Calcutta High Court
Exclusive Jurisdiction Clause Takes Precedence Over Generic Jurisdiction Clause In Another Agreement Between The Parties: Calcutta High Court
The High Court of Calcutta has held that an exclusive jurisdiction clause within the arbitration agreement would override a generic jurisdiction clause contained in another agreement between the parties. The bench of Justice Shekhar B. Saraf held that the moment an arbitration clause confers exclusive jurisdiction on the Court at a particular place or the seat of arbitration...
Calcutta High Court Reprimands Kolkata Police For ‘Computerised Rejection’ Of BJP Rally Permission
The Calcutta High Court has recently reprimanded the Kolkata Police authorities for denying permission to the Bharatiya Janata Party (“BJP”) from holding a rally within Kolkata on two separate occasions, through “auto-generated e-mail communications.”Petitioners contended that their initial application had been rejected through an auto-generated email stipulating that they had not...
48 Yrs After Emergency, Transfer Of 24 HC Judges In One Go Marks Power Shift From Executive To Judiciary: Justice Bibek Chaudhuri On Transfer To Patna
“In 1975, during Emergency, 16 High Court judges were transferred by the Executive in one go, after almost 48 years, 24 High Court judges have been transferred by the SC Collegium in one go. I am one of the beginners in the shifting of power from the Executive to the Judiciary," Justice Bibek Chaudhuri said in a ‘farewell’ ceremony hosted by the Calcutta High Court upon his transfer...
Balance Public Interest With Sustainability: Calcutta High Court Refuses Permission To Uproot Trees For Metro Rail Construction
The Calcutta High Court has recently refused to pass any orders allowing the Rail Vikas Nigam Limited (“RVNL”) to uproot in excess of 700 trees in Kolkata’s Maidan area for construction of a new metro railway line.In refusing to vacate an earlier order of a co-ordinate vacation bench preventing the uprooting of trees, a division bench of Chief Justice TS Sivagnanam and Justice...
‘Will Aid Judicial & Administrative Functioning’: Calcutta HC Announces 1000 Laptops For Judicial Officers Of WB, Andaman & Nicobar
The Calcutta High Court hosted a programme for the distribution of 1000 new laptops to the judicial officers of West Bengal and the Andaman and Nicobar Islands. The ceremony was presided over by Chief Justice TS Sivagnanam, who was joined by members of the High Court Computer Committee, Justice Tapabrata Chakroborty, Justice Moushumi Bhattacharya and Justice Debangshu Basak.Chief...
Calcutta HC Sets Aside Bank’s Complaint Against Alleged ‘Wilful Defaulter,’ Says Arbitrariness Infringes Individual’s Right To Equality
The Calcutta High Court has set aside a complaint lodged by Punjab National Bank (“PNB”) against the petitioner, requesting the CBI to register an FIR against the petitioner on basis of the complaint due to the petitioner being allegedly construed as a “wilful defaulter” under the Master Circular on Wilful Defaulters issued by the Reserve Bank of India (RBI) in 2015.Petitioner...
All-Time High Unemployment Due To Hurdles Created By ‘Petty Technicalities’ & Misuse Of Discretionary Powers: Calcutta HC
The Calcutta High Court has recently observed that the lack of efficient mechanisms in providing employment to youth, has led to a large percentage of the country’s population being unemployed.Court was dealing with challenges against the action of the Additional District Inspector of Schools (SE), Purba Medinapur in the recruitment process to hire one clerk and two laboratory attendants,...
Family Of Person Who Died In Police Custody Approach Calcutta HC For Video-Graphed Post Mortem, Allege Custodial Torture
The Calcutta High Court on Thursday heard mentioning of a plea by an advocate, alleging foul play in the custodial death of a man who was called for questioning by the Kolkata Police, to Amherst Street Police Station, yesterday.A division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya were told that within a few hours of the man being called for questioning, his family...
West Bengal’s Advocate General Soumendra Nath Mookherjee Resigns From Office
West Bengal’s Advocate General (“AG”) SN Mookerjee resigned from his office, yesterday on 10th November. In a letter addressed to the Governor of West Bengal, CV Ananda Bose, Mookherjee tendered his resignation, but refused to assign any specific reasons for the same.Mookherjee, who hails from a family of lawyers, had been appointed as AG on 15th September 2021, in wake of the 2021...
NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions
The Calcutta High Court has recently suspended the convictions and 15-year prison sentences of four persons under the Narcotic Drugs & Psychotropic Substances Act (“NDPS Act”), for the alleged possession of commercial quantities of cannabis.In allowing the application for suspension of sentence and bail under Section 389(1) of the CrPC, pending the disposal of the final appeal, a...
Calcutta High Court Grants Bail To NDPS Accused, Says No Reason To Obligate Them To Rigors Of S.37 In Absence Of Forensic Report
A Calcutta High Court vacation bench comprising Justices Sabyasachi Bhattacharya and Partha Sarathi Chatterjee have granted bail to the petitioners who had been accused under the NDPS Act, upon noting that the rigors of Section 37 of the NDPS Act which requires a Court to only grant bail if there are reasonable grounds to believe the accused are not guilty and will not reoffend, would not...
No ‘Contra-Indicia’ To Un-Seat Venue: Calcutta High Court Reiterates The Law On Seat & Venue In Arbitral Proceedings.
The Calcutta High Court has held that the venue for arbitration, as decided by the parties under their contractual agreement would automatically be the seat for arbitration, in the absence of any ‘contra-indicia.’In rejecting jurisdictional objections on its competence to entertain an application under Section 34 of the Arbitration & Conciliation Act, 1996 (“A & C Act”)...