Calcutta High Court Weekly Round-Up: 26th August To 1st September, 2024

NOMINAL INDEXDamodar Valley Corporation Vs BLA Projects Pvt. Ltd. Citation: 2024 LiveLaw (Cal) 192Vishambhar Saran -Vs.- Bureau Of Immigration & Ors. Citation: 2024 LiveLaw (Cal) 193Mayukh Biswas vs State of West Bengal Citation: 2024 LiveLaw (Cal) 194Dr. Partha Biswas Vs. The State of West Bengal & Ors Citation: 2024 LiveLaw (Cal) 195Sanjoy Das v Registrar General, Calcutta High...

RG Kar Rape-Murder: Calcutta High Court Calls For CBI's Report On "Very Nasty Comments" About Victim Written On Social Media

The Calcutta High Court has called for the Central Bureau of Investigation (CBI) to submit its report regarding certain comments which were written on social media pertaining to the victim in the brutal RG Kar rape-murder case involving a trainee doctor who was raped and killed in the hospital premises.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya...

RG Kar Rape Murder: Plea In Calcutta High Court Seeks Removal Of Police Commissioner Vineet Goyal Over Allegations Of Improper Probe

A plea has been moved before the Calcutta High Court seeking the removal of Kolkata Police Commissioner Vineet Goyal. The plea alleges that Goyal was unable to carry out a proper probe into the rape and murder of a resident doctor at RG Kar medical college and hospital. The petitioner also stated that Goyal revealed the name of the victim of the case to the media, which was illegal.The probe...

Lawyer Has Right To Represent Client, Need Not "Beg" To Appear Before Court: Calcutta High Court

While interrupting a lawyer who "begged" for permission to appear, the Calcutta High Court's Circuit Bench at Jalpaiguri comprising Justices Harish Tandon and Prasenjit Biswas observed that lawyers need not use expressions such as "begging to appear" while representing their clients before the court.The bench referred to such practices as 'relics' of the system's colonial past and commented...

Allegations Of Fraudulent Signatures On Arbitration Agreements Must Be Decided By Arbitrator, Not Court Under Section 11: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that allegations of a party's signature on an arbitration agreement being obtained through fraud or misrepresentation are matters that can be decided by the arbitrator and can't be resolved by the court under Section 11 of the Arbitration and Conciliation Act, 1996. The bench further observed that the...

Interim Measures Under Section 9 Of Arbitration Act Justified If Applicant's Rights Are Not Protected From Third Parties: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that granting interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, is justified if the Applicant's rights are not protected from third parties, as this could render the arbitral reference irretrievably infructuous. Brief Facts: Bengal Shelter Housing Development Limited...

No Prior Request Under Section 21 Needed For Section 11 Arbitration Applications: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an application under Section 11(5) of the Arbitration and Conciliation Act, 1996, does not require a prior request for reference to arbitration under Section 21. The bench held that invalidity of an arbitral proceeding due to the absence of prior notice under Section 21 and a unilateral appointment of...

Applicants Seeking Pandemic Relaxation For Limitation Under Section 34 Petition Cannot Simultaneously Claim IBC Moratorium Protection: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that if applicant of petition under Section 34 of the Arbitration Act seeks to benefit from the pandemic relaxation, it cannot simultaneously claim protection under the moratorium of Section 14 of the IBC. The bench held that to avail the pandemic relaxation, the applicant need to show that the pandemic...

RG Kar Rape-Murder: Calcutta HC Releases Student Booked For Leading March Towards Govt Secretariat, Cautions State Against 'Terrorising Protestors'

The Calcutta High Court has ordered the state police to release a student named Sayan Lahiri, who was alleged to be the leader of the 'Paschim Banga Chhatra Samaj', an organisation which led a call for protests and march towards the State secretariat in Nabanna. The protests though claimed to be peaceful, resulted in widespread violence, resulting in grave injuries to both protestors and...

Findings In Criminal Trial Should Have Bearing On Disciplinary Proceedings In Case Of Identical Charges:Calcutta High Court

A division bench of Calcutta High Court comprising Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee while deciding writ petition held that the findings in criminal trial should have bearing on disciplinary proceedings, especially when the charges are identical or closely related. Background Facts The employee was appointed as a laborer (Group-D) in the Indian...

"We Live In A Democratic Set Up": Calcutta High Court Declines To Stay Release Of 'Diary Of West Bengal' Movie

The Calcutta High Court on Thursday declined to stay the release of a movie titled "The Diary of West Bengal" in a plea seeking to halt its release on the grounds of the movie containing communal undertones. The movie depicts events around the 1971 Bangladesh Liberation war.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya declined to grant urgent relief on...

RG Kar Rape-Murder: Why Did Calcutta High Court Allow Protestors To March To West Bengal's State Secretariat "Nabanna"

The Calcutta High Court on 23rd August, declined to issue prohibitory orders to prevent student organisations from marching towards the State's Secretariat in Nabanna, to protest against the brutal rape and murder of a trainee doctor at RG Kar Medical College and Hospital.Notably, though it was claimed that the protests, to be carried out by student bodies would be peaceful in nature, there...