Calcutta High Court Weekly Round-Up: 26th August To 1st September, 2024

NOMINAL INDEXDamodar Valley Corporation Vs BLA Projects Pvt. Ltd. Citation: 2024 LiveLaw (Cal) 192Vishambhar Saran -Vs.- Bureau Of Immigration & Ors. Citation: 2024 LiveLaw (Cal) 193Mayukh Biswas vs State of West Bengal Citation: 2024 LiveLaw (Cal) 194Dr. Partha Biswas Vs. The State of West Bengal & Ors Citation: 2024 LiveLaw (Cal) 195Sanjoy Das v Registrar General, Calcutta High Court Citation: 2024 LiveLaw (Cal) 196Sanjoy Das v State of West Bengal Citation: 2024 LiveLaw (Cal) 197Suklal Singh & Anr. -Vs. The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 198Sajarul Rahaman And Anr vs Srei Equipment Finance Limited And Anr and Connected Matters Citation: 2024 LiveLaw (Cal) 199Debranjan Banerjee Vs. The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 200Subal Makhal -Versus- Indian Red Cross Society & Ors. Citation: 2024 LiveLaw (Cal) 201Anjali Lahiri v State of West Bengal Citation: 2024 LiveLaw (Cal) 202Marg Limited Vs Srei Equipment Finance Limited And Connected Matters Citation: 2024 LiveLaw (Cal) 203Case Title: Kakali Khasnobis Vs Mrs Reeta Paul And Anr. Citation: 2024 LiveLaw (Cal) 204Bengal Shelter Housing Development Limited Vs The Kolkata Municipal Corporation Citation: 2024 LiveLaw (Cal) 205ORDERS/JUDGEMENTSSection 34 Challenge Unwarranted If Arbitrator's Judgment Is Well-Reasoned And Based On Evidence: Calcutta High CourtCase Title: Damodar Valley Corporation Vs BLA Projects Pvt. Ltd. Citation: 2024 LiveLaw (Cal) 192The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that if an Arbitrator's judgment is well-reasoned and backed by substantial evidence, there are no grounds to challenge it under Section 34 of the Arbitration and Conciliation Act, 1996. The matter pertained to a dispute between BLA Projects Private Limited (the claimant/respondent) and Damodar Valley Corporation (DVC) (the petitioner). In the arbitration proceedings, BLA Projects claimed under seven heads, of which four claims were granted by the arbitrator. DVC's counterclaims on two counts were dismissed. Feeling aggrieved, the Petitioner approached the High Court and filed a challenge under Section 34 of the Arbitration and Conciliation 1996.Mere Apprehension That Person Would Flee India Is Not Enough To Issue Look Out Circular: Calcutta High CourtCase Title: Vishambhar Saran -Vs.- Bureau Of Immigration & Ors. Citation: 2024 LiveLaw (Cal) 193The Calcutta High Court bench of Justice Shampa Sarkar has held that mere apprehension that a person would flee India and no steps could be taken to recover the money is not enough to issue a Look Out Circular (LOC) against him. The matter pertained to a writ petition which was filed by an erstwhile Director of Visa Power Limited ("company in liquidation"). The Petitioner argued that he was never a whole-time director of the company, which is undergoing liquidation following an order issued by the National Company Law Tribunal (NCLT) in Kolkata. The company obtained credit facilities from a consortium of banks, with Punjab National Bank (PNB) as the lead bank. This credit was intended for setting up a thermal power project in Raigarh district, Chhattisgarh, sanctioned around March 2010. However, due to the Supreme Court's decision canceling coal blocks, the thermal plant could not be established and operationalized thwarting the project's goal to supply power to contractors given coal block allocations.Calcutta High Court Quashes Ban On Football Supporters Entering Stadium With 'Tifo' Demanding Justice For RG Kar Rape-Murder VictimCase: Mayukh Biswas vs State of West Bengal Citation: 2024 LiveLaw (Cal) 194 The Calcutta High Court has set aside a state government order banning supporters of Mohun Bagan Football Club from entering the Salt Lake Stadium with a large 'tifo' protesting the rape and murder of a trainee doctor at RG Kar Medical College and Hospital, during their team's match. A division bench of Justices Harish Tandon and Hiranmay Bhattacharya held: These activities are acclaimed as the sports activities of enjoyment and amusement but also inculcating a sense of discipline and, therefore, the supporters by using 'TIFO' are more responsive and used it for showing support to the team or its members to encourage them in order to achieve the desired result as expected by the said supporters. 'TIFO' means a flag or picture held up by the supporters of a team in a football match and, therefore, those displays are made for a short period of time or at intervals. Obviously, the viewers while using those 'TIFO' are conscious of their fellow viewers and, therefore, there should not be an apprehension of the State in this respect.Gathering For Lawful Purposes Should Not Be Restricted Without Imminent Threat To Public Order: Calcutta High CourtCase Title: Dr. Partha Biswas Vs. The State of West Bengal & Ors Citation: 2024 LiveLaw (Cal) 195The Calcutta High Court bench of Justice Rajarshi Bharadwaj has held that if a gathering is not intended...

Calcutta High Court Weekly Round-Up: 26th August To 1st September, 2024

Srinjoy Das