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Calcutta High Court held that all the unilateral appointment of arbitrators is not invalid unless the arbitrator’s relationship falls within the Seventh Schedule to the Arbitration and Conciliation Act, 1996.
While quashing the impugned criminal proceeding against the petitioners, the Court held that a defaulter borrower holds the secured asset only in trust or symbolic possession and even if the petitioners have entered the said property, the same cannot be marked out as trespassers in other’s’ property.
Calcutta High Court upheld AAAR’s order and held that Polypropylene Leno Bags made from Plastic Granules cannot be treated as Textile Articles.
While examining the difference between false promise to marry and breach of promise to marry, the Court held that from the facts and circumstances of the case i.e., the extent of being physically involved with her on the false promise to marry in near future. The defacto-complainant being already married, the petitioner cannot be held liable for committing the alleged offences.
Calcutta High Court | While deciding a revision petition, Tirthankar Ghosh*, J. held that no offence under Ss. 417 and 426 of
The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.
Justice Dipankar Datta, was born on 09-02-1965 in a Bengali family. He served as a Judge in the Calcutta High Court, and as a Chief Justice of the Bombay High Court, then he was sworn in as Supreme Court Judge by Chief Justice Dr D.Y. Chandrachud on 12-12-2022
Calcutta High Court | While dealing with a case regarding violation of S. 20(2) of the Cigarettes and Other Tobacco Products (Prohibition
“Moreover, after the Supreme Court Collegium reiterated the proposal on 01 September 2021, it was not open to the Department to repeatedly send back the same proposal which has been reiterated by the Supreme Court Collegium after duly considering the objections of the Government.” said the Collegium.
Dismissing the revision petition filed for quashing of FIR and criminal proceeding against the petitioner/husband, the Court held that prima facie case of a cognizable offence of cruelty can be make out against the petitioner/husband therefore inherit power of High Court under S. 482 CrPC cannot be exercised.
In a high profile case involving senior Congress leader and former Madhya Pradesh Chief Minister Kamal Nath, challenging the order of transfer of proceedings by Income Tax Department involving several transactions of large scale collection of illegal money, the Court opined that (i) there is no absolute right to be assessed in a particular territory and (ii) the inconvenience of assessee has to be balanced against department's right to carry its functions and scope of judicial review is limited.
Calcutta High Court based its ruling on the well settled principle of law that where oral evidence is convincing, reliable and trustworthy, the motive behind the occurrence loses its relevance.
The year 2022 saw a bustling activity in the Supreme Court vis-a-vis appointments and retirements. The Collegium headed by 3 CJIs this year, oversaw new elevations and recommendations. Whereas a significant number of Judges bid farewell to their Judgeship this year as well. Read this curated piece to know how 2022 affected the judicial strength of the Supreme Court.
Calcutta High Court | Krishna Rao, J., held that under Companies Act, 2013, Civil Courts have jurisdiction to enquire into
The High Court has also observed that the Service Tax Department cannot invoke the extended period on the sole ground of omission as the same can be invoked only when that there is a deliberate intention to evade payment of tax.
The PIL had alleged that the talk show “Koffee with Karan”, hosted by Karan Johar, was promoting racism, sexuality and obscenity through words or visible representation.
Former Chief Justice of the Bombay High Court, Justice Dipankar Datta, was sworn in as a Supreme Court Judge. His appointment now raises the judicial strength of the Supreme Court to 28 out of total strength of 34 judges
Calcutta High Court | While dismissing a writ petition challenging the capacity of Registrar of Companies (ROC) to initiate multiple/
The Court held that application filed by minor under Section 12 of Domestic Violence Act cannot be dismissed on the grounds of maintainability especially when she had attained majority before the date of final order.
“State Government shall ensure that communal harmony in the area is restored and all ameliorative measures are undertaken to instill feelings of harmony and fraternity amongst all sections of society. Local communities shall cooperate with the government and the law enforcement agencies in that regard. It is also necessary that the victims of crime are promptly and adequately compensated for the loss suffered.”