Calcutta High Court
Arbitration Clause Mandates Reference, Question Of Appropriateness Can't Be Considered U/S 8 Of A&C Act: Calcutta High Court
The Calcutta High Court bench of Justices Arijit Banerjee and Rai Chattopadhyay has held that where an agreement between the parties contains a clear arbitration clause and disputes arise under that agreement, the Trial Court is bound to refer the parties to arbitration. The question of whether such reference is appropriate or not does not arise, as Section 8(1) of the Arbitration...
Professional Engagement With Law Firm Does Not Disqualify Advocate From Acting As Arbitrator: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that an Advocate who has accepted briefs from a law firm for unrelated clients cannot, by that fact alone, be deemed ineligible to act as an Arbitrator in disputes involving parties not personally known to or represented by him, even if the same law firm appears in the arbitration. Brief Facts: This...
Calcutta High Court Orders Action Against Judicial Officers For Failing To Provide Legal Aid To Accused In NDPS Case
The Calcutta High Court has called for action against two judicial officers, namely the Chief Judicial Magistrate and District and Sessions Judge(NDPS), for their failure to offer a legal aid lawyer to an NDPS accused who had been unrepresented in the proceedings before the court.While granting bail to the accused, Justice Krishna Rao observed that the accused was produced before the...
Not 'Rarest Of Rare' Case: Calcutta High Court Commutes Death Sentence Of Man Who Murdered Ex-Girlfriend By Stabbing Her 45 Times
The Calcutta High Court has commuted the death sentence of a man accused who had been accused of murdering his ex-girlfriend by stabbing her 45 times. The convict was sentenced to life imprisonment instead.A division bench of Justices Debangsu Basak and Shabbar Rashidi held that the crime did not fall into the rarest of rare category to sustain a death penalty, and that the convict was not...
[Recruitment Scam] Calcutta High Court Questions State Over 'Allowance' Being Paid To School Staff Whose Appointments Were Cancelled By SC
The Calcutta High Court on Monday questioned the state government over its decision to continue paying group C and D staffers an "allowance" after their appointments were cancelled by the Supreme Court due to being allegedly tainted by the recruitment scam in West Bengal.Justice Amrita Sinha was hearing a plea by the unsuccessful candidates challenging the decision to pay such an allowance to...
Calcutta High Court Orders Police Protection For Sharmistha Panoli Over Threats Faced Due To Social Media Posts
The Calcutta High Court, in its order granting bail to law student Sharmistha Panoli, has directed the Kolkata Police to provide her with protection due to threats faced over certain social media posts allegedly insulting Islam, which had led to her initial arrest.Justice Raja Basu Chowdhury, in granting bail to Panoli, stated that due to the gravity of the offence, her tender age, and that...
BREAKING | Calcutta High Court Grants Interim Bail To Law Student Sharmistha Panoli In Offensive Video Case
The Calcutta High Court on Thursday (June 5) granted interim bail to law student Sharmishta Panoli in her plea seeking urgent relief after she was arrested for posting an allegedly offensive video targeting Muslims in light of Operation Sindoor. At the earlier hearing, the court had denied interim bail to Panoli and advised her that freedom of speech doesn't mean that she could hurt...
Calcutta High Court Denies Interim Relief To Sharmistha Panoli In Offensive Video Case, Directs State To File Case Diary At Next Hearing
"Freedom of speech doesn't mean you will go on to hurt others. Our country is diverse, with persons from different castes, creeds, religions, etc. We must be cautious" the Court told Panoli.
Pet Owners Must Take Measures To Ensure That Animals Don't Cause Danger To Others: Calcutta High Court
The Calcutta High Court bench of Justice Uday Kumar observed that under Section 289 of the IPC, it is the duty of animal owners or possessors to ensure their animals do not cause probable danger or grievous harm to human life. Given the serious risk posed by dog attacks, owners must take adequate measures to prevent any harm. The provision's use of "knowingly or negligently omits" points out...
Dependents Of Deceased Worker Entitled To Automatic Compensation, No Separate Application Required: Calcutta High Court
The Calcutta High Court bench of Justice Aniruddha Roy has held that once a person qualifies for benefits under a scheme, those benefits must be extended to them even if they have not submitted an application seeking such benefits. Brief Facts: The petitioner is the widow of one Bodi Bouri, since deceased, who was an employee of the respondent no. 1 (for short the Coal Company)....
Calcutta High Court Slams Trial Judge For Patriarchal Mindset While Denying Divorce To Husband, Takes Objection To 'Copy-Paste' Orders
The Calcutta High Court has granted divorce to a man on grounds of cruelty by his wife in a 2018 divorce case. The man had been denied divorce by the trial court in an order which was found to be "copy-pasted" from earlier orders by the trial court in matrimonial suits.While finding the trial judge's notions "patriarchal" and "condescending", a division bench of Justices Sabyasachi...