Calcutta High Court
Calcutta High Court Directs Personal Appearance Of Traffic Police Sergeant For Forcibly, Illegally Seizing Lawyer's Driving License
The Calcutta High Court has directed the personal appearance of a Kolkata Traffic Police Sergeant who was accused of illegally and forcibly seizing a lawyer's driving license on Vidyasagar Setu, in Kolkata.A single bench of Justice Amrita Sinha was also told that the sergeant in question had caused a similar incident with another lawyer, and on that occasion had taken a bribe of Rs 500 from him.The Bench noted that the seized driving license was returned to the advocate in Court and held:The...
Deemed Public Interest In Seeking To Contest Elections To Represent Public: Calcutta HC Allows Govt Doctor's Resignation To Contest Lok Sabha Polls
The Calcutta High Court has recently allowed the resignation of a government doctor, who sought to resign from his position to contest as a candidate in the upcoming Lok Sabha parliamentary elections. In taking note of the statutory regulations around the petitioner's case, a single bench of Justice Rajasekhar Mantha held:On the issue of public interest being the primary consideration under Clause 14 (West Bengal Service Rules), apart from the same being directory, this Court is of the view...
Calcutta High Court Weekly Round-Up 18th March-24th March 2024
NOMINAL INDEXEverest Infra Energy Limited. Vs. Transmission (India) Engineers & Anr 2024 LiveLaw (Cal) 69M/s. Mainak Engineering Private Limited vs Bihar Rural Livelihoods Promotion Society 2024 LiveLaw (Cal) 70Praxair India Pvt. Ltd. vs Steel Authority of India Ltd. 2024 LiveLaw (Cal) 71SRMB Srijan Limited vs Great Eastern Energy Corporation Limited 2024 LiveLaw (Cal) 72The Secretary,...
Collective Duty Of Husband & Wife To Wither Trivial Issues, Respect Each Other's Decisions & Create Congenial Atmosphere: Calcutta High Court
The Calcutta High Court has allowed an appeal, dismissing an application for dissolution of marriage while holding that in matrimonial life it is the collective duty of a couple to create a congenial atmosphere.A division bench of Justices Harish Tandon and Madhuresh Prasad held that the Constitution recognises equality in gender and both partners must show mutual respect to each others'...
[S.18 MSMED Act] Arbitration Agreement Pending Adjudication By Facilitation Council Is Eclipsed, Not Obliterated: Calcutta High Court
The Calcutta High Court has recently held that an arbitration agreement pending adjudication by the facilitation council is eclipsed not obliterated.A single bench of Justice Moushumi Bhattacharya held:There is nothing in the MSMED Act to suggest, least of all section 18, that the arbitration conducted by the Facilitation Council would subsume the arbitration agreement between the parties...
MSCS Act | Disputes Between Society And Its Members Are Subject To Arbitration: Calcutta High Court Sets Aside State & District Consumer Commission Orders
The Calcutta High Court single bench of Justice Prasenjit Biswas held that disputes concerning the management, constitution, or business of the society, between the society and its members or those claiming through them, are subject to arbitration under Section 84 of the Multi-State Co-operative Societies Act, 2002. Therefore, it set aside orders of District Consumer...
For Unconditional Stay Of Arbitral Award, Prima Facie Case Of Fraud With Substantial Impact On Outcome On Arbitration Proceedings: Calcutta High Court
The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that for an unconditional stay of an arbitral award on pretext of fraud, there should prima facie case of fraud which should be evident on the face of the record without the necessity of a detailed or through examination. The bench held that fraud must be evident and reprehensible, with a substantial impact on...
Arbitration Act | 'Court' Under Section 29A Takes Character Of Appointing Authority Under Section 11: Calcutta High Court
The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that the word “Court” in Section 29A of the Arbitration and Conciliation Act, 1996 for extension of the mandate of the arbitrator takes the character of the appointing authority under Section 11 of the Arbitration Act. Therefore, it held that can only be the Court which has the power to appoint an arbitrator...
Settlement Process By Chairman And Managing Director Doesn't Involve Adjudication, Not Final And Binding: Calcutta High Court
The Calcutta High Court division bench of Justice I.P. Mukerji and Justice Biswaroop Chowdhury held that the settlement process undertaken by the Chairman and Managing Director of the company doesn't involve adjudication. It held that the termination of a settlement attempt does not always result in a “final and binding” decision. Relevant Clause of the...
'Unpardonable': Calcutta High Court Chief Justice Issues Stern Rebuke After Lawyers Force Way Into Courtroom For Holding Political Meeting
Calcutta High Court's Chief Justice TS Sivagnanam, on Friday, issued a stern rebuke against a "nasty incident" at the Court premises where a group of lawyers had entered the chamber of the Registrar General to pressurise office staff to allow them to hold a political gathering inside Courtroom No. 8.The Chief Justice stated that a group of lawyers, including the Assistant Secretary of the...
[O.47 R.1 CPC] Judgement Failing To Consider Precedent Available At Time Of Pronouncement But Not Shown To Court Is Not Reviewable: Calcutta High Court
The Calcutta High Court has recently held that a judgment which fails to consider a precedent which was available at the time of pronouncing the judgment but was not shown to the Court, is not reviewable on the ground of being per incuriam.A single bench of Justice Moushumi Bhattacharya held:A judgment containing an erroneous point of law is not reviewable; it is an appealable judgment....
Calcutta High Court Directs State Govt To Rehabilitate Locals Displaced By Garden Reach Building Collapse
The Calcutta High Court has directed the state government to take measures to rehabilitate those who were displaced in the fatal building collapse at Garden Reach, where a five-storey under-construction building collapsed leading to falling debris killing several people in the area nearby, and injuring many others.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay...