Calcutta High Court
Cause Of Action Arises From Clear Refusal To Perform Contractual Obligations, Not Mere Non-Performance: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar held that when there is a clear refusal by one of the parties to perform the terms of a contract, the cause of action arises from the date of such refusal, and not from the date of initial non-performance, especially where negotiations continued, implying that the parties possibly wanted to extend the time for...
Calcutta High Court Directs Redrawing Of WBJEE 2025 Merit List In Compliance With HC Orders On OBC Reservation
The Calcutta High Court has directed the West Bengal Joint Entrance Examinations Board to recast the merit list drawn up for the 2025 Joint Entrance Exams, to bring them in conformity with the pre-2010 percentage of OBC reservations, as had been ordered by the High Court in its May 2024 order. This came after the court observed that the Board had issued the merit list in the present case,...
Rejection Of Claims By Writ Court Over Disputed Issues Does Not Bar Reference To Arbitration: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that when the claims of the petitioner are not adjudicated by writ courts and subsequently by the Supreme Court in a Special Leave Petition on the ground that they involve disputed questions of fact and law which are beyond the remit of the court, and the petitioner is directed to invoke the alternative remedy of...
Mere Use Of Expression “Arbitration” Insufficient To Constitute A Binding Agreement U/S 7 Of A&C Act: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that mere use of the expression “Arbitration” in a clause will not automatically make the clause a binding arbitration agreement as contemplated under Section 7 of the Arbitration Conciliation Act, 1996 unless there is a clear intent to refer disputes to Arbitration. The court observed that an arbitration agreement has to...
Calcutta High Court Monthly Digest: July 2025
NOMINAL INDEXHasin Jahan Vs. The State of West Bengal & Anr. Citation: 2025 LiveLaw (Cal) 152Smt. Kajari Karmaker @ Kajari Marick vs. The Employees' State Insurance Corporation & Ors. Citation: 2025 LiveLaw (Cal) 153Shri C. Chitambaram Versus The Director of Transport Citation: 2025 LiveLaw (Cal) 154Super Smelters Limited v United Cables Limited Citation: 2025 LiveLaw (Cal)...
Calcutta High Court Quashes Cancellation Of BSF Aspirant's Domicile Certificate, Says No Hearing Was Granted Before Cancellation
The Calcutta High Court bench of Justice Aniruddha Roy has set aside an order passed by the State Authority cancelling the Domicile Certificate of the petitioner, on the ground that no opportunity of being heard was given to the petitioner before taking such a decision, which entailed civil and adverse consequences. Since the decision to cancel the certificate was procedurally flawed,...
Calcutta High Court Declines To Interfere With CBI Probe Into Former Sandeshkhali TMC Leader Shahjahan Sheikh
The Calcutta High Court has dismissed an appeal against a single judge order, which handed over the investigation into former TMC leader from Sandeskhali, Shahjahan Sheikh, to the Central Bureau of Investigation.Sheikh had been accused of various crimes, including rape, extortion and assault, culminating in an attack allegedly ordered by him on an ED team who had been deployed to search...
Stock Exchange & Banking Channels Cannot Mask Sham Transactions Carried Out Through Bogus Capital Loss Claim Companies: Calcutta High Court
The Calcutta High Court held that stock exchange and banking channels cannot mask sham transactions carried out through bogus capital loss claim companies. Justices T.S. Sivagnanam and Chaitali Chatterjee (Das) observed that “the entire information contained in the investigation report was apprised to the assessee by the assessing officer and thereafter the show cause notices...
Mere Incorporation Of Investing Companies Under Companies Act Not Enough To Prove Genuineness Of Share Transactions: Calcutta High Court
The Calcutta High Court held that mere incorporation of investing companies under the Companies Act is not enough to prove the genuineness of share transactions. The bench opined that, admittedly, the shares were by way of a private placement. Though the investing companies might have been incorporated under the provisions of the Company's Act, that by itself will not...
Scheme Of Compromise Sanctioned By Court Under Companies Act Cannot Be Frustrated By Invoking Provisions Of SARFAESI Act: Calcutta HC
The Calcutta High Court has ruled that a scheme of arrangement/compromise sanctioned under section 391 of the Companies Act, 1956, cannot be unilaterally frustrated by a secured creditor by invoking the provisions of the SARFAESI Act, 2002. The application was filed, praying for the execution of an order sanctioning a scheme of arrangement/ compromise under section 391(2) of...
'Reaping From Rival's Cultivated Soil Is Impermissible': Calcutta HC Grants Injunction To Exide Industries Against Infringement Of Trade Dress
While allowing an injunction application by Exide Industries limited against a competitior who was infriniging on its trade dress, the Calcutta High Court bench of Justice Ravi Kishan Kapur held," “The fact that an existing competitor in comparison to a new entrant in the market has deliberately, intentionally and in a calculated manner attempted to reap from the cultivated soil of a...