Calcutta High Court
Calcutta High Court Restricts Provocative Speeches In Murshidabad Amidst Anti-Waqf Bill Violence, Directs Central Forces To Remain
The Calcutta High Court has directed restrictions on provocative speeches in Bengal's Murshidabad, after the area was hit by large-scale violence in light of protests against the newly implemented Waqf Bill.A division bench of Justices Soumen Sen and Raja Basu Chowdhury further directed the central forces to remain in the violence-hit district, which has witnessed several deaths over the...
Supreme Court Collegium Recommends Justice Subhendu Samanta To Be Made Permanent Judge Of Calcutta HC
The Supreme Court Collegium has recommended the name of Justice Subhendu Samanta, an Additional Judge of the Calcutta High Court to be made a Permanent Judge of the High Court. The Collegium's statement of recommendation reads "The Supreme Court Collegium in its meeting held on 15th April 2025 has approved the proposal for appointment of Shri Justice Subhendu Samanta, Additional Judge...
While Disputes U/S 31 Of Specific Relief Act Are Arbitrable, Arbitral Awards Are Not Binding On Third Parties: Calcutta HC
The Calcutta High Court bench of Justice Gaurang Kanth has held that although disputes relating to the cancellation of written instruments under Section 31 of the Specific Relief Act, 1963 are arbitrable, the resulting awards are binding only on the parties involved and not on third parties who were not part of the arbitral proceedings. Brief Facts: The present petition has been...
Calcutta High Court Expresses 'Despair' Over Trial Court Initiating Contempt Proceedings Despite HC's Stay Order On Case
The Calcutta High Court has taken exception to an order passed by the trial court, which initiated contempt proceedings for recovery of outstanding maintenance in a proceeding which had already been stayed by a coordinate bench of the High Court.Justice Bibhas Ranjan De held: It has come to my utter despair that when the proceeding with respect to C.R 1344 of 2023 was already stayed by...
Calcutta HC Declines PIL Seeking New Process For Scrutinising Poll Candidates, Alleging 'Foreigners' Were Participating In Bengal Elections
The Calcutta High Court has dismissed a public interest litigation seeking a new process for the scrutiny of candidates contesting the Bengal elections. The plea further alleged that foreigners were illegally obtaining Indian citizenship to participate in the state elections and manipulate the results.In dismissing the plea, a division bench of Chief Justice TS Sivagnanam and Justice...
Calcutta High Court Quarterly Digest: January To March, 2025
NOMINAL INDEXMahabuba Rahaman & Ors. -vs- State of West Bengal & Anr. Citation: 2025 LiveLaw (Cal) 1Milan Mukhopadhyay @ Mukherjee Vs. The State of West Bengal & Ors Citation: 2025 LiveLaw (Cal) 2Jagbir Singh Versus The State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 3Association for Protection of Democratic Rights vs State of West Bengal Citation: 2025 LiveLaw (Cal) 4X...
'Risk Factor Higher Than Loss Which May Be Caused': Calcutta HC Declines To Stay FSSAI Order Against Sale Of 'Prohibited Batch' Of Dabur Honey
The Calcutta High Court, presided over by Justice Om Narayan Rai has refused grant of interim relief/stay of operation in a writ petition filed by Dabur India Limited challenging the prohibition order issued by Food Safety and Standards Authority of India ('FSSAI') against a specific batch of "Dabur Honey” - Batch No. NP5819 which was manufactured on 13.02.2024 and marked with a “Use...
Arbitration Clause Cannot Be Considered Binding If Mandatory Arbitration Reference Is Missing: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sakar has held that if a clause in an agreement gives the parties discretion to refer the matter to arbitration after disputes have arisen, it cannot be construed as a binding arbitration agreement. Such invocation of the arbitration clause requires fresh consent of the other party before the matter can be referred to...
Substitution Of Arbitrator Can't Be Allowed When Petitioner Voluntarily Withdraws From Arbitral Proceedings: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that an application under Section 15 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), seeking substitution of the arbitrator, cannot be allowed when the petitioner had voluntarily withdrawn from the arbitral proceedings and failed to participate despite being given ample opportunities, especially after a...
Calcutta High Court Orders Deployment Of Central Forces In Murshidabad After Anti-Waqf Bill Protests Turn Violent
In an urgent hearing on Saturday, the Calcutta High Court ordered the deployment of Central Forces in Bengal's Murshidabad after violence broke out during Anti-Waqf Bill protests, which reportedly led to multiple deaths.Chief Justice TS Sivagnanam constituted a special division bench constituted by Justices Soumen Sen and Raja Basu Chowdhury upon an urgent plea moved by BJP leader...
Scheme Governing Auction Disputes Applies In All Auction Cases Unless Contrary Scheme Without Arbitration Clause Is Shown: Calcutta High Court
The Calcutta High Court bench Justice Shampa Sarkar has held that when a scheme generally applicable to all auction related disputes contains an arbitration clause, that clause will govern disputes arising between the parties, unless a contrary scheme without such a clause is shown. Brief Facts: Satya Narayan Shaw (petitioner) has filed this petition under section 11(6) of...
Successor To Merger Transaction Can Invoke Arbitration Clause When All Rights And Liabilities Are Transferred: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that once all liabilities, rights, and obligations are transferred to an entity through a merger approved by the competent forum, the arbitration clause contained in a loan agreement executed between the parties prior to the merger can be invoked by a third party that has acquired all such rights...