Calcutta HC Declines PIL Seeking New Process For Scrutinising Poll Candidates, Alleging 'Foreigners' Were Participating In Bengal Elections

The Calcutta High Court has dismissed a public interest litigation seeking a new process for the scrutiny of candidates contesting the Bengal elections. The plea further alleged that foreigners were illegally obtaining Indian citizenship to participate in the state elections and manipulate the results.In dismissing the plea, a division bench of Chief Justice TS Sivagnanam and Justice...

Calcutta High Court Quarterly Digest: January To March, 2025

NOMINAL INDEXMahabuba Rahaman & Ors. -vs- State of West Bengal & Anr. Citation: 2025 LiveLaw (Cal) 1Milan Mukhopadhyay @ Mukherjee Vs. The State of West Bengal & Ors Citation: 2025 LiveLaw (Cal) 2Jagbir Singh Versus The State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 3Association for Protection of Democratic Rights vs State of West Bengal Citation: 2025 LiveLaw (Cal) 4X...

'Risk Factor Higher Than Loss Which May Be Caused': Calcutta HC Declines To Stay FSSAI Order Against Sale Of 'Prohibited Batch' Of Dabur Honey

The Calcutta High Court, presided over by Justice Om Narayan Rai has refused grant of interim relief/stay of operation in a writ petition filed by Dabur India Limited challenging the prohibition order issued by Food Safety and Standards Authority of India ('FSSAI') against a specific batch of "Dabur Honey” - Batch No. NP5819 which was manufactured on 13.02.2024 and marked with a “Use...

Arbitration Clause Cannot Be Considered Binding If Mandatory Arbitration Reference Is Missing: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sakar has held that if a clause in an agreement gives the parties discretion to refer the matter to arbitration after disputes have arisen, it cannot be construed as a binding arbitration agreement. Such invocation of the arbitration clause requires fresh consent of the other party before the matter can be referred to...

Substitution Of Arbitrator Can't Be Allowed When Petitioner Voluntarily Withdraws From Arbitral Proceedings: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that an application under Section 15 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), seeking substitution of the arbitrator, cannot be allowed when the petitioner had voluntarily withdrawn from the arbitral proceedings and failed to participate despite being given ample opportunities, especially after a...

Calcutta High Court Orders Deployment Of Central Forces In Murshidabad After Anti-Waqf Bill Protests Turn Violent

In an urgent hearing on Saturday, the Calcutta High Court ordered the deployment of Central Forces in Bengal's Murshidabad after violence broke out during Anti-Waqf Bill protests, which reportedly led to multiple deaths.Chief Justice TS Sivagnanam constituted a special division bench constituted by Justices Soumen Sen and Raja Basu Chowdhury upon an urgent plea moved by BJP leader...

Scheme Governing Auction Disputes Applies In All Auction Cases Unless Contrary Scheme Without Arbitration Clause Is Shown: Calcutta High Court

The Calcutta High Court bench Justice Shampa Sarkar has held that when a scheme generally applicable to all auction related disputes contains an arbitration clause, that clause will govern disputes arising between the parties, unless a contrary scheme without such a clause is shown. Brief Facts: Satya Narayan Shaw (petitioner) has filed this petition under section 11(6) of...

Successor To Merger Transaction Can Invoke Arbitration Clause When All Rights And Liabilities Are Transferred: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that once all liabilities, rights, and obligations are transferred to an entity through a merger approved by the competent forum, the arbitration clause contained in a loan agreement executed between the parties prior to the merger can be invoked by a third party that has acquired all such rights...

Merely Supplying Warrant Of Arrest Notifying Penal Sections Without Mentioning Substance Of Charge Violates Article 22 Of Constitution: Calcutta HC

The Calcutta High Court has held that in the absence of notification of the substance of a warrant, the execution of the same becomes unconstitutional in terms of Article 22(2) of the Constitution read with Section 75 of the Cr P C. Justice Suvra Ghosh affirmed the interim bail since the arrest memo neither contained reasons for arrest nor were the grounds of arrest communicated as per Article...

Calcutta High Court Denies Permission For 'Hanuman Jayanti' Event To Be Held On Red Road On April 12

The Calcutta High Court has denied permission to hold a 'Hanuman Chalisa paath' event to be held at Red Road on 12th April (tomorrow). Petitioner had approached the court for permission to hold the even with around 3000 participants, after not hearing back from the police authorities.Later, the police authorities granted permission for the event, but at a different location to prevent...

Calcutta High Court Quashes Case Against Arnab Goswami, Republic TV Over Comments Made By Panelist Against Marwari Community

The Calcutta High Court has quashed proceedings against Republic TV and it's Editor-In-Chief Arnab Goswami over allegedly hateful and bigoted remarks made by a panelist during a live show, targeting the Marwari community.Subhojit Ghosh, a guest on show, caste aspersions on the Marwari community and it's alleged involvement in black marketing, including the black marketing of masks. Justice...

Party Claiming Benefit Under State's Welfare Scheme Cannot Challenge Its Restrictions Or Act To The Detriment Of Other Beneficiaries: Calcutta HC

The Calcutta High Court has held that a party who claims the benefit of the various welfare schemes undertaken by the state cannot complain about the restrictions of such policies and act to the detriment of other beneficiaries under such schemes.In this case, the court was dealing with a squatter who was a beneficiary of a housing scheme by the state, claiming more land than was allowed to...