Calcutta High Court Weekly Round-Up: September 11 To September 17, 2023

NOMINAL INDEXRohan Builders (India) Pvt. Ltd. v Berger Paints India Limited & connected applications 2023 LiveLaw (Cal) 266Samsuddin Sk. & Ors. Vs. State of West Bengal 2023 LiveLaw (Cal) 273G. Venkatesh Babu & Anr. V The State Of West Bengal & Anr. 2023 LiveLaw (Cal) 274Hemanta Barman V The State Of West Bengal 2023 LiveLaw (Cal) 275Thakurani Shree Shree Durga Mata Jew, & Ors. v Kangali Charan Raul & Anr. 2023 LiveLaw (Cal) 276Paramita Bera & Anr. V The Union of India & Ors. 2023 LiveLaw (Cal) 277Yeasin Molla & Ors. -Vs- Union of India & Ors. 2023 LiveLaw (Cal) 278Pawan Kumar Agarwal –Vs- The State of West Bengal & Anr. & connected applications 2023 LiveLaw (Cal) 279Smt. Meghna Nandi (Maiti) Vs. Sri Asit Nandi & Anr. 2023 LiveLaw (Cal) 280Sahim Hossain & Ors. Vs. The State of West Bengal & Ors. and connected applications 2023 LiveLaw (Cal) 281Suily Banerjee -Vs.- The State of West Bengal & Ors. 2023 LiveLaw (Cal) 282Sri Uttam Kumar Das v Bangiya Gramin Vikash Bank & Ors. 2023 LiveLaw (Cal) 283Arbitration Act | Tribunal’s Mandate Terminates U/S 29A Unless Extended During Subsistence: Calcutta High CourtCase: Rohan Builders (India) Pvt. Ltd. v Berger Paints India Limited & connected applicationsCitation: 2023 LiveLaw (Cal) 266The Calcutta High Court has recently held that the mandate of an arbitral tribunal is held to be terminated under Section 29A of the Arbitration & Conciliation Act, 1996, (“1996 Act”), unless the same is extended during its subsistence, in the absence of which, an arbitrator would become de jure inadmissible.In disposing of three arbitration petitions containing the aforesaid identical point of law, a single-bench of Justice Moushumi Bhattacharya held:Section 29-A of The Arbitration and Conciliation Act, 1996 contemplates making of the award within the prescribed statutory timelines. The timelines are to be read as mandatory limits where the arbitrator and the parties to the arbitration are required to be conscious and vigilant of the cut-off dates for applying for extension of the mandate of the arbitral tribunal. The application for extension must be made during continuation of the mandate and not thereafter. If the arbitral tribunal proceeds to make an award after expiry of the timelines, the award would suffer from a jurisdictional error. This is by reason of the fact that there is no provision for renewal of mandate of the tribunal once it stands terminated by operation of law.Life Sentence Inadequate Only When Reform Impossible: Calcutta High Court Refuses Death Penalty For Minor's Rape & Murder ConvictionsCase: Samsuddin Sk. & Ors. Vs. State of West BengalCitation: 2023 LiveLaw (Cal) 273The Calcutta High Court has upheld the conviction of four persons under Section 302 and 376(2)(g) of the IPC, for the rape and murder of a minor girl in 2004.However, refusing to impose punishment of death penalty, a bench of Justices Joymalya Bagchi and Gaurang Kanth referred to Supreme Court’s decision in Bachan Singh’s case and held:It is true the appellants have perpetrated the most brutal act of rape and murder of a minor child. The offence is a heinous one and needs strongest condemnation from society. However, nature and gravity of offence is not the only criteria on which imposition of death penalty depends…the Court must satisfy its conscience that the possibility of reformation and rehabilitation of the convict is completely ruled out and the sentence of life imprisonment is thereby rendered inadequate. Reports have been filed before us. All the reports show that their conduct in jail is satisfactory. In these circumstances after lapse of 17 years I do not find any justification to enhance the life sentences of the appellants to the extreme and irreversible sentence of death.Agreement Between Companies, Case Against Directors Cannot Survive Without Impleading Firm: Calcutta High Court Quashes Cheating CaseCase: G. Venkatesh Babu & Anr. V The State Of West Bengal & Anr.Citation: 2023 LiveLaw (Cal) 274The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently quashed criminal cases against the MD and Director of Lanco Infratech Limited, who had been accused of inter alia cheating, by one of their industrial oxygen suppliers, who alleged that in the course of business, the accused had failed to return back empty cylinders, thereby misappropriating approx. Rs 38 lakhs worth of oxygen cylinders.In allowing the petitioners’ application, a single-bench of Justice Siddhartha Ray Chowdhury held:Upon considering facts and circumstances of the case, I am of the view that the criminal proceeding being C.R. Case No. 11 of 2019 is attended with malafide as the complainant initiated the proceeding suppressing the material fact knowing fully well that the company and the accused persons no. 2 and 3 being the alter ego of the company had no authority to deal with the fund of the company to transfer the same. That apart the agreement was entered into by and between the companies. Therefore, at all ...

Calcutta High Court Weekly Round-Up: September 11 To September 17, 2023

Srinjoy Das

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