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A round up of important legal news stories from Calcutta High Court !
1. [ Calcutta HC Orders Police Protection To Petitioner’s Son Who Lost An Eye In An Attack For Displaying The Party Flag At Home]
The Calcutta HC recently ordered police protection for the petitioner’s son and his family member who had to escape their home after an alleged attack by governing party workers in which the petitioner’s son lost one of his eyes.The court ordered that the investigating officer shall consider the issue of the addition of Section 326 of the IPC to the charges if the same is made out.
The Single Judge bench of Justice Jay Sengupta said that it appears from the outdoor ticket annexed by the petitioner that the son of the petitioner had received a trauma on his right eye. His Iris(R) has fully collapsed. Thus, a prima facie case has been made out for addition of Section 326 of the IPC.
The court had directed the state to produce an original case diary on next hearing.
Bench: Justice Jay Sengupta
Case Title: Rajkrishna Bhunia vs. The State of West Bengal & Ors
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2. [ Wb Panchayat Polls: Declaration of results will be subject to orders of Court Says Calcutta HC]
The Calcutta High Court dismissed petitions seeking to declare the 2023 West Bengal panchayat election void due to violations of core constitutional and statutory norms ensuring free and fair elections.
The division bench was dealing with a writ petition as public interest litigation praying for issuance of a writ of mandamus to declare the West Bengal Panchayat Election, 2023 as void because of non-compliance of basic principles of Constitution and the statute to ensure free and fair elections; for issuance of a direction for an independent agency to investigate into the affairs of filing of nomination of candidates belonging to the ruling party in an abnormally short span of time i.e. 76000 nominations in two days including the filing of nominations by persons who are not in India.
Bench: Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharya
Case Title: Suvendhu Adhikari & Ors vs. State of West Bengal & Ors
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3. [If Supplier Is A Medium Sized Enterprise, Defaulting Buyer Not Required To Pay 3 Times The Bank Rate: Calcutta HC]
The Calcutta HC recently held that where the supplier is a "medium enterprise" under Section 16 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), the rate of interest levied on the arbitral award will be at the bank rate notified by the RBI, rather than three times that rate.
Justice Moushumi Bhattacharya noted the provision of section 16 of the MSMED Act which states that a defaulting buyer will not be liable to pay interest at three times the bank rate under Section 16 of the Act if the supplier is a medium enterprise. The position entirely changes if the supplier is a micro or small enterprise.
Bench: Justice Moushumi Bhattacharya
Case Title: The New India Assurance Co. Ltd. v Winsome International Ltd.
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4. [ Calcutta HC Dismisses Trespass Charges Against Bank’s Debt Manager Says It Is An Abuse Of Process Of Law]
The Calcutta High Court recently quashed the criminal charges for trespass and intimidation against an ICICI Bank debt management who had visited a credit card holder's home in connection with unpaid dues.
The judge while dealing with a revision petition for quashing the complaint case of 2019 under sections 447/448/384/504/509/506/34 of the Indian Penal Code, pending before Judicial Magistrate South 24 Parganas said that f every Authorised Officer of a bank/institution has to face criminal charges levelled by a defaulter, for acting in accordance with the law, then it is clearly an abuse of the process of law and such proceeding should not be allowed to continue in the interest of justice.
Bench: Justice Shampa Dutt Paul
Case Title: Tushar Manna vs Ananda Sarkar
5. [WB Panchayat Polls: Calcutta HC Dismisses Petitions Filed For Declaring The Panchayat Polls Void]
The Calcutta High Court recently dismissed petitions seeking to declare the 2023 West Bengal panchayat election void due to violations of core constitutional and statutory norms ensuring free and fair elections.
The court was dealing with a writ petition praying for issuance of a writ of mandamus to declare the West Bengal Panchayat Election, 2023 as void because of non-compliance of basic principles of Constitution and the statute to ensure free and fair elections.
The bench noted that the issues raised in the present petitions had already been settled in earlier matters and dismissed the writ petitions.
Case Title: Ujjwal Trivedi and others vs. The State of West Bengal and others
6. [Calcutta HC Orders Central Forces To Remain In West Bengal For Another 10 Days]
The Calcutta High Court ordered central forces to remain in Bengal for 10 days after the rural election process is completed in order to restore peace and order.
The division bench said that the additional solicitor general had placed a copy of a fax message from the Ministry of Home Affairs to the Inspector General, BSF before them which states that 822 companies of CAPFs/SAPs/IR Bns shall remain deployed in the State of West Bengal for a period of 10 days from the date on which the results are declared.
The court directed the State Election Commission to preserve all the records concerning the election including the CCTV footage and it shall be solely responsible for the safety and security of all the records and the video footage
Bench: Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya
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