Calcutta High Court Weekly Round-Up: November 4th To November, 10th, 2024

NOMINAL INDEXSMT SONIA DHIR AND ANR. VS PRESTAR INFRASTRUCTURE PROJECTS LIMITED Citation: 2024 LiveLaw (Cal) 229ASHUNATH BHATTACHARJEE VS STATE OF WEST BENGAL Citation: 2024 LiveLaw (Cal) 230STATE OF WEST BENGAL AND ORS VS REBEKA KHATUN MOLLA ALIAS REBEKA MOLLA AND ORS Citation: 2024 LiveLaw (Cal) 231Gautam Ray Vs. State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 232Bally Sarvajanik Chath Puja Samity & Ors Vs The State of West Bengal & Ors Citation: 2024 LiveLaw (Cal) 233Kailash Vijayvargiya Versus The State of West Bengal and Another Citation: 2024 LiveLaw (Cal) 234PRAJNA PAROMITA SEN AND ANR. VS STATE OF WEST BENGAL AND ORS. Citation: 2024 LiveLaw (Cal) 235Rajib Kumar Jha Versus Union of India & Ors. Citation: 2024 LiveLaw (Cal) 236ABDUL KALIM @ AZAD @ ABDUL KALAM VS STATE OF WEST BENGAL Citation: 2024 LiveLaw (Cal) 237Composite Reference May Be Made When Two Contracts Are So Intertwined That Separate Arbitral Proceedings Would Prejudice Parties: Calcutta HCCase Title: SMT SONIA DHIR AND ANR. VS PRESTAR INFRASTRUCTURE PROJECTS LIMITED Citation: 2024 LiveLaw (Cal) 229The Calcutta High Court Bench of Justice Sabyasachi Bhattacharya affirmed that when two or more contracts are so intertwined with each other so as to prejudice the parties should separate arbitrations be held, a composite reference of both the contracts can be made to the Arbitrator. The present application under Section 11 of the Arbitration and Conciliation Act, 1996 arises out of a dispute pertaining to two different agreements between the parties. The first agreement, being a leave and licence agreement, was entered into between the petitioner no.2, a company, and the respondent with regard to a particular property.The second agreement, which is a service agreement, was also entered into on the same day i.e., on July 18, 2023 between the respondent and the petitioner no.1, who is the wife of one of the erstwhile directors of the petitioner no.2 and also herself a director of the petitioner no.2 company.Married Police Personnel Cohabiting With Another Person Is Unbecoming Of His Status: Calcutta High CourtCase: ASHUNATH BHATTACHARJEE VS STATE OF WEST BENGALCitation: 2024 LiveLaw (Cal) 230The Calcutta High Court has observed that a police official cohabiting with another person during the presence of their spouse is "unbecoming of their status." The court was dealing with a prayer for anticipatory bail in a case under Sections 307, 498A, 406 IPC against a police officer who was allegedly in a relationship with a practising advocate. Both parties were allegedly married to separate spouses and had children from their respective marriages. It was argued by the petitioner that since their relationship soured, he was falsely accused by the complainant.Calcutta High Court Upholds CBI Probe Into Allegations Of Custodial Torture By Accused Arrested For Threatening Abhishek Banerjee's DaughterCase: STATE OF WEST BENGAL AND ORS VS REBEKA KHATUN MOLLA ALIAS REBEKA MOLLA AND ORS Citation: 2024 LiveLaw (Cal) 231The Calcutta High Court division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya has upheld a single bench's order directing a CBI probe into allegations of custodial torture by the accused arrested for allegedly threatening Trinamool Congress MP Abhishek Banerjee's daughter.Earlier, a single bench of Justice Rajarshi Bharadwaj had ordered a CBI probe into the allegations.Calcutta High Court Directs Police Protection For Puja Committee Holding 'Jagadhatri Puja' At Durga MandirCase: Gautam Ray Vs. State of West Bengal & Ors.Citation: 2024 LiveLaw (Cal) 232The Calcutta High Court has directed the state to provide police protection to the puja committee conducting Jagadhatri Puja at Sarkar Para Durga Mandir, in a plea by the committee seeking necessary permissions and protections for organising the puja. A single bench of Justice Jay Sengupta held: "As the petitioner had been holding the said Jagadhatri Puja at the said venue admittedly for sometime and they have obtained all other necessary permissions for this year, there should not be any impediment upon them to hold the said Jagadhatri Puja this year. In view of the above, let the local police make all necessary arrangements in and around the venue for the petitioner to celebrate and holding Jagadhatri Puja at the said venue. The Officer-in-Charge of the local Police Station shall ensure that no breach of peace takes place and would deploy adequate number of police personnel for such purpose."Calcutta High Court Declines Owners' Plea To Recall Order Permitting Usage Of Their Property's 'Ghat' For Celebration Of Chhath PujaCase: Bally Sarvajanik Chath Puja Samity & Ors Vs The State of West Bengal & Ors Citation: 2024 LiveLaw (Cal) 233The Calcutta High Court has declined an intervention application by the owner of a property seeking to recall the court's earlier order allowing the usage of a ghat (river bank) situated on the premises of the property for the...

Calcutta High Court Weekly Round-Up: November 4th To November, 10th, 2024

Srinjoy Das