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 Court at Burdwan seeking compensation from him.While doing so, the bench of Justice Shampa Dutt (Paul) observed that the prayer of the husband that the case may be transferred to any Court of law except Burdwan court demonstrated that his only intention was to harass his wife.Order Of Emergency Arbitrator In Foreign Seated Arbitration, Can Be Considered While Dealing With Section 9 Application: Calcutta High CourtCase Title: Uphealth Holdings Inc versus Glocal Healthcare Systems Pvt. Ltd. & Ors.Citation: 2023 LiveLaw (Cal) 2The Calcutta High Court has allowed the application filed under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act), seeking interim measures granted by the Emergency Arbitrator under the ICC Arbitration Rules.The bench of Justice Ravi Krishan Kapur noted that the A&C Act does not provide for enforcement of orders passed by an Emergency Arbitrator in cases of a foreign seated arbitration. However, it observed that both the parties had participated in the proceeding before the Emergency Arbitrator and had agreed to be bound by its order, which was well-reasoned and elaborate. Thus, the Court concluded that the order of the Emergency Arbitrator can be taken into account at the stage of considering a Section 9 application.Tribunal Being Fact-Finding Body, Unless Perversity Shown, High Court Can't Interfere: Calcutta High CourtCase Title: PCIT Versus Britannia Industries Ltd. Citation: 2023 LiveLaw (Cal) 3The Calcutta High Court has held that unless and until the order passed by the Tribunal suffers from any perversity or ignores any vital fact in an appeal under Section 260A of the Income Tax Act, the Court is not expected to interfere with the order.The division bench of Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya has observed that the issues related to an erroneous and prejudicial order and the lack of proper inquiry on which the show-cause notice under Section 263 was issued are fully factual. The Tribunal, which is the last fact-finding authority, has elaborately considered the factual position and granted relief to the assessee.Transgender Identity Cards: Calcutta High Court Asks District Magistrates To Process All Valid Applications Within Time FrameCase Title: Samrat Bhattacharyya v. Union of India and Others Citation: 2023 LiveLaw (Cal) 4The Calcutta High Court has asked the authorities in West Bengal to process the pending valid applications for issuance of identity cards to transgender persons and decide the same within a month, in accordance with the criteria stipulated under the Transgender Persons (Protection of Rights) Act, 2019.The court passed the order while directing Kolkata District Magistrate to issue transgender ID card to Samrat Bhattacharyya, who in a petition alleged that the authority failed to issue a card despite the application having been submitted on the National Portal in or around the month of March, 2022.Non-Payment Of MGNREGA Wages| 'Take Action In 3 Months If Representation Filed': Calcutta HC Directs Purulia DMCase title - Paschim Banga Khet Mazdoor Samity and another vs. The Union of India and othersCitation: 2023 LiveLaw (Cal) 5UAPA Accused In Custody Since 3 Yrs, Only One Of 54 Witnesses Examined: Calcutta High Court Grants BailCase Title: In the matter of : Sk. Rejaul @ Kiran @ RutuCitation: 2023 LiveLaw (Cal) 6The Calcutta High Court granted bail to an accused in a case registered under the Unlawful Activities (Prevention) Act after observing that there has been an inordinate delay in conclusion of the trial, thereby infringing upon the accused's fundamental rights.A division bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta took into consideration that the accused had spent three years in custody and that there is no certainty as to when the trial would conclude.'Depressed' CCL Dies By Suicide In JJ Home, 'Incident Unsettled Us To The Core': Calcutta HC Seeks Accountability Of AuthoritiesCase title - Labu Islam vs. State of West BengalCase Citation: 2023 LiveLaw (Cal) 7The Calcutta High Court took note of an incident wherein a child in conflict with law (CCL), whose bail plea was pending before the High Court in connection with an NDPS Act, died by suicide saying that the incident unsettled it to the core.Observing that CCL can't be reduced to a mere static, the bench of Justice Moushumi Bhattacharya and Justice Siddhartha Roy Chowdhury made the following observations:"We believe that Judges, Judicial Officers, prosecutors, defence counsel, law enforcement agencies and all those who set the wheels of justice in motion and keep ...

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

Srinjoy Das

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