Calcutta High Court
'We Will Consider': Calcutta High Court In Plea Seeking Theatre Release Of 'Bengal Files' Movie In West Bengal
The Calcutta High Court on Friday stated that it would consider a plea seeking the release of Vivek Ranjan Agnihotri's film 'The Bengali Files', whose theatre release had been allegedly restricted in West Bengal.A division bench of Justices Sujoy Paul and Smita Das De was hearing the matter.The petitioner stated that he was an 'avid movie goer' and that his right to watch a movie of his...
Calcutta High Court Grants Unconditional Stay Of MSME Council Award Due To Concerns Over Violation Of Natural Justice
The High Court at Calcutta has granted an interim Order of unconditional stay on the execution of an Arbitration Award passed by the MSME Facilitation Council at Konkan.In an Application filed under Section 36 (2) of the Arbitration and Conciliation Act, 1996 by Bridge and Roof Company (India) Ltd, against M/s FEPL Engineering Pvt. Ltd, praying for unconditional stay with exemption...
Plea Against Misuse Of Digital Signature Does Not Amount To Denying Existence Of Arbitration Agreement: Calcutta High Court
The Calcutta High Court Bench of Justice Krishna Rao, while referring parties to arbitration, has observed that if the Plaintiff alleges that its digital signatures were used without its consent, such an allegation of fraud does not amount to a denial of the existence of the arbitration agreement. Facts The Plaintiffs had filed an application praying for an interim order, whereas...
Railways Can't Cancel Duly Published Promotion Panel On Vague Administrative Grounds; Prior Notice To Selected Candidates Mandatory: Calcutta HC
A Division bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the cancellation of a duly published selection panel by the Railway Authorities, without providing due notice to the selected candidates, is unsustainable in law. Authorities are bound to comply with RBE No. 192 of 2019 and Rule 228 of IREM Vol. I, which mandate...
Court Hearing Appeal U/S 37 A&C Act Can Direct Furnishing Of Security Even Without Application U/S 9: Calcutta HC
The Calcutta High Court bench of Justice Arindam Mukherjee has held that while disposing of an appeal under Section 37 of the Arbitration Act, the Court is empowered under Order 41 of the Civil Procedure Code, 1908 (CPC) to impose conditions and direct the respondent to furnish security for the loan as per the Agreement, even in the absence of a formal application under Section 9 of...
Calcutta High Court Declines Plea Against Bengali Singer Nachiketa For Allegedly Insulting Lord Ram In Concert, Cites Lack Of Evidence
"Only the contents of social media mentioning, without any date, time and place of the concert and without any authenticity, cannot be the ground to take cognizance of such offence," the court said.
Calcutta High Court Grants Interim Relief Against Eviction To Families Living Under Flyover, Records State's Assurance Of Rehabilitation
In granting relief to nearly 300 families living under Hastings Bridge, the Calcutta High Court has recorded the State Government's undertaking that no eviction will take place unless proper rehabilitation is arranged. The Court also granted Muktokantha Mahila Samity (MKMS) the liberty to seek an urgent hearing if there is any future threat of forced removal or breach of the State's...
'Society Needs To Be Protected': Calcutta High Court Imposes 40 Year Sentence On "Gurudev" Convicted Of Murder, Commutes Death Penalty
The Calcutta High Court has commuted the death sentence imposed on an alleged 'Gurudev' for the murder of two women over alleged monetary disputes, after the appellant-Gurudev and his wife had promised certain cures to the deceased and their family, in exchange for large sums of money.A division bench of Justices Debangu Basak and Md Shabbar Rashidi held:"Therefore, taking into consideration...
Able-Bodied Husband Cannot Refuse To Maintain Wife Merely Due To His Unemployment: Calcutta High Court
The Calcutta High Court has held that an able-bodied, young man cannot refuse to pay maintenance, citing financial constraints arising out of his unemployment.Justice Ajoy Kumar Mukherjee held: "Therefore once there is no denial of the fact that the husband is an able bodied young man capable of earning, he cannot simply deny his legal obligation of maintaining of his wife equal to the status...
Threatening Tenant With Eviction Does Not Amount To Criminal Intimidation U/S 506 IPC: Calcutta High Court
The Calcutta High Court has held that even in cases where the tenant alleges that the landlord had threatened him with unlawful eviction, the same cannot amount to the offence of criminal intimidation under Section 506 of the Indian Penal Code (IPC).Justice Dr Ajoy Kumar Mukherjee held: "Even if for the sake of argument if it is taken to be true that the petitioners have threatened the...
Mere Inability To Adjust With In-Laws Compelling Wife To Live Separately Is Not Mental Cruelty: Calcutta High Court
The Calcutta High Court has held that the mere inability of a wife to adjust with her in-laws, leading her to live separately, does not amount to mental cruelty as defined under Section 498A of the Indian Penal Code.Justice Dr. Ajoy Kumar Mukherjee held: "There is also no material to suggest that there had been any wilful conduct on the part of husband or any in law of such a nature as was...
Calcutta High Court Will Greatly Benefit From Appointment Of More Judges: Chief Justice TS Sivagnanam
The Calcutta High Court has bid farewell to Chief Justice TS Sivagnanam, who has demitted office after a tenure of over 2 years, being sworn in as Chief Justice in May 2023. Justice Sivagnaman was sworn in as an Additional Judge of the Madras High Court in 2009, and made permanent in 2011. Thereafter, he was transferred to the Calcutta High Court in 2021, and then elevated to the position...