Calcutta High Court Weekly Round-Up 09 September To 15 September, 2024

NOMINAL INDEXBaid Power Services Private Limited vs The Bihar Medical Services and Infrastructure Corporation Limited Citation: 2024 LiveLaw (Cal) 208JATIYATABADI AYINJIBI COUNCIL AND ANR. VS THE UNION OF INDIA AND ORS. Citation: 2024 LiveLaw (Cal) 209Tata Communications Limited Vs Rudrapriya Constructions LLP and Anr. Citation: 2024 LiveLaw (Cal) 210Tapan Kumar Samaddar Vs Sagar Jagdish Daryani And Anr. 2024 LiveLaw (Cal) 211Manik Bhattacharya v State of West Bengal Citation: 2024 LiveLaw (Cal) 212The Secretary Ganaudyog Bazar Unnayan and Service Co-operative Society Limited vs Iris Health Services Limited Citation: 2024 LiveLaw (Cal) 213Gita Refractories Pvt Ltd Vs Tuaman Engineering Limited Citation: 2024 LiveLaw (Cal) 214The Benefit Of Section 14 Of The Limitation Act Can Be Invoked For Exclusion Of Time In A Proceeding Under Section 34 Of The Arbitration And Conciliation Act: Calcutta High CourtCase Title: Baid Power Services Private Limited vs The Bihar Medical Services and Infrastructure Corporation Limited Citation: 2024 LiveLaw (Cal) 208The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that under Section 14 of the Arbitration and Conciliation Act, 1996, the time spent in a writ petition on the same cause of action can be excluded from the limitation period for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. Court Cannot Legislate, Up To State Govt: Calcutta High Court Dismisses PIL Seeking Implementation Of Advocates' Protection LawCase: JATIYATABADI AYINJIBI COUNCIL AND ANR. VS THE UNION OF INDIA AND ORS. Citation: 2024 LiveLaw (Cal) 209The Calcutta High Court division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya has dismissed a public interest litigation seeking the implementation of various protective measures for advocates such as the Advocates Protection Act, which would provide safeguards for advocates to ensure their ability to perform their professional duties without fear or violence or harassment.The petitioner also sought protection to establish a dedicated monitoring committee or task force to oversee the implementation of the guidelines. and a direction to immediately install and maintain functional CCTV cameras in all the critical areas and to direct the authorities to establish a dedicated cell or mechanism for the prompt registration and investigation of complaints related to threats, harassment or intimidation of advocates.Arbitration Clause In Original Lease Deed Incorporated Into Deed Of Assignment When Deeds Are Interconnected And Consistent: Calcutta High CourtCase Title: Tata Communications Limited Vs Rudrapriya Constructions LLP and Anr. Citation: 2024 LiveLaw (Cal) 210The Calcutta High Court bench of Justice Ravi Krishan Kapur has held that if a deed of assignment is properly interpreted as being interconnected and related to the original lease deed containing an arbitration clause, then the parties intended for the arbitration clause to be included in the deed of assignment. The bench held that interrelationship was not merely superficial but indicative of a deliberate and mutual intent between the parties to incorporate certain terms from the initial lease deed into the new agreement.Disputes Exceeding Rent Control Act Threshold Are Arbitrable If Lease Agreement Includes Arbitration Clause: Calcutta High CourtCase Title: Tapan Kumar Samaddar Vs Sagar Jagdish Daryani And Anr. Citation: 2024 LiveLaw (Cal) 211The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that when the total monthly payable amount surpasses the threshold for invoking the provisions of the Rent Control Act, the dispute becomes subject to arbitration if the lease agreement contains an arbitration clause. Further, the bench held that in a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, the court is not permitted to examine the merits of the disputes between the parties.Calcutta High Court Grants Bail To Trinamool Congress Leader Manik Bhattacharya In Recruitment Scam CaseCase: Manik Bhattacharya v State of West Bengal Citation: 2024 LiveLaw (Cal) 212The Calcutta High Court has granted bail to Trinamool Congress (TMC) leader and former MLA Manik Bhattacharya, accused in the cash-for-jobs recruitment scam case. Notably, two earlier pleas for bail by Bhattacharya had been dismissed by the court.A single bench of Justice Suvra Ghosh relied on the Supreme Court's order in Manish Sisodia's case and held:As observed by the Hon'ble Supreme Court time and again, prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial and in such a case Article 21 applies irrespective of the seriousness of the crime. With regard to the apprehension of the petitioner influencing the witnesses, stringent conditions can be imposed upon him to address the concern. The attendance of the petitioner may also be secured by ...

Calcutta High Court Weekly Round-Up 09 September To 15 September, 2024

Srinjoy Das