90-Day Timeline In Section 18(5) Of MSME Act Is Directory : Calcutta High Court

The Calcutta High Court bench comprising Justice Sabyasachi Bhattacharyya has held that the 90-day timeline for completion of the arbitral proceeding under Section 18(5) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) is directory, not mandatory, and does not terminate or affect the validity of mandate of the MSME Facilitation Council as Arbitrator....

Calcutta High Court Weekly Round-Up: 23rd September To 29th September, 2024

NOMINAL INDEXCourt On Its Own Motion Vs. XXXX(Victim Girl) & Anr Citation: 2024 LiveLaw (Cal) 215Principal Commissioner Of Income Tax – 1, Kolkata v. Bothra Shipping Services Private Limited Citation: 2024 LiveLaw (Cal) 216Jayashree Electromech Private Limited v. The West Bengal State Electricity Transmission Company Limited Citation: 2024 LiveLaw (Cal) 217Damodar Valley Corporation vs. Reliance Infrastructure Limited Citation: 2024 LiveLaw (Cal) 218Calcutta High Court Directs Enquiry...

Calcutta High Court Upholds Rs. 780 Crore Arbitration Award In Favour Of Reliance Infrastructure, Refuses Pre Award Interest

The Calcutta High Court division bench, comprising Justice I. P. Mukerji and Justice Biswaroop Chowdhury, has upheld the arbitral award amounting to Rs 780 crore in favour of Reliance Infrastructure Limited, with the exception of relief on pre-award interest and reduction in the rate of interest on bank guarantee. The court observed that the grant of pre-award interest was patently...

Commenced Enrolment In Compliance With SC Guidelines To Enable Final-Year Students To Appear For AIBE: WB Bar Council Tells Calcutta High Court

The Bar Council of West Bengal has told the Calcutta High Court that it has commenced the enrolment process of advocates in compliance with the Supreme Court's recently laid guidelines in order to enable final-year law students to appear in the upcoming All India Bar Examination (AIBE).The Supreme Court had laid down guidelines for Bar Councils to levy a certain fixed sum as enrolment fees,...

Calcutta High Court Issues Notice On Plea Claiming Presence Of "Threat Nexus Syndicate" At State-Run Hospitals

The Calcutta High Court has sought a response from the state authorities on a plea which alleged the presence of a "threat culture" at state-run West Bengal Medical Colleges and Hospitals."If any of these allegations are found to be correct, then this a very serious issue," remarked Chief Justice TS Sivagnanam.It was stated by the petitioners that there was a prevalence of reports regarding...

Compliance With Pre-Arbitration Formalities Not Mandatory; Can Be Waived By Consensus: Calcutta High Court

The Calcutta High Court bench comprising Justice Sabyasachi Bhattacharyya has held that compliance of the pre-arbitration stages can be waived by consensus. The court observed that forcing the petitioner back to the rigmarole of pre-arbitration formalities would be an unnecessary and futile exercise.Brief Facts:The petitioner, Jayashree Electromech Private Limited, was awarded six letters...

Enterprise Contracting With Assignee Of Govt Recognised Concessionaire For Developing “Infrastructural Facility” Can Claim Deduction U/S 80IA(4) Of Income Tax Act: Calcutta HC

The Calcutta High Court has held that an enterprise contracting with the assignee of a government recognised concessionaire for infrastructure development can, based on facts and circumstances of the case, be given the benefit of deduction under Section 80IA(4) of the Income Tax Act 1961.The provision prescribes deductions in respect of enterprises engaged in infrastructure...

Female Lawyer Accuses Clerk Of Molesting Her Inside Calcutta High Court Elevator

A female lawyer at the Calcutta High Court has accused a male clerk of molesting her inside an elevator at the Calcutta High Court on Monday morning.According to reports, the lawyer stated that she was molested by the accused- a clerk working for an advocate when she was alone in the elevator with him.It was stated that the Group-D employee had also made advances on her before, promising...

Calcutta High Court Directs Enquiry Against Complainants For Filing False POCSO Case Against Accused Who Spent Almost A Year Behind Bars

The Calcutta High Court has called upon the POCSO court, Murshidabad to undertake a 'discreet enquiry' into the de-facto complainant and her daughter in a POCSO case for making a false complaint and also recording a false statement under Section 164 of Cr.P.C., thereby fabricating false evidence within the meaning of Section 192 of the IPC.A division bench of Justices Arijit Banerjee and...

Calcutta High Court Orders CID Probe Into Bail Plea Filed Without Knowledge Of Accused

The Calcutta High Court has ordered a probe by the State CID into a peculiar case, where the bail plea of an accused was filed without his knowledge.A division bench of Justices Arijit Banerjee and Apurba Sinha Ray held: "Sk. Jiyaul is present in Court today. He is the person who has affirmed the affidavit in support of the bail petition. He cannot explain as to how without instruction from...

Calcutta High Court Calls For CAG's Report On State Govt's ₹85K Grant To Local Clubs For Durga Puja Celebrations

The Calcutta High Court on Monday directed the Comptroller and Auditor General (CAG) to file a report on the State government's grant of Rs 85,000 given to local clubs across West Bengal for Durga Puja celebrations. A division bench of Chief Justice TS Sivagnanam and Justice Bivas Pattanayak declined any interim relief to the petitioner while observing that the question of the merits of the...

Calcutta High Court Releases DYFI Leader Arrested For Allegedly Planning To Attack Govt Building Over Phone Call, Orders No Coercive Action

The Calcutta High Court has ordered the release of jailed Democratic Youth Federation of India (DYFI) leader Kalatan Dasgupta, who was arrested after a phone call recording surfaced of him allegedly planning a violent attack on the State Health Department "Swastha Bhawan" in Salt Lake, to injure public officials and cause disturbance.A single bench of Justice Rajarshi Bharadwaj ordered...