Calcutta High Court Weekly Round-Up February 12 To February 18, 2024

Rolta Infrastructure and Technology Services Private Limited vs Department of Information Technology And Electronics, Government of West Bengal 2024 LiveLaw (Cal) 45

Ex. CT. Vijay Prakash v Union of India and Ors 2024 LiveLaw (Cal) 46

Sanjay Biswas v State 2024 LiveLaw (Cal) 47

Tarit Mitra and Anr. vs Sharad Goenka 2024 LiveLaw (Cal) 48

M/s Arati Marketing Pvt. Ltd. Vs Union of India & Ors. 2024 LiveLaw (Cal) 49

ORDERS/JUDGEMENTS

Arbitration And Conciliation Act Does Not Overlap West Bengal Public Land Act: Calcutta High Court

Citation 2024 LiveLaw (Cal) 45

Case Title: Rolta Infrastructure and Technology Services Private Limited vs Department of Information Technology And Electronics, Government of West Bengal

The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that there exists no conflict between the Arbitration and Conciliation Act, 1996, and the provisions of The West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962. It held that both statutes operate within distinct domains and do not overlap in their scope or application.

Calcutta High Court Commutes Life Sentence Of Border Security Force Constable Who Fired 20 Rounds Of Bullets Resulting In Civilian's Death

Citation: 2024 LiveLaw (Cal) 46

Case: Ex. CT. Vijay Prakash v Union of India and Ors

The Calcutta High Court in a plea under Article 226 of the Constitution has commuted the murder charges against a Border Security Force (BSF) soldier to attempt to murder, for the offense of firing 20 rounds of bullets, which resulted in the death of a civilian.

A single bench of Justice Ajay Kumar Gupta commuted the charges under Sections 302 (murder) & 307 IPC (attempt to murder) to Sections 304 (culpable homicide not amounting to murder) & 308 IPC (attempt to culpable homicide), and directed for the release of the ex-soldier for the 11-year imprisonment already undergone. 

[S.53A CrPC] Filling Gaps Of Prosecution Case By Seeking DNA Profiling Of Accused After Completion Of Investigation Offends Article 21: Calcutta HC

Citation: 2024 LiveLaw (Cal) 47

Case: SANJAY BISWAS v THE STATE

The Calcutta High Court has held that filling up gaps in the prosecution case by invoking Section 53A (examination of person accused of rape by medical practitioner) of the Criminal Procedure Code (CrPC) would offend Article 21 of the Constitution.

A single bench of Justice Moushumi Bhattacharya sitting at the High Court's Circuit Bench at Port Blair held:

It is clear from the facts of the present case that the prosecution sought to fill in the gaps in its case by applying for DNA profiling. Diversion of the procedure established under the Cr.PC or creating a procedure unknown to law raises the presumption of arbitrariness which is violative of rights of the accused. Article 21 of the Constitution embodies a fair trial and presumes that every person will have the benefit of a trial which follows the procedure established by law. The principles of criminal jurisprudence cannot be diluted or bent to justify civil or social considerations which are collateral in nature.

Arbitration Can't Be Inferred From Parties' Conduct Alone, Calcutta High Court Dismisses S. 8 Application Due To Non-Renewal Of Original Agreement

Citation: 2024 LiveLaw (Cal) 48

Case Title: Tarit Mitra and Anr. vs Sharad Goenka

The High Court of Calcutta bench comprising Justice Sugato Majumdar adjudicated on a matter involving a civil suit for possession of premises from the tenants and an application made under Section 8 of the Arbitration and Conciliation Act, 1996 by the tenants seeking to refer the dispute to arbitration based on the tenancy agreement which had expired a few years ago and was not novated or renewed. The High Court emphasized that while the tenancy may be established by conduct, arbitration cannot be inferred from the parties' conduct alone. Therefore, it was concluded that there existed no arbitration agreement within the meaning of Section 7 of the Act.

Provisions Of Section 148 Under Old Regime Including TOLA Can't Be Applied To New Regime: Calcutta High Court

Citation: 2024 LiveLaw (Cal) 49

Case Title: M/s Arati Marketing Pvt. Ltd. Vs Union of India & Ors.

The Calcutta High Court has held that if the provisions of the old regime of Section 148 of the Income Tax Act, including Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA), are read into or applied to the new regime applicable from 01.04.2021, it would also necessarily mean that a provision repealed by the Parliament without any savings and exception clause is applied by the department even after its life has come to an end, which is clearly not permissible in law.

OTHER DEVELOPMENTS

VHP Moves Calcutta High Court Over Lioness Being Named 'Sita' & Housed With Lion Named 'Akbar' At Siliguri Safari Park

The Bengal wing of the Vishwa Hindu Parishad (VHP) has moved the Calcutta High Court's Circuit Bench at Jalpaiguri, challenging the forest department's move to name a lioness 'Sita' and keep it in the same enclosure as a lion named 'Akbar' at Siliguri's Safari park.

According to reports, the pair had been recently brought in from Sepahijala Zoological Park in Tripura, and forest department officials have claimed that they did not rename the lions, but they had already been named before arriving on the 13th of February.

The plea was mentioned before a bench of Justice Saugata Bhattacharyya on 16th February 2024 and has been listed for hearing on 20th February.