Calcutta High Court
Calcutta High Court Monthly Digest: July 2023
NOMINAL INDEX (Citations 180-201)The 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) 182Texmaco Rail and Engineering Limited & Anr v Union of India and Ors 2023 LiveLaw (Cal) 183Tushar...
Calcutta High Court Suggests State To Conduct Periodic Raids To Prevent Illegal Manufacture Of Packaged Drinking Water
The Calcutta High Court has suggested the State's Health and Family Welfare Department to conduct periodic raids in order to quell instances of illegal manufacture of packaged drinking water, without license.Previously, the Court had sought a report regarding the measures taken by the State to ensure the safety of packaged drinking water. Upon perusing such report on Tuesday, a division-bench...
Ram Navami Violence | Further Delay By State In Handing Over Investigation Files To NIA Would Be “Absolutely Contemptuous”: Calcutta High Court
The Calcutta High Court today directed the State authorities to immediately handover all relevant investigation reports and files on the violence that occurred during Ram Navami celebrations in West Bengal to the National Investigation Agency (“NIA”).The probe was transferred to NIA on orders passed by a Division Bench of the High Court, which were affirmed by the Supreme Court...
'This Is Going Beyond Limits': Calcutta High Court Restrains TMC's Planned “Gherao” Of BJP Leaders’ Residence
The Calcutta High Court on Monday passed an interim order in a plea by BJP Leader of Opposition Suvendu Adhikari, restraining TMC leader Abhishek Banerjee, among other functionaries, from carrying out a pre-planned “gherao” of the residences of all BJP leaders in West Bengal.In categorising such gatherings as detrimental to public interest, a bench of Chief Justice TS Sivagnanam and...
Calcutta High Court Dismisses PIL To Restrain CM Mamata Banerjee From Making Allegedly “Provocative Speeches” At Eid Gathering
The Calcutta High Court today dismissed a PIL filed against West Bengal Chief Minister Mamata Banerjee (“private respondent”) for restraining her from using allegedly “provocative speeches” at the “Red Road religious congregation” on the occasion of Eid-u-Fitr, next year.A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya orally remarked:“A...
Calcutta High Court Weekly Round-Up: July 24 - July 30
NOMINAL INDEXAuroma Coke Limited v Coal India Limited and others 2023 LiveLaw (Cal) 192The State of West Bengal & Ors. Vs. M/s. BBM Enterprise 2023 LiveLaw (Cal) 193Tanushree Hazra Vs State of West Bengal And Ors. 2023 LiveLaw (Cal) 194Shreekant Sharma Vs. The State of West Bengal & Anr 2023 LiveLaw (Cal) 195Somnath Gupta Vs. State of West Bengal & Orr 2023 LiveLaw (Cal)...
Calcutta High Court Directs Sentence Review Board To Reconsider Plea For Remission Of Man Who Has Spent 23 Yrs In Jail
The Calcutta High Court has recently directed the West Bengal State Sentence Review Board (“the Board”) to reconsider the plea of a petitioner, who has spent 23 years in incarceration, for remission of sentence, upon noting that the Board which had considered the plea was not only improperly constituted, but had also failed to consider the National Human Rights Commission...
Arbitrator Appeared As Counsel For An ‘Affiliate Company’ Of The Claimant, Award Liable To Be Set Aside : Calcutta HC
The High Court of Calcutta has held that an arbitration award is liable to be set aside for violation of Sections 12(1), 12(2) and 12(5) of the Arbitration and Conciliation Act, 1996 when the arbitrator appeared in court for an ‘affiliate company’ of the claimant during the pendency of the arbitration without disclosing such an engagement to the respondent. The bench of...
Transferring School Teacher Not Violation Of Right To Life, Dignity: Calcutta High Court Upholds Provision Under WBSSC Act
The Calcutta High Court has upheld the constitutional validity of Section 10C of the West Bengal School Service Commission Act, 1997 (“1997 Act”) which was introduced vide an amendment in the year 2017 enabling transfer of a teacher from one school to another.A division-bench of Justice Harish Tandon and Justice Prasenjit Biswas were assigned to decide the common question of...
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...