Calcutta High Court Weekly Round-Up 09 September To 15 September, 2024

NOMINAL INDEXBaid Power Services Private Limited vs The Bihar Medical Services and Infrastructure Corporation Limited Citation: 2024 LiveLaw (Cal) 208JATIYATABADI AYINJIBI COUNCIL AND ANR. VS THE UNION OF INDIA AND ORS. Citation: 2024 LiveLaw (Cal) 209Tata Communications Limited Vs Rudrapriya Constructions LLP and Anr. Citation: 2024 LiveLaw (Cal) 210Tapan Kumar Samaddar Vs Sagar Jagdish...

MSME Act Doesn't Bar Independent Arbitration Under Arbitration And Conciliation Act Based On Agreement Clause: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that Section 18 of the MSME Act does not create any substantive rights or liabilities but simply offers an alternative method for resolving disputes outside of court proceedings. The bench held that if a party involved in a dispute chooses to pursue arbitration independently under the Arbitration and...

Composite Reference Can't Be Made Of Disparate Causes Of Action: Calcutta High Court

The Calcutta High Court bench comprising Justice Sabyasachi Bhattacharyya has held that composite reference to an Arbitral Tribunal cannot be made for disparate causes of action in different agreements with different parties as it contravenes the principles of privity, confidentiality, and party autonomy. Background: The Petitioner, the Secretary of Ganaudyog Bazar Unnayan...

Calcutta High Court Grants Bail To Trinamool Congress Leader Manik Bhattacharya In Recruitment Scam Case

The Calcutta High Court has granted bail to Trinamool Congress (TMC) leader and former MLA Manik Bhattacharya, accused in the cash-for-jobs recruitment scam case. Notably, two earlier pleas for bail by Bhattacharya had been dismissed by the court.A single bench of Justice Suvra Ghosh relied on the Supreme Court's order in Manish Sisodia's case and held:As observed by the Hon'ble Supreme...

Disputes Exceeding Rent Control Act Threshold Are Arbitrable If Lease Agreement Includes Arbitration Clause: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that when the total monthly payable amount surpasses the threshold for invoking the provisions of the Rent Control Act, the dispute becomes subject to arbitration if the lease agreement contains an arbitration clause. Further, the bench held that in a petition filed under Section 11 of the...

Arbitration Clause In Original Lease Deed Incorporated Into Deed Of Assignment When Deeds Are Interconnected And Consistent: Calcutta High Court

The Calcutta High Court bench of Justice Ravi Krishan Kapur has held that if a deed of assignment is properly interpreted as being interconnected and related to the original lease deed containing an arbitration clause, then the parties intended for the arbitration clause to be included in the deed of assignment. The bench held that interrelationship was not merely superficial...

Very Important And Sensitive Issue: Calcutta High Court Issues Notice To State On Plea Flagging Breeding, Sale Of Pets In Unregistered Shops

The Calcutta High Court issued notice on a plea seeking a report on the implementation of rules such as the Prevention of Cruelty to Animals Act and in particular the Prevention of Cruelty to Animals (Dog Breeding & Marketing) Rules, 2017 and Prevention of Cruelty to Animals (Pet Shop) Rules, 2018. The petitioner stated that despite there being comprehensive rules issued in 2017 and...

Court Cannot Legislate, Up To State Govt: Calcutta High Court Dismisses PIL Seeking Implementation Of Advocates' Protection Law

The Calcutta High Court has dismissed a public interest litigation seeking the implementation of various protective measures for advocates such as the Advocates Protection Act, which would provide safeguards for advocates to ensure their ability to perform their professional duties without fear or violence or harassment. The petitioner also sought protection to establish a dedicated...

The Benefit Of Section 14 Of The Limitation Act Can Be Invoked For Exclusion Of Time In A Proceeding Under Section 34 Of The Arbitration And Conciliation Act: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that under Section 14 of the Arbitration and Conciliation Act, 1996, the time spent in a writ petition on the same cause of action can be excluded from the limitation period for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. Brief Facts: Baid Power Services Private...

Calcutta High Court Weekly Round-Up 02 September To 09 September, 2024

NOMINAL INDEXRanajit Guha Roy and Anr. vs Sankar Kumar Halder Citation: 2024 LiveLaw (Cal) 206Great Eastern Energy Corporation Ltd vs SRMB Srijan Ltd Citation: 2024 LiveLaw (Cal) 207Allegations Of Fraudulent Signatures On Arbitration Agreements Must Be Decided By Arbitrator, Not Court Under Section 11: Calcutta High CourtCase Title: Ranajit Guha Roy and Anr. vs Sankar Kumar HalderCitation:...

Calcutta High Court Monthly Digest: August 2024

NOMINAL INDEXM/s Hooghly Building & Investment Co Ltd & anr v State Of WB & ors. Citation: 2024 LiveLaw (Cal) 180Nandalal Verma Vs. The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 181Visa International Ltd. v Visa International Service Association & Anr. Citation: 2024 LiveLaw (Cal) 182 Joyeeta Saha & Anr. -Vs- The State of West Bengal Citation: 2024...

The Court Can't Re-Appreciate Evidence Or Re-interpret Contracts While Examining Patent Illegality : Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the court cannot re-appreciate evidence under the guise of patent illegality, as per the proviso to Section 34 (2-A) of the Arbitration and Conciliation Act, 1996. It remarked that the Court cannot be sitting in appeal over the Tribunal's decision and cannot re-interpret the contract differently from...