Universities, which were made by the Governor of West Bengal acting as Chancellor of the said Universities. The petitioner had challenged these appointments on the ground that they were bad in law for being made...
Calcutta High Court Refuses To Pass Urgent Orders On ‘Last-Minute’ Plea Against Alleged Illegal Cow Slaughter On Bakrid
The Calcutta High Court on Wednesday refused to pass urgent orders in a plea seeking to stop alleged illegal slaughter of cows on the occasion of Bakri-Eid due to be held in West Bengal tomorrow, on the 29th June. Chief Justice Sivagnanam asked for the plea to be listed, but rebuked the practise of last-minute mentioning’s, and observed, “You know this festival has been scheduled for...
ECLGS Scheme: Calcutta High Court Pulls Up Govt Company For Defying Its Directions
The Calcutta High Court has recently slammed the National Credit Guarantee Trustee Company Ltd. set up by the Union Finance Ministry for its "contumacious conduct" to defy Court's order requiring consideration of petitioner, a food and lodging business, for the benefit of an Emergency Credit Line Guarantee Scheme (ECLGS).A single-judge bench of Justice Moushumi Bhattacharya sternly...
Why Candidates Apprehending Violence Not Approaching Election Commission? Calcutta High Court Asks In Plea Seeking Fresh Election Process
The Calcutta High Court on Tuesday asked why the candidates apprehending violence amidst the 2023 Panchayat Elections have been hesitant to file election petitions before the State Election Commission."If violence has happened against a candidate, what deters them from approaching Election Commission complaining of the same? EC has shown data that withdrawal percentage is 9.1% which is far...