Justice Siddhartha Roy Chowdhury Archives

Calcutta High Court upholds right to challenge non-arbitrability in landlord-tenant dispute; sets asides Arbitral Award

Applying Section 3 of the West Bengal Premises Tenancy Act, 1956, the Calcutta High Court determined that the dispute is governed by the tenancy act.

Case Briefs High Courts

Court has wide discretion to interpret ‘What is cruelty’, literally and contextually: Calcutta High Court upholds divorce on ground of ‘Cruelty’

With regards to custody of the child, the Calcutta High Court after considering the paramount welfare of the child, held the husband is not fit person for custody.

Case Briefs High Courts

Lack of property title renders Suit for specific performance unenforceable: Calcutta High Court

Calcutta High Court determined that the compromise decree indicated that the vendors-defendants (respondent 2 and 3) do not have title to the property.

Case Briefs High Courts

Doctrine of Estoppel by Election inapplicable when Section 79 of the RERA Act clearly ousts civil courts’ jurisdiction: Calcutta High Court

Calcutta High Court opined that there was no contract between the parties due to the lack of a meeting of minds, therefore, the Specific Relief Act, 1963 cannot be invoked.

Case Briefs High Courts

Suit against trade name/partnership firm should follow the procedural requirements laid down in CPC: Calcutta High Court

Calcutta High Court set aside impugned order due to the lack of evidence for subletting and the non-maintainability of the suit.