Calcutta High Court Monthly Digest: July 2025

NOMINAL INDEXHasin Jahan Vs. The State of West Bengal & Anr. Citation: 2025 LiveLaw (Cal) 152Smt. Kajari Karmaker @ Kajari Marick vs. The Employees' State Insurance Corporation & Ors. Citation: 2025 LiveLaw (Cal) 153Shri C. Chitambaram Versus The Director of Transport Citation: 2025 LiveLaw (Cal) 154Super Smelters Limited v United Cables Limited Citation: 2025 LiveLaw (Cal)...

Calcutta High Court Quashes Cancellation Of BSF Aspirant's Domicile Certificate, Says No Hearing Was Granted Before Cancellation

The Calcutta High Court bench of Justice Aniruddha Roy has set aside an order passed by the State Authority cancelling the Domicile Certificate of the petitioner, on the ground that no opportunity of being heard was given to the petitioner before taking such a decision, which entailed civil and adverse consequences. Since the decision to cancel the certificate was procedurally flawed,...

Calcutta High Court Declines To Interfere With CBI Probe Into Former Sandeshkhali TMC Leader Shahjahan Sheikh

The Calcutta High Court has dismissed an appeal against a single judge order, which handed over the investigation into former TMC leader from Sandeskhali, Shahjahan Sheikh, to the Central Bureau of Investigation.Sheikh had been accused of various crimes, including rape, extortion and assault, culminating in an attack allegedly ordered by him on an ED team who had been deployed to search...

Stock Exchange & Banking Channels Cannot Mask Sham Transactions Carried Out Through Bogus Capital Loss Claim Companies: Calcutta High Court

The Calcutta High Court held that stock exchange and banking channels cannot mask sham transactions carried out through bogus capital loss claim companies. Justices T.S. Sivagnanam and Chaitali Chatterjee (Das) observed that “the entire information contained in the investigation report was apprised to the assessee by the assessing officer and thereafter the show cause notices...

Mere Incorporation Of Investing Companies Under Companies Act Not Enough To Prove Genuineness Of Share Transactions: Calcutta High Court

The Calcutta High Court held that mere incorporation of investing companies under the Companies Act is not enough to prove the genuineness of share transactions. The bench opined that, admittedly, the shares were by way of a private placement. Though the investing companies might have been incorporated under the provisions of the Company's Act, that by itself will not...

Scheme Of Compromise Sanctioned By Court Under Companies Act Cannot Be Frustrated By Invoking Provisions Of SARFAESI Act: Calcutta HC

The Calcutta High Court has ruled that a scheme of arrangement/compromise sanctioned under section 391 of the Companies Act, 1956, cannot be unilaterally frustrated by a secured creditor by invoking the provisions of the SARFAESI Act, 2002. The application was filed, praying for the execution of an order sanctioning a scheme of arrangement/ compromise under section 391(2) of...

'Reaping From Rival's Cultivated Soil Is Impermissible': Calcutta HC Grants Injunction To Exide Industries Against Infringement Of Trade Dress

While allowing an injunction application by Exide Industries limited against a competitior who was infriniging on its trade dress, the Calcutta High Court bench of Justice Ravi Kishan Kapur held," “The fact that an existing competitor in comparison to a new entrant in the market has deliberately, intentionally and in a calculated manner attempted to reap from the cultivated soil of a...

[S.509 IPC] Mere Harassment Or Abuse At Workplace Does Not Constitute Offence Of Outraging Modesty: Calcutta High Court

The Calcutta High Court has held that mere harassment and abuse at the workplace would not attract the offence of outraging the modesty of a woman under Section 509 of the IPC.Justice Dr Ajoy Kumar Mukherjee held: "At the cost of repetitions I am constrained to say that even the complaint does not disclose that the petitioner abused her, it only refers the word harassment. In the...

[Arbitration Act] S.34 Pleas Are Of Commercial Nature, Cannot Be Decided By Bench Having Ordinary Original Jurisdiction: Calcutta High Court

The Calcutta High Court Bench of Justices Arijit Banerjee and Om Narayan Rai while deciding a Section 37, Arbitration and Conciliation Act, 1996 (“ACA”) appeal, set aside an order passed in Section 34, ACA petition on the ground that the court passing it lacked the jurisdiction to pass such an order. The concerned judge had the power to determine only such applications under Section...

Driving License Can Only Be Suspended, Revoked Or Impounded By Licensing Authority; Police Doesn't Have Unfettered Right Of Seizure: Calcutta HC

The Calcutta High Court has held that the driving license of a citizen cannot be impounded, suspended or revoked by traffic police personnel. It was held that while the police may seize a license from a driver over allegations of reckless driving, the same must be forwarded to the court for cognisance. If found guilty, the license may then be sent to the licensing authority for revocation...

Calcutta High Court Commutes Death Sentence Of Man Convicted For Beheading Lady Whom He Suspected To Be A 'Witch'

The Calcutta High Court has commuted the death sentence of a man, who was convicted for beheading a lady over suspicions of her being a 'witch.'A division bench of Justices Debangsu Basak and Md Shabbar Rashidi held: "His overall conduct in the correctional home was found to be good. His age is also of consideration. Moreover, he had suffered a fall from the roof of bus resulting in his...

Court Can Extend Mandate Of Arbitrator Multiple Times If Sufficient Cause Is Shown U/S 29A(5) Of Arbitration Act: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that the courts are not prohibited from extending the mandate of the Arbitrator multiple times if sufficient cause is established under section 29A(5) of the Arbitration Act. Accordingly, it extended the mandate of the Arbitrator beyond the timeline set by the Supreme Court. This is the second filed by the Petitioner...