Calcutta High Court
Assignment Of Trademarks Shall Not Take Effect Unless Assignee Applies To Registrar U/S 42 Within Maximum 9 Months: Calcutta High Court
The Calcutta High Court recently restrained an assignee to use the trademarks made under the assignment of trademarks on the ground that the assignee did not apply to the Registrar within the maximum time frame of 9 months prescribed under Section 42 of the Trade Marks Act, 1999. The single judge bench of Justice Moushumi Bhattacharya observed:“In the present case, the assignment was made...
Repeatedly Fixing Immediate Dates Shows Judge Trying To Overpower Defence Counsel: Calcutta High Court Requests Trial Court To Adjourn Hearing
The Calcutta High Court on Thursday requested a Trial Court to adjourn the hearing in a criminal trial, stating that Fixing dates repeatedly immediately on the next date shows that the Judge is trying to over power the defence Counsel, putting him in some sort of trouble.Single judge bench of Justice Bibek Chaudhuri observed that a Trial Judge must be amenable to adjustment of dates according...
Section 12(5) Of The A&C Act Would Not Apply To An Arbitration That Commenced Before The 2015 Amendment: Calcutta High Court
The High Court of Calcutta has held that Section 12(5) of the A&C Act, which provides for ineligibility of a person to act as an arbitrator whose appointment falls under any categories mentioned under the Seventh Schedule to the Act, would not apply to an arbitration that commenced before the 2015 Amendment.The bench of Justice Shekhar B. Saraf held that the 2015 Amendment that added...
Calcutta High Court Commutes Death Sentence Of Murder Convict To Life Imprisonment With No Remission For 40 Years
The Calcutta High Court on Wednesday commuted the death sentence awarded to a convict by the trial court in a double murder case to life imprisonment without remission for a period of 40 years from the date of commission of offence.The division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi observed:“In the facts of the present case, the state has neither at the stage of...
Ensure Officers Diligently Fill In All Columns In Memo Of Arrests By Stating Actual Situation: Calcutta High Court To West Bengal Police
The Calcutta High Court on Wednesday directed all the Superintendents of Police and Commissioners of Police in West Bengal to ensure that the police officers diligently fill in all the columns in the respective memo of arrests by stating the actual situation. The division bench of Justice Shampa Dutt (Paul) and Justice Rajarshi Bharadwaj further directed: “The concerned SPs and...
'Constructive Criticism Of State A Necessary & Essential Right Of Any Citizen': Calcutta High Court Orders Restoration Of Retired IGP's Security
The Calcutta High Court on Monday directed the State to restore the security protection of a retired IGP, as an interim measure. The security was allegedly withdrawn by the State because he has been vocal in criticising the police machinery and the government in public debates.The single judge bench of Justice Rajasekhar Mantha observed:“Constructive criticism of the State is a necessary...
Arbitration- Limitation Starts From Failure Of Settlement Talks: Calcutta High Court
The High Court of Calcutta has held that the period of limitation will only begin to run when the talks of amicable settlement between the parties fail.The bench of Justice Shekhar B. Saraf held that the period of limitation for referring a dispute to arbitration would be calculated from the date of the breaking point i.e., the date of failure of settlement talks, when the parties were trying...
Facilitation Council Has Exclusive Jurisdiction To Arbitrate Claims After The Supplier’s Registration Under The MSMED Act: Calcutta High Court
The Calcutta High Court has ruled that the date of execution of a contract between a buyer and a supplier under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) is irrelevant for the application of the provisions of the said Act. The Facilitation Council would have exclusive jurisdiction to decide on the reference, and to take up the dispute/ refer the same...
AO Has Reduced The Procedure To An Empty Formality, To Be Deprecated: Calcutta High Court
The Calcutta High Court had quashed the Assessment Order and held that the assessing officer has reduced the procedure to an empty formality, which has to be deprecated.The division bench of Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that the first 21 pages of the assessment order are a verbatim extract of the show cause notice. On pages nos.22 and 23 in...
Calcutta High Court Directs Removal Of Dhruv Rathee's Fruit Juice Video After Non-Compliance Of Interim Order In Dabur's Plea
The Calcutta High Court ordered to remove and restrain the access of the Dhruv Rathee’s video which made reference to the Dabur’s product ‘Real’ fruit juice, from all the URL/Web links of social media platforms such as Facebook, Youtube, Instagram etc. on the ground that despite the court’s order to remove the offending portions of the video, it continued to be aired and...
S.23 Senior Citizens Act | Subsequent Undertaking By Transferee To Provide Basic Amenities Can Be Considered Part Of Transfer Deed: Calcutta High Court
The Calcutta High Court recently upheld an order of the Maintenance Tribunal which allowed an octogenarian transferor to revoke the gift deed made in favour of the transferee on the ground that the transferee harassed and failed to provide maintenance to the transferor, contrary to the specific undertaking given by the transferee. The single judge bench of Justice Moushumi...
Calcutta High Court Commutes Death Penalty Of Man Convicted For Murdering Parents, Awards Life Imprisonment Without Remission
The Calcutta High Court on Monday commuted a death row prisoner's sentence to life imprisonment till natural life without remission. The man last year was awarded a death sentence by the trial court for murdering his parents.The division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi said:“The Constitutional Court can award a life sentence without any remission. This aspect...