Wife's Insistence On Separating Husband From Dependent Widowed Mother Amounts To Cruelty: Calcutta High Court

The Calcutta High Court has held that a wife's insistence that her husband sever ties with his dependent widowed mother and live separately amounted to mental cruelty in the facts of the case, particularly as the wife's justification for seeking separate residence was based on an allegation of molestation of the parties' minor son which remained wholly unsubstantiated.A Division Bench of...

Calcutta High Court Restrains Rival's Use Of 'Fox & Mandal' Name, Says Heir Of Ex-Partner Cannot Claim Law Firm's Goodwill

The Calcutta High Court has held that a subsequent user of a trade mark cannot claim rights in the goodwill of a partnership firm merely by asserting an ancestral or familial connection with one of its former partners, and has consequently granted summary judgment in favour of the 1896-founded law firm Fox & Mandal in a passing off action.Justice Ravi Krishan Kapur held that the defendants had no real prospect of successfully defending the claim and that there were no triable issues...

Victim Cannot Be Denied Investigation Documents Under BNSS Merely For Wrongly Citing CrPC Provision: Calcutta High Court

The Calcutta High Court has held that a victim in a criminal proceeding is entitled to obtain copies of documents contemplated under Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), observing that the mere mention of a wrong statutory provision in an application cannot defeat a substantive legal right.Justice Dr Ajoy Kumar Mukherjee set aside an order of the Judicial Magistrate, 17th Court, Calcutta, which had rejected an application by a victim seeking legible copies of documents...

Calcutta High Court Permits Rival Factions Of TMC Students' Wing To Separately Commemorate Foundation Day On August 28

The Calcutta High Court has permitted rival factions of the Trinamool Congress Chhatra Parishad (TMCP) to hold separate programmes commemorating the organisation's Foundation Day on August 28.The Court, however, declined to permit either faction to organise its programme at Mayo Road near the Gandhi statue, where the groups had proposed to hold their respective Foundation Day celebrations.Justice Saugata Bhattacharya permitted both factions to organise indoor programmes at separate venues,...

Calcutta High Court Directs No Coercive Steps Against TMC MP Abhishek Banerjee In Three FIRs

The Calcutta High Court has directed that no coercive action be taken against Trinamool Congress MP Abhishek Banerjee in three FIRs registered against him, holding that his custodial interrogation was not required at this stage.Justice Saugata Bhattacharya protected Banerjee from coercive action till November 30, or until further orders, while directing him to cooperate with the investigation.The Court further directed that Banerjee be given at least 48 hours' notice before he is called for...

Calcutta High Court Seeks List Of Cases Registered Against TMC Leader Abhishek Banerjee's PA Sumit Roy

The Calcutta High Court on Monday directed the West Bengal Police to furnish details of all FIRs registered against Sumit Roy, Personal Secretary of Trinamool Congress national general secretary and Diamond Harbour MP Abhishek Banerjee, while directing that his plea be taken up on September 10.Justice Saugata Bhattacharya directed the Police to submit a written report indicating the total number of FIRs registered against Roy.Roy has approached the High Court challenging FIRs registered against...

Calcutta High Court Stays Arrest Warrant Against TMC MP Mahua Moitra In Hate Speech Case

The Calcutta High Court on Monday stayed the arrest warrant issued against Trinamool Congress MP Mahua Moitra by a Krishnanagar court in connection with an alleged hate speech case.A Division Bench comprising Justice Debangsu Basak and Justice Aryak Dutta directed that no coercive action be taken against Moitra pursuant to the warrant. The High Court is scheduled to hear her challenge to the warrant on August 27.The warrant had been issued by the Third Judicial Magistrate at Krishnanagar,...

FCRA License Renewal Cannot Be Refused Without Hearing When Central Govt Undertakes Enquiry: Calcutta High Court

The Calcutta High Court has held that the principles of natural justice are “in built” into the renewal process under Section 16 of the Foreign Contribution (Regulation) Act, 2010 (FCRA), and that an FCRA-registered organisation must be given notice and an opportunity to present its case where the Central Government undertakes an enquiry before refusing renewal. Justice Aniruddha Roy...

Calcutta High Court Disposes Of Abhishek Banerjee's Plea After HDFC Bank Reactivates Account

The Calcutta High Court on Monday disposed of a plea filed by Trinamool Congress (TMC) MP Abhishek Banerjee concerning the reactivation of his bank account, after HDFC Bank informed the Court that the account had been reactivated.The matter was heard by Justice Krishna Rao.Appearing for Banerjee, Senior Advocate Ayan Bhattacharjee requested that nominal costs be imposed in view of the...

'Living Together As Spouses' On Certain Occasions After Separation Doesn't Condone Cruelty: Calcutta High Court Upholds Divorce

The Calcutta High Court has held that stray instances of spouses living together after separation do not, by themselves, amount to condonation of matrimonial cruelty, particularly where the subsequent conduct of the offending spouse shows that the cruelty was repeated.A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya made the observation while upholding...

Calcutta High Court Declines Urgent Hearing In Plea Flagging Violence At Jadavpur University Between ABVP & FETSU Students

The Calcutta High Court has declined an urgent hearing on a plea seeking immediate judicial intervention to restore law and order at Jadavpur University amid the ongoing unrest on the campus.The development comes amid clashes at Jadavpur University between members of the Akhil Bharatiya Vidyarthi Parishad (ABVP) and students belonging to the Faculty of Engineering and Technology Students'...

Lawyer Accused Of Colluding With Judge's Secretary For TMC Leader's Case Records Opposes Claims, Requests Calcutta HC To Preserve CCTV

Calcutta High Court judge, Justice Suvra Ghosh had yesterday recused from hearing former TMC minister Sujit Bose's bail plea, after alleging that an advocate for the petitioner had made contact with her private secretary to access the case records in her chambers.Advocate Mousumi Bhowal, who was appearing as the Advocate-on-Record for Sujit Bose in the bail proceedings before the Calcutta...