Merely Supplying Warrant Of Arrest Notifying Penal Sections Without Mentioning Substance Of Charge Violates Article 22 Of Constitution: Calcutta HC

The Calcutta High Court has held that in the absence of notification of the substance of a warrant, the execution of the same becomes unconstitutional in terms of Article 22(2) of the Constitution read with Section 75 of the Cr P C. Justice Suvra Ghosh affirmed the interim bail since the arrest memo neither contained reasons for arrest nor were the grounds of arrest communicated as per Article...

Calcutta High Court Denies Permission For 'Hanuman Jayanti' Event To Be Held On Red Road On April 12

The Calcutta High Court has denied permission to hold a 'Hanuman Chalisa paath' event to be held at Red Road on 12th April (tomorrow). Petitioner had approached the court for permission to hold the even with around 3000 participants, after not hearing back from the police authorities.Later, the police authorities granted permission for the event, but at a different location to prevent...

Calcutta High Court Quashes Case Against Arnab Goswami, Republic TV Over Comments Made By Panelist Against Marwari Community

The Calcutta High Court has quashed proceedings against Republic TV and it's Editor-In-Chief Arnab Goswami over allegedly hateful and bigoted remarks made by a panelist during a live show, targeting the Marwari community.Subhojit Ghosh, a guest on show, caste aspersions on the Marwari community and it's alleged involvement in black marketing, including the black marketing of masks. Justice...

Party Claiming Benefit Under State's Welfare Scheme Cannot Challenge Its Restrictions Or Act To The Detriment Of Other Beneficiaries: Calcutta HC

The Calcutta High Court has held that a party who claims the benefit of the various welfare schemes undertaken by the state cannot complain about the restrictions of such policies and act to the detriment of other beneficiaries under such schemes.In this case, the court was dealing with a squatter who was a beneficiary of a housing scheme by the state, claiming more land than was allowed to...

MSME Council Cannot Reject Arbitrable Claims Without Providing Any Reasons When Meditation U/S 18 Of MSME Act Has Failed: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that the Micro, Small and Medium Enterprises (MSME) Facilitation Council cannot reject the arbitrable claims of the supplier without providing an opportunity to present evidence in support of the same, especially when mediation, as required under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006...

Consumer Forums Not Legally Authorised To Issue Arrest Warrants: Calcutta High Court

The Calcutta High Court has held that consumer forums, in exercise of their powers under the Consumer Protection Act, are not authorised to issue arrest warrants while imposing penalties under Sections 71 or 72 of the act. Justice Suvra Ghosh held: Section 72 of the Act envisages penalty for non-compliance of the order of the District Commission, State Commission or National Commission, as...

Clause Empowering Contract Signatories To Resolve Disputes Does Not Constitute A Valid Arbitration Agreement Due To Lack Of Impartiality: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that merely because a dispute resolution mechanism is provided in a clause empowering the signatories to the contract to resolve the dispute, it cannot be inferred that the parties intended to refer the dispute to arbitration. Such a clause amounts to an in-house mechanism and not a reference to an impartial arbitral...

Calcutta High Court Allows 'Anjani Putra Sena' To Carry Out 'Shobha Yatra' On Ram Navami, Caps Attendance At 500

The Calcutta High Court has allowed a plea by the Anjani Putra Sena, seeking to carry out a 'Shobha Yatra Utsav' on the occasion of Ram Navami in Kolkata.Justice Tirthankar Ghosh allowed the plea after imposing a slew of conditions on the organisers, including capping the attendance of the rally at 500 and on the timings of the rally.The petitioner, 'Anjani Putra Sena' is a trust under the...

'Let's All Unite': Calcutta HC Chief Justice Writes To Bar Bodies After Their Refusal To Attend Swearing-In Of Justice Dinesh Kumar Sharma

Calcutta High Court Chief Justice TS Sivagnanam has written to lawyer members of the High Court's various Bar bodies after they had refused to participate in the swearing-in ceremony of Justice Dinesh Kumar Sharma who had been transferred to the Calcutta High Court from the Delhi High Court. The heads of the various bodies had also written to the Chief Justice of India to reconsider the...

Merely Because Either Parent Is Non-Tribal, Child Cannot Be Denied Scheduled Tribe Certificate: Calcutta High Court

The Calcutta High Court's circuit bench at Port Blair has come to the aid of a NEET candidate who had not been issued a scheduled tribe certificate for the upcoming entrance examinations, even after being considered eligible for an ST certificate by the authorities.Justice Aniruddha Roy held: The law on the subject prescribe that several factual factors are required to be considered to...

Arbitration Clause Contained In Incomplete Memorandum Of Understanding Cannot Form Basis For Arbitration Proceedings: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that an arbitration clause in a memorandum of understanding that was not finalized, as indicated by the correspondences between the parties, cannot serve as the basis for initiating arbitration proceedings. Brief Facts: In October 2020, the Respondent approached the petitioner and they reached an oral agreement with...

'CCTV Shows Assault By Police, Harsh Steps Must Be Taken': Calcutta HC Orally Remarks In Plea By Students Who Were Allegedly Beaten In Custody

In a matter concerning the brutal assault meted out to protesting female students from a university in North Bengal at a Women's Police Station, the Calcutta High Court has expressed its concerns regarding the way the police station had been functioning.While addressing the Advocate General, Justice Tirthankar Ghosh orally remarked, "I am expressing my mind...that police station is not well....