Calcutta High Court
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...
Panchayat Elections: Calcutta High Court Directs SEC To Reconsider Names 'Abruptly' Dropped From Contesting Candidates List, Verify Claims Of Violence
The Calcutta High Court has observed that election of candidates uncontested has a detrimental impact on the right to choice afforded to voters of an electorate. A single-judge bench of Justice Amrita Sinha thus directed the State Election Commission to reconsider its decision declaring certain candidates as 'elected uncontested', after abruptly dropping the names of other candidates from...
No Specific Allegation Or Privity Of Contract: Calcutta High Court Sets Aside Criminal Proceedings Against Company Director
The Calcutta High Court recently allowed a petition seeking revision of a Trial Court order which initiated criminal proceedings against the director of “GPT Infra Projects Limited”, finding no privity of contract with the complainant M/s Vinayak Construction. A single-bench of Justice Bibhas Ranjan De observed that Vinayak Construction was hired by B2R, a partnership firm, to complete...
Calcutta High Court Weekly Round Up: June 19 To June 25, 2023
NOMINAL INDEXManoj Mishra v State of WB 2023 LiveLaw (Cal) 165Spot Billing Meter Readers Welfare Association v State of WB & ors 2023 LiveLaw (Cal) 166The State of West Bengal and Others v Sabita Roy and connected petitions. 2023 LiveLaw (Cal) 167Professor Syed Haider Hassan Kazimi & Ors. vs State of West Bengal & Anr 2023 LiveLaw (Cal) 168Kausik Ghosh & Ors. Vs. The State of...
Election Violence: Calcutta High Court Finds Similarities In Voter's PIL And Petition Filed By Prospective Candidates, Says It's Prima Facie A 'Set Up'
A Calcutta High Court division bench of Chief Justice Sivagnaman and Justice Ajay Kumar Gupta, on Monday, took exception to the fact that a Public Interest Litigation filed by “independent voters” may have been politically motivated. The voters had complained that the unopposed elections of ruling-party candidates from their block, while stopping the nomination of rival...
Breaking | Plea In Calcutta High Court Seeks Stoppage Of Panchayat Elections, Declaration Of Emergency In West Bengal
In the wake of alleged violence amid upcoming panchayat elections in West Bengal, an urgent petition was mentioned today before the Calcutta High Court seeking declaration of State emergency and stoppage of elections, otherwise slated to be held on July 8.Article 356 of the Constitution empowers the the President to declare State emergency if on receipt of report from the Governor of the State...
Panchayat Elections: Calcutta High Court Stays Single Judge's Directive For CBI Probe Into Allegations Of Tampering Of Nomination Papers
The Calcutta High Court on Friday stayed a single-judge's direction asking the Central Bureau of Investigation (CBI) probe into allegations of tampering of nomination papers, filed by candidates for the West Bengal Panchayat Elections 2023, against a Returning Officer from Howrah district.District Magistrate of Howrah and other Election Officers have challenged the single-judge’s...