Calcutta High Court
Calcutta High Court Upholds Order Dismissing Plea Challenging Shift Of NCLT Premises To New Town
The Calcutta High Court has upheld a single bench order declining a plea challenging the move to shift the NCLT Kolkata premises located near the High Court, to a new building in the city's New Town area, as proposed by the Ministry of Corporate Affairs.A division bench of Justices Rajarshi Bharadwaj and Apurba Sinha Ray held: "The question, however, is not whether the shift in location...
[NDPS Act] Default Bail Can't Be Granted Upon Timely Filing Of Chargesheet, Even If Not Accompanied With Chemical Report: Calcutta High Court
The Calcutta High Court bench of Justices Debangsu Basak and Md. Shabbar Rashidi has held that the right to default bail is defeated once a chargesheet is filed within the statutory time period. Even if the chargesheet is not accompanied by a Chemical Examination Report, it cannot be deemed incomplete provided the evidence collected during the investigation is sufficient to proceed against the accused. A charge sheet without the Chemical Examination Report filed within time is nonetheless a...
When Assessee-Company Can Prove Genuineness Of Transaction, Delhi HC's 'NR Portfolio' Judgment Not Applicable: Calcutta HC
The Calcutta High Court has made it clear that the Delhi High Court decisions in NR Portfolio and Navodaya Castles will hold no value where an assessee-company establishes the identity of its shares subscribers, creditworthiness of the share subscribers and genuineness of the transactions.In CIT v. NR Portfolio Private Limited (2014) and in CITA v. Navodaya Castles Private Limited (2014),...
Writ Against Third Party Is Maintainable Despite Arbitration Clause When There Are No Disputes Between Contracting Parties: Calcutta HC
The Calcutta High Court bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) has held that when there are no disputes or differences between the parties to an agreement containing an arbitration clause, a writ petition may be entertained against a third party for arbitrary deduction of demurrage amounts. The existence of an arbitration clause between the...
Calcutta High Court Monthly Digest: May 2025
NOMINAL INDEXProfessor Bidyut Chakraborty and Ors. Versus The State of West Bengal & Anr Citation: 2025 LiveLaw (Cal) 98Padmavathi Sakkinala v. State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 99Asish Kumar Sen @ Bapi v/s. The State of West Bengal & Anr. Citation: 2025 LiveLaw (Cal) 100P & P Business Private Limited vs. Marco Francesco Shoes (India) Private...
Delay In Appointment, Employee Entitled For Qualifying Service For Pension, But No Wages: Calcutta HC
Calcutta High Court: A division bench consisting of Justices Madhuresh Prasad and Supratim Bhattacharya allowed a petition that was filed by a doctor, whose pension was denied due to insufficient qualifying service. The court ruled that if the Government delays in implementing court mandated absorption of an employee, the period of delay should be counted towards the qualifying service...
Calcutta High Court Upholds Quashing Of ₹7.29 Crore Penalty Imposed On Dissolved HUF
The Calcutta High Court has upheld the quashing of penalty proceedings initiated against a dissolved Hindu Joint Family.A division bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) upheld the ITAT order which had relied on a Supreme Court ruling to declare the penalty action void-ab-initio.The Top Court had in CIT vs. Maruti Suzuki India Limited held that notice...
Evaluation Of Alternative Propositions By Arbitrator For Interim Award Does Not Constitute Inherent Contradiction Or Perversity: Calcutta HC
The Calcutta High Court bench of Justices Sabyasachi Bhattacharyya and Uday Kumar has held that considering alternative propositions by the Arbitrator and proceeding on the premise that the award holder would be entitled to an interim award under either scenario does not amount to an inherent contradiction. Evaluating alternatives is a legitimate judicial exercise and does not tantamount...
Absence Of Express Liberty In Withdrawal Order To File Fresh Execution Petition Does Not Deny Benefit U/S 14 Of Limitation Act: Calcutta HC
The Calcutta High Court bench of Justice Bibhas Ranjan De has held that withdrawal of an execution petition for enforcement of an arbitral award on the ground of lack of jurisdiction, when such ground is clearly stated in the withdrawal application, does not bar the petitioner from refiling before the appropriate forum, even if the court's order does not expressly grant liberty to...
Calcutta High Court Tells State Not To Continue Demolishing Rooftop Restaurants, Asks Why Notice Was Not Given Before Demolition
The Calcutta High Court has orally instructed the state authorities not to continue demolishing rooftop cafes and restaurants in the city, after owners of a restaurant on Park Street approached the court stating that their buildings were being demolished without any notice, and immediately after the issuance of stop work notices.Justice Gaurang Kanth did not pass an official stay order...
Calcutta High Court Strikes Down Provision Allowing Consumers To Be Penalised For Excess Electricity Usage
The Calcutta High Court has struck down a state law which allowed electricity companies to penalise consumers who consumed more electricity than the limit prescribed by the companies.The impugned rule was under Regulation 4.4 of the West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2011 (for short, “the 2011 Tariff Regulations”), framed by the...
Arbitrator Can Fix Fee In Consultation With Parties Without Recourse To A&C Act; Quantum Can't Be Challenged Under Article 227: Calcutta HC
The Calcutta High Court bench of Justice Bihas Ranjan De. has observed that an arbitrator can indeed fix his remuneration, and this can be done in a manner that may not comply with the Fourth Schedule of the Arbitration and Conciliation Act, 1996, provided that such a decision is made in consultation with the parties involved. When parties contractually agree on a fee, the Fourth...