[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...

Calcutta High Court Upholds Arbitral Award In Favour Of Sourav Ganguly Over Termination Of Player Representation Agreement

The Calcutta High Court bench of Justice Ravi Kishan Kapur dismissed a Section 34 petition filed against an arbitral award passed in favour of cricket player Sourav Ganguly (“Respondent”) by his former management agency, Precept Talent Management Ltd. (“Petitioner”). While upholding the Arbitral Award, the Court observed that the award was well reasoned and the views taken by...

Calcutta HC Commutes Death Sentences In Rape-Murder Case Of 5-Yr-Old Girl, Cites Convicts' Socio-Economic Backwardness

The Calcutta High Court has commuted the death sentence of two men, convicted for the rape and murder of a 5-year-old girl. It had been alleged that the men had sexually assaulted the girl using a bamboo shaft and later strangled her to death.While noting that the possibility of reformation could not be ruled out, a division bench of Justices Debangsu Basak and Md Shabbar Rashidi held: "On...

Impleading Non-Signatory Against Whom No Cause Of Action Is Disclosed Does Not Defeat Reference To Arbitration: Calcutta High Court

The Division Bench of Calcutta High comprising Justices Sabyasachi Bhattacharyya and Uday Kumar while deciding an appeal under Section 37, Arbitration and Conciliation Act (“ACA”) against the dismissal of an application for reference under Section 8, ACA observed that where a non-signatory party has been impleaded against whom no cause of action has been disclosed in the suit and who...

'Child's Identity Is Part Of Their Autonomy': Calcutta HC Directs Issuance Of Fresh Birth Certificate To Minor Seeking To Adopt Mother's Surname

The Calcutta High Court has directed the municipal authorities to issue a fresh birth certificate to a minor seeking to give up her father's surname and adopt her mother's surname.Justice Gaurang Kanth held: "The identity of a child, including her surname is an integral part of her personal development and autonomy. Courts have consistently held that when the change in name or surname does...

Long-Serving Employees Can't Be Denied Pension Just Because Their Posts Weren't Reflected On I-OSMS Portal: Calcutta HC

The Calcutta High Court bench comprising Justice Gaurang Kanth held that pension and retiral benefits cannot be withheld from long-serving municipal employees solely because their details were not uploaded against sanctioned posts in the i-OSMS portal due to digital system lapses. Background Facts The Petitioner, along with 147 other similarly situated employees, was appointed as...

[S.125 CrPC] Maintenance Is No Longer Granted To Barely Cover Subsistence, But As A Tool To Maintain Lifestyle: Calcutta HC

The Calcutta High Court has held that due to the development in jurisprudence around granting maintenance, it is no longer handed out as a payment for subsistence but instead to preserve the stability of one's lifestyle.A single bench of Justice Bibhas Ranjan De held: "The present time and age there has been a drastic change in the society with relation to marital obligations. Therefore,...

'When Pre-Cognizance Hearing U/S 223(1) BNSS Is Not Conducted, Further Proceedings Are A Nullity In Law': Calcutta High Court

The Calcutta High Court has set aside an order taking cognizance of proceedings initiated under the Prevention of Money Laundering (PMLA) Act, upon observing that cognizance had been taken by the special court, without complying with the mandatory requirement of holding a pre-cognizance hearing under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Justice Sabyasachi...