Calcutta High Court
Only Genuine Perceptions Revealed Before Death: Calcutta HC Declines To Quash Abetment Case Against Wife Implicated In Husband’s 'Suicide Note'
The Calcutta High Court has dismissed a Section 482 CrPC application filed by a wife, for quashing criminal proceedings initiated against her under Section 306 IPC for abetment to suicide of her deceased husband.The younger brother of the deceased, upon his suicidal death in 2015, approached the jurisdictional police station and filed an FIR, alleging that the victim had ended his life due to...
S.37 Court Must Be Circumspect When Interfering With Arbitrator’s Interim Orders: Calcutta HC Preserves Deceased LLP Partner’s Share
The Calcutta High Court has recently held that a Court exercising powers under Section 37 of the Arbitration & Conciliation Act, 1996 (“1996 Act”) must be circumspect in its interference with interim orders of an arbitrator.In refusing to interfere with the order passed under Section 17 of the 1996 Act, for preserving the share of a deceased LLP partner, amounting to approx. Rs 6...
Calcutta High Court Allows Use Of Musical Instruments In ‘Rash Festival Yatra’ But Within Permissible Sound Limits
The Calcutta High Court has allowed a plea for the usage of musical instruments such as 'khol', 'kartal', etc. which was claimed to be an essential religious practice in the 'shobha yatra' during the festival of 'Rash Purnima.'In allowing the plea, a single bench of Justice Jay Sengupta held:"It appears from the report that the Committee, which is in charge of holding the Rash Utsab, had...
Company Taking Calculated Business Risk Cannot Challenge Root Of Contract Merely Due To Change In Tax Laws: Calcutta HC Denies GST Refund
The Calcutta High Court has recently dismissed writ petitions by M/s Kayal Construction, which had been awarded tenders floated by the state government, on the condition that the petitioner would bear expenses for all the taxes/cess payable.Petitioners contended that the rates for the taxes/cess payable had been specified in the terms of contract, and that due to the subsequent implementation...
WB Panchayat Polls: High Court Grants Additional Time To SEC Head Rajiva Sinha To Respond To Contempt Rule
The Calcutta High Court on Friday granted additional time to West Bengal Chief Election Commissioner Rajiva Sinha, to respond to the contempt rule issued against him in October this year. The contempt rule was issued against Sinha and the SEC for alleged violation of Court orders pertaining to the deployment of central forces during the Panchayat polls, which led to large-scale violence and...
Rallies Are A 'Regular Feature' In Bengal: High Court Dismisses State's Appeal Against BJP Rally In Kolkata
The Calcutta High Court on Friday dismissed an appeal preferred by the West Bengal government against the order of a single-bench which permitting BJP rally near Victoria House in Kolkata on the 29th of November. Earlier, a single bench of Justice Rajasekhar Mantha had allowed the rally upon taking exception to non-application of mind shown through the "computerised rejections" by the...
Calcutta HC Sets Aside 33 Yrs Old Conviction Under Essential Commodities Act, Says No Mens Rea In Omitting License Number From Shop’s Cash Memo
The Calcutta High Court recently acquitted an individual who, in 1990, was found guilty by the trial court under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (“EC Act”) for violation of the WB Cloth and Yarn Order 1960, and sentenced to undergo imprisonment for one month along with fine. In holding that the trial judge had erred in appreciating the guidelines framed by...
IIT KGP Student Death: SIT To Interrogate Students After Exams, Calcutta High Court Told
The Special Investigation Team, probing the death of a student under allegedly suspicious circumstances at IIT Kharagpur which occurred in October 2022, has informed the Calcutta High Court that one of the reasons why the investigation is still pending is that they are yet to interrogate the students of the Institute.Before a single-bench of Justice Jay Sengupta, the Investigating agency...
MSMED Act Does Not Prevent Interim Relief Under Section 9 Of The A&C Act, Before Approaching Facilitation Council : Calcutta High Court
The Calcutta High Court has held that MSMED Act does not prevent a party from seeking an interim relief under Section 9 of the A&C Act anytime before approaching the Facilitation Council. The bench of Justice Sabyasachi Bhattacharyya held that the reference of dispute to facilitation council cannot be refused merely on the ground that before making such a reference under Section...
Writ Petition Not Maintainable, Exists Arbitration Clause To Look Into Disputed Facts: Calcutta High Court
The High Court of Calcutta has held that a writ petition would not be maintainable due to an alternative remedy in the form of arbitration when the petition involves disputed questions of facts that requires detailed assessment. The bench of Justice Sabyasachi Bhattacharya held that availability of alternative remedy is not always a bar to the maintainability of the...
Calcutta High Court Dismisses Plea Challenging WB Medical Council Appointments, Says No Gross Illegality In Nomination Process
The Calcutta High Court has recently dismissed a plea which challenged appointments to the West Bengal Medical Council (“WBMC”), and sought for dissolution of the entire Council.A single-bench of Justice Sabyasachi Bhattacharya noted that while the plea pertained to dissolution of the entire council, arguments and pleadings had only been advanced against the election of the President and...
Arbitration Clause Contained In The Tax Invoice Is Binding When The Terms And Conditions Of The Invoice Were Accepted And Acted Upon: Calcutta High Court
The High Court of Calcutta has held that an arbitration clause contained in a tax invoice would be binding on the parties when the terms and conditions contained therein were accepted and acted upon by the parties. The bench of Justice Shekhar B. Saraf held that when a party accepts an invoice incorporating a clearly visible arbitration clause and subsequently acts in accordance with...