Section 34 Applications Challenging Arbitral Awards Subject To ₹120 Court Fee, Higher Fees Under Entry No. 1(10) Not Applicable: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the principal application under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award, falls under Entry No. 2(c) of Schedule II of the Court Fees Act. This entry is the residuary provision that prescribes a court fee of Rs. 120 for original applications before the...

State Orders Impacting Individual Rights Require Separate Legal Remedies: Calcutta High Court

The Calcutta High Court division bench of Justice Harish Tandon and Justice Hiranmay Bhattacharyya has held that when a State authority's order is alleged to have impacted individual rights, each individual must pursue their legal remedy independently, and collective action in such cases is neither permissible nor maintainable. Brief Facts: Suklal Singh & Anr, Petitioners,...

Calcutta High Court Dismisses PIL Challenging BJPs 12-Hr Bandh, Cites Order In Previous Matter Indefinitely Debarring Litigant From Filing PILs

The Calcutta High Court has dismissed a PIL filed by Sanjoy Das, challenging a 12-hour Bandh called by the BJP, due to alleged police action against protestors who were marching to the State secretariat in 'Nabanna' to demand justice for the RG Kar rape-murder victimPolice deployed tear gas and water cannons when the crowd became unruly and began breaking barricades and throwing stones at...

"Attempt To Intimidate Office Of Chief Justice": Calcutta High Court Dismisses PIL Seeking To Modify Judge's Roster, Imposes 50K Cost

The Calcutta High Court has dismissed a PIL seeking to modify a judge's roster due to allegations of conflict of interest, with exemplary costs of Rs 50,000. The Court also debarred the litigant from filing a PIL ever again, by invoking the Calcutta High Court Appellate Side Rules.Advocate Sanjoy Das, the petitioner, sought to change the determination of Justice Amrita Sinha's bench...

Gathering For Lawful Purposes Should Not Be Restricted Without Imminent Threat To Public Order: Calcutta High Court

The Calcutta High Court bench of Justice Rajarshi Bharadwaj has held that if a gathering is not intended for unlawful purposes, it should not be restricted at a public place unless there is an imminent threat to public order. Even in such situations, the High Court held that any restrictions imposed must be fair and reasonable with a balance between individual rights and...

Plea In Calcutta High Court Challenges Release Of "Diary Of West Bengal" Movie, Alleges Communal Undertones

The Calcutta High Court on Wednesday said that it shall hear tomorrow (Thursday) a public interest litigation (PIL) petition seeking a stay on the release of the movie "The Diary of West Bengal". According to reports the movie is set up against the backdrop of the 1971 Bangladesh genocide.The matter was mentioned before a division bench comprising Chief Justice TS Sivagnanam and Justice...

PIL In Calcutta High Court Challenges 12-Hour 'Bandh' Called By BJP To Protest Police Action During 'Nabanna March' Over RG Kar Incident

A public interest litigation (PIL) has been moved before the Calcutta High Court challenging a 12-hour strike called by the Bharatiya Janata Party (BJP) to protest police action against protestors who were marching towards the Nabanna, State secretariat building in connection with the brutal rape and murder of a resident doctor at RG Kar hospital.In calling for the court to restrain the BJP...

Calcutta High Court Quashes Ban On Football Supporters Entering Stadium With 'Tifo' Demanding Justice For RG Kar Rape-Murder Victim

The Calcutta High Court has set aside a state government order banning supporters of Mohun Bagan Football Club from entering the Salt Lake Stadium with a large 'tifo' protesting the rape and murder of a trainee doctor at RG Kar Medical College and Hospital, during their team's match.A division bench of Justices Harish Tandon and Hiranmay Bhattacharya held:These activities are acclaimed as...

Mere Apprehension That Person Would Flee India Is Not Enough To Issue Look Out Circular: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that mere apprehension that a person would flee India and no steps could be taken to recover the money is not enough to issue a Look Out Circular (LOC) against him. Brief Facts: The matter pertained to a writ petition which was filed by an erstwhile Director of Visa Power Limited ("company in liquidation"). The...

Section 34 Challenge Unwarranted If Arbitrator's Judgment Is Well-Reasoned And Based On Evidence: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that if an Arbitrator's judgment is well-reasoned and backed by substantial evidence, there are no grounds to challenge it under Section 34 of the Arbitration and Conciliation Act, 1996. Brief Facts: The matter pertained to a dispute between BLA Projects Private Limited (the claimant/respondent) and...

Calcutta High Court Weekly Round-Up: August 19th To August 25th, 2024

Nominal IndexBhubaneshwari Seafood Private Limited And Anr. Vs Ugro Capital Limited Citation: 2024 LiveLaw (Cal) 188Dr. Sandip Ghosh & Anr. Vs. Union of India & Ors Citation: 2024 LiveLaw (Cal) 189M/S. Siemens Healthcare Private Limited Vs Sun Hospital And Ors. Citation: 2024 LiveLaw (Cal) 190Arup Mallick versus Commissioner, Commercial Taxes and State Tax, & Ors. Citation:...

BREAKING | Calcutta High Court Transfers SIT Probe Into Alleged Irregularities By Ex-RG Kar Principal Sandip Ghosh To CBI

In a breaking development, the Calcutta High Court has transferred an SIT probe into alleged irregularities by former RG Kar Principal Sandip Ghosh, to the Central Bureau of Investigation.Notably, the CBI is also investigating Ghosh over the rape-murder of a resident doctor at the hospital campus on 9th August.A single bench of Justice Rajarshi Bharadwaj was taking up a plea by former...