Calcutta High Court
Calcutta High Court Weekly Round-Up 29th July To 02nd August 2024
NOMINAL INDEXSubhash Tiwari & Anr. Vs. The State of West Bengal & Anr Citation: 2024 LiveLaw (Cal) 178The State Of West Bengal Vs Bijan Behari Chowdhury 2024 LiveLaw (Cal) 179M/S. HOOGHLY BUILDING & INVESTMENT COMPANY LIMITED AND ANOTHER VERSUS THE STATE OF WEST BENGAL AND OTHERS Citation: 2024 LiveLaw (Cal) 180Calcutta HC Declines To Quash Case Against Man Who Allegedly...
Calcutta High Court Detains Panamanian Ship For Alleged Supply Of Damaged Goods, Orders Deposit Of ₹7 Crores For Its Release
The Calcutta High Court in an urgent hearing on Saturday evening, directed the detention of a vessel bearing the flag of Panama, namely M.V. PH GIANG MINH for the alleged supply of damaged goods in an admiralty suit by Emami Paper Mills Limited.The order was passed by a single bench of Justice Arindam Mukherjee.It was claimed that the the plaintiff purchased 8000 MT of Bleached Hardwood,...
Central Govt Approves 1-Year Extension For Nine Additional Judges Of Calcutta High Court
The Ministry of Law & Justice helmed by Union Minister Arjun Ram Meghwal has approved fresh 1 year terms for nine additional judges of the Calcutta High Court.Earlier, the Supreme Court collegium had recommended the extension of term for the aforesaid nine judges by one year, after having considered the recommendation of the Calcutta High Court collegium on making the judges permanent....
Waqf Property Status Permanent, Mutawalli Leases Void Without Waqf Board Approval: Calcutta High Court
The Calcutta High Court division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has held that once a property is designated as Waqf, it remains so indefinitely. It held that Mutawalli cannot enter into a lease of Waqf property without prior approval from the Waqf Board. Therefore, the bench held that any agreements or understandings, whether written...
Calcutta High Court Issues Notice On Plea Challenging Putting Up Of Illegal Hoardings In Bidhannagar
The Calcutta High Court on Thursday issued notice on a plea seeking directions on the Bidhannagar Municipal Corporation to take action against illegal hoardings in the Bidhannagar area. The plea stated that these hoardings were a danger to the locals of the area and were being placed in an unregulated manner."These illegal hoardings are a serious issue, its a very serious issue. We remember...
Stenographers, Bench Clerks Are Sensitive Posts In District Judiciary, Cannot Be Contractually Appointed: Calcutta High Court
The Calcutta High Court has held that posts such as stenographers and bench clerks are sensitive positions in the district judiciary and that employees to these posts cannot be contractually appointed since they would not share the same responsibilities or liabilities as permanent employees.A single bench of Justice Arindam Mukherjee stayed two recruitment notifications seeking to...
Plea In Calcutta High Court Challenges Hike In Grant Given By Bengal Govt To 'Clubs' For Durga Puja, Seeks Probe Into Utilisation Of Funds
A public interest litigation has been filed in the Calcutta High Court challenging a hike in annual grants given to 'clubs' in West Bengal for hosting Durga puja celebrations. These grants have been given by the state government to organisers of Durga puja in their local communities and have steadily been increased from Rs 50,000 at inception to Rs 70,000 last year, and Rs 85,000 proposed to...
Calcutta High Court Weekly Round-Up 22nd July To 28th July, 2024
NOMINAL INDEXGaurav Churiwal vs Concrete Developers LLP and Ors. Citation: 2024 LiveLaw (Cal) 170Vishal Jhajharia Versus The Assessment Unit, Income Tax Department Faceless Assessment Centre & Ors. Citation: 2024 LiveLaw (Cal) 171Ashok Kumar Gupta Vs M.D. Creations And Ors. Citation: 2024 LiveLaw (Cal) 172Kotak Mahindra Bank Ltd. Vs Jaymony Debnath And Ors. Citation: 2024 LiveLaw...
Arbitrator's Award For Compensation For Excess Work And Business Loss Without Sufficient Evidence Is Perverse, Contrary To Fundamental Policy: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the arbitrator's decision to award compensation to the claimant for excess work and business loss, without sufficient evidence to support these claims, is perverse and contrary to the fundamental policy of Indian law. Brief Facts: The matter pertained to an arbitral award that granted monetary claims...
Calcutta HC Declines To Quash Case Against Man Who Allegedly Insulted Son-In-Law's Tribe, Said "Tum Log Chhota Jaat Hai"
The Calcutta High Court has declined to quash a case initiated under the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, (SC/ST Act) against a man who allegedly insulted his son-in-law using casteist slurs in his locality when the complainant had gone to bring his wife back from her maternal home.It was alleged that the accused said: “tum jaisa nich jat ke sath...
Capacity Building In Forensic Sciences Necessary To Effectively Implement BNSS Provisions: Calcutta High Court
The Calcutta High Court has held that capacity building in the arena of forensic science is a sine qua non for effective and proper implementation of the provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS) which emphasizes on use of forensic science in investigation. A division bench of Justices Joymalya Bagchi and Biswaroop Chowdhury further elaborated on the various provisions of the...
Only Men Can Be Prosecuted Under 'Gender-Specific' Law Of Sexual Harassment U/S 354A IPC: Calcutta High Court
The Calcutta High Court has recently held that sexual harassment charges under Section 354A of the Indian Penal Code (IPC) cannot be applied against women since the provision specifically begins with the term "a man."A single bench of Justice Ajay Kumar Gupta perused the provision which begins, "[354A. Sexual harassment and punishment for sexual harassment--(1) A man committing any of...