Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage

The Calcutta High Court has recently held that a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act (HMA).In allowing the husband's plea for dissolution of marriage, a division bench of Justice Harish Tandon...

Cash For Jobs Scam | Plea In Calcutta High Court Against Accused Sujoy Krishna Bhadra For Stalling ED Probe By Getting Admitted To Hospital

The Calcutta High Court on Tuesday heard a plea mentioned by an advocate against Recruitment scam accused Sujoy Krishna Bhadra alias 'Kalighater Kaku.'The plea filed as a public interest litigation was mentioned before a division bench of Chief Justice TS Sivagananam and Justice Supratim Bhattacharya. It was argued that Bhadra had allegedly booked out a block for himself at SSKM hospital...

Wife Making Allegations Of Mental Illness Against Husband's Mother Not 'Cruelty': Calcutta High Court Dismisses Plea For Marriage Dissolution

The Calcutta High Court has recently dismissed an appeal by a husband challenging the decision of the trial court which dismissed his prayer for dissolution of marriage with his wife, granting him a decree of judicial separation instead. The petitioner/husband had alleged that the wife had committed acts of 'mental cruelty' by alleging that the petitioner's mother had a mental...

Use Of 'Silk' To Denote Paint's Finish Customary, Can't Be Protected As Trademark: Calcutta High Court Dismisses Berger's Plea Against JSW Paints

The Calcutta High Court recently dismissed an interim injunction application in a suit filed by Berger Paints to restrain JSW Paints from using the term 'SILK' in conjunction with their product range sold under the trademark 'HALO'.A single bench of Justice Krishna Rao held:The use of the expression “SILK” for paint finish is customary in the trade and is not capable of being protected...

Social Boycott Of Citizen Has No Place In Civilised Society, Must Be Strictly Dealt With By Admin: Calcutta High Court

Any social boycott of a citizen or his family member has to be dealt with strictly by the Administration. This has no place in a civilized society, the Calcutta High Court vacation bench observed in a case wherein a man and his family had been boycotted by their neighbourhood because they objected to, and obtained an interim order of injunction against a temple being constructed by the...

Calcutta High Court Annual Digest 2023 [PART- II] (Citations 148-353)

ORDERS/JUDGEMENTS“Reasons Are The Foundation Of Any Order": Calcutta High Court Allows Decco's Appeal Against Rejection Of Patent ApplicationCase: Decco Worldwide Post Harvest Holdings B.V & Anr. V The Controller of Patents and Designs & Anr. Citation: 2023 LiveLaw (Cal) 148The Calcutta High Court recently set aside an order passed by the Assistant Controller of Patents and...

[Medical Negligence] West Bengal Clinical Establishment Regulatory Commission Cannot Adjudicate Cases Of Medical Negligence: High Court

The Calcutta High Court has recently held that issues of medical negligence cannot be adjudicated by the West Bengal Clinical Establishment Regulatory Commission (WBCERC).In allowing an appeal by the BM Birla Heart Research Centre, and setting aside an order of a single bench directing the appellant to deposit an amount of Rs 15 lakhs out of a total cost of 20 lakhs imposed on it by the...

Calcutta High Court Annual Digest 2023 [PART- I] (Citations 1-147)

ORDERS/JUDGEMENTS"His Intention Is To Harass Wife": Calcutta High Court Dismisses Husband's Plea To Transfer Maintenance Case Filed By WifeCase title - Sk. Sirajuddin vs. The State of West Bengal & Anr.Case Citation: 2023 LiveLaw (Cal) 1The Calcutta High Court recently rejected the prayer of a man seeking to transfer Section 125 CrPC proceedings instituted by his wife before the Family...

Calcutta High Court Monthly Digest: December 2023 [Citations 339-351]

NOMINAL INDEXManik Brahma Versus The State of West Bengal & Ors. 2023 LiveLaw (Cal) 339Rubi Khatun Versus The State of West Bengal & Ors. 2023 LiveLaw (Cal) 340Manish Todi vs Pawan Agarwal 2023 LiveLaw (Cal) 341New Kenilworth Hotel Private Limited and another v State of West Bengal and others 2023 LiveLaw (Cal) 342Gopal Seth Vs. Election Commission of India and others 2023 LiveLaw...

Arbitration Act Envisages Complete Consensus On All Points, Consensual Dispute Resolution Forms Its 'Leitmotif': Calcutta High Court

The Calcutta High Court has recently allowed a plea for the appointment of a sole arbitrator by M/s Mehrotra Buildcon Pvt Ltd, to adjudicate over its dispute with the South Eastern Railway (SER).In allowing the petitioner's application under Section 11 of the Arbitration & Conciliation Act, 1996 ("Act"), by calling out the restrictive clause in the General Conditions of Contract ("GCC")...

Calcutta High Court Stays Defamation Proceedings Against 'Bongo TV' Journalist Over Interview With BJP Leader Who Criticised Ex-TMC MP

The Calcutta High Court recently stayed proceedings in an FIR lodged against 'Bongo TV' Journalist Rojina Rahaman for conducting an interview with a Bharatiya Janata Party (BJP) Councillor who expressed critical views concerning a former Trinamool Congress (TMC) Member of Parliament (MP). The FIR, lodged against Rahaman under Sections 500 and 505 (2) r/wSection 120B IPC, alleged that...

Calcutta High Court Bids Farewell To Justice Siddhartha Roy Chowdhury On Occasion Of His Retirement

The Calcutta High Court today held a full court reference to bid farewell to Justice Siddhartha Roy Chowdhury on the occasion of his retirement. Justice Chowdhury is due to retire on the 27th of December 2023. He spent over thirty years as a judicial officer and was elevated as an additional judge of the Calcutta High Court on 6th June 2022 and made a permanent judge on 28th November 2023. At...