'Strong Prima Facie Case': Calcutta High Court Flags Unfair Exclusion Of IndiaMART By ChatGPT, Defers Interim Relief Pending OpenAI Hearing

The Calcutta High Court has held that IndiaMART has made out a strong prima facie case of selective discrimination after being allegedly excluded from ChatGPT-generated search results, but declined to grant ad-interim relief on the ground that such an order would virtually amount to granting final relief without hearing OpenAI and the other respondents.Justice Ravi Krishan Kapur, sitting in the Intellectual Property Rights Division of the High Court, passed the order on 24 December 2025 in a...

Provisions Of SC/ST Act Not Attracted When Alleged Abuse Is Hurled Over Phone: Calcutta High Court

The Calcutta High Court has observed that where caste-based abuses are allegedly hurled over the telephone and not in public view, the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would not be prima facie attracted, rendering an application for anticipatory bail under the special statute not maintainable.The observation was made by Justice Jay...

Employers Can Withhold Gratuity For Loss Caused By Employee; Disciplinary Rules To Prevail Over Gratuity Act: Calcutta High Court

A Division Bench of the Calcutta High Court comprising Justice Lanusungkum Jamir and Justice Rai Chattopadhyay held that the Payment of Gratuity Act, 1972 does not override disciplinary rules allowing withholding or forfeiture of gratuity for pecuniary loss caused by employee negligence. Background Facts The respondent was a Presidential appointee to the Board of Directors of the MSTC Limited (Appellant). He served as the Chairman and Managing Director (CMD) of MSTC Limited. A...

Arbitration Clause In Expired Lease Cannot Be Invoked To Execute Fresh Lease: Calcutta High Court

The Calcutta High Court has recently held that an arbitration agreement in an expired lease deed cannot be automatically extended to govern disputes relating to the execution of a fresh lease, even if the proposed lease is claimed to arise from prior correspondence between the parties. Justice Aniruddha Roy in an order dated 23 December, 2025, dismissed an application filed by HDFC...

Calcutta High Court Temporarily Bars Use of 'Liv.72' Mark Over Similarity With Himalaya's Liv.52

The Calcutta High Court on Tuesday temporarily restrained Shimla Drugs Health Care Pvt. Ltd. and its associate from using the mark “Liv.72” for a health product, holding that it is deceptively similar to Himalaya Global Holdings Ltd.'s well-known liver health product “Liv.52.” A single bench of Justice Ravi Krishan Kapur observed that the long-standing trademark and packaging...

Calcutta High Court Refuses To Interfere With Probe Into Fiasco At Messi In Kolkata Event, Says SIT & Enquiry Panel Can Continue

The Calcutta High Court on Monday refused interim relief in three PILs arising out of the chaotic Lionel Messi event at Salt Lake Stadium on December 13, 2025. Petitioners, including Suvendu Adhikari, sought transfer of the investigation to an independent/central agency, alleging ticket profiteering, misuse of State machinery, and political shielding.A Bench of Acting Chief Justice Sujoy Paul...

IBC Resolution Doesn't Extinguish Statutory Claims Left Open By NCLT: Calcutta High Court

The Calcutta High Court has clarified that approval of a resolution plan under insolvency law does not wipe out claims that were specifically excluded and left open by the tribunal at the time of approval.A Division Bench of Justices Madhuresh Prasad and Supratim Bhattacharya, in an order dated December 8, 2025, dismissed an appeal filed by S.S. Natural Resources Pvt Ltd and upheld a demand...

Calcutta HC Declines To Interfere With Arbitral Awards In Iron Ore Supply Dispute; Says No Grounds Made Out U/S 34/37 A&C Act

Reaffirming the limited scope of judicial review under the Arbitration and Conciliation Act, the Calcutta High Court has dismissed two connected appeals under Section 37 filed by Orissa Minerals Development Company Ltd. (OMDC), upholding arbitral awards directing payment for excess procurement costs and loss of profits arising from stoppage of iron ore supplies to Jai Balaji Industries.A...

Mesne Profit Claims After IBC Resolution Can Proceed Only Against Former Management: Calcutta High Court

The Calcutta High Court has recently held that proceedings to calculate mesne profits can continue only against a company's former management once a resolution plan is approved under the Insolvency and Bankruptcy Code.Mesne profits refer to the claim arising from unlawfully occupying someone else's property. The court clarified that such proceedings cannot continue against the company itself...

Calcutta High Court Sets Aside Ad-Interim Injunction In JW Marriott Basement Club Dispute Over Lack Of Territorial Jurisdiction

The Calcutta High Court has set aside an ad-interim injunction granted by the City Civil Court in a contractual dispute concerning the “GOLD” club operating from the basement of JW Marriott, Kolkata, holding that the Trial Court lacked territorial jurisdiction.A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, hearing FMAT 495 of 2025 (Fabwarth Promoters Pvt...

Ex-Director Cannot Be Compelled To Represent Company In PMLA Case: Calcutta High Court

The Calcutta High Court has recently held that a former director cannot be forced to represent a company in a money-laundering case after he has left the company. Allowing a criminal revision petition filed by the former director of Dish Pruduction and Media Ltd, a bench of Justice Ajoy Kumar Mukherjee ruled that the prosecution has no power to decide who should appear on behalf of a company...

ITC Cannot Be Denied To Purchasing Dealer Solely Due To Retrospective Cancellation Of Supplier's GST Registration: Calcutta High Court

The Calcutta High Court held that Input Tax Credit (ITC) cannot be denied to a purchasing dealer merely because the supplier's GST registration was cancelled retrospectively. Justice Hiranmay Bhattacharyya noted that apart from holding that the invoice dates were after the effective date of cancellation of the registration certificate of the supplier in question, no other ground has...