Important Judgments of Calcutta High Court Delivered in 2023

January 1, 2024 7:30 PM

In 2023, the Calcutta High Court delivered several important judgments that covered a wide range of legal issues. Here are some highlights:

1. Deepak Chatterjee @ Dipak Chatterjee & Ors. v. The State of West Bengal & Anr: The Court quashed a domestic violence complaint filed by a woman against her in-laws, noting discrepancies in her statements regarding the alleged incident.

In a recent hearing at the Calcutta High Court, Justice Shampa Dutt (Paul) presided over the Criminal Revisional Jurisdiction of the Appellate Side, considering a petition filed by Deepak Chatterjee and others seeking the quashing of proceedings. The case, initially registered at Hirapur Police Station, involves multiple sections of the Indian Penal Code related to a family dispute.

2. Homevista Décor & Furnishing Pvt. Ltd. v. Connect Residuary Pvt. Ltd.: The Court held that the venue of arbitration does not become the seat if the agreement confers exclusive jurisdiction on a different place.

3. Blue Star Limited v. Rahul Saraf: The Court ruled that a clause offering arbitration as an option, rather than mandating it, does not constitute a valid arbitration agreement.

3. Pan Seeds Pvt. Ltd. v Ramnagar Seeds Farm Pvt. Ltd. and Ors.: It was held that the jurisdiction of civil courts is barred by the Protection of Plant Varieties and Farmers Rights Act, 2001, in deciding the validity of registration of a variety.

4. Atindra Nath Mondal v State of WB and ors: The Court emphasized that trial courts are not mere spectators and can take action against advocates’ extreme conduct.

Mondal, aged 85, alleged that he was coerced into signing a fabricated document by the defendants, Tapasi Mondal, Sanjay Mondal, and Kutubuddin Mallick, who took advantage of his failing health. The petitioner claimed that he was unaware of the forgery and only realized it when the defendants attempted to forcefully evict him from his property.

Judicial Discipline Doesn’t Restrain a Judicial Officer in not Taking Exception Against Non-conforming Acts of an Advocate Representing a Party: Calcutta HC

5. Suvendu Adhikari v. WB State Election Commission and connected petitions: The Court refused to extend the deadline for filing nominations for the Panchayat elections, stating that it cannot issue a writ of Mandamus for extending the date.

6. Sri Santosh Saha and Anr vs The Managing Director, Calcutta State Transport Corporation: The Court directed the payment of compensation to the family of a minor girl killed in a road accident, ruling that negligence of the offending vehicle is immaterial under Section 163A of the Motor Vehicles Act.

7. Dinesh Kumar Birla v Institute of Cost Accountants of India and Anr: The Court dismissed a petition against the rejection of a nomination in ICAI elections, suggesting the petitioner approach the Election Tribunal.

8. Apollo Multispeciality Hospitals Limited & Anr. vs. West Bengal Clinical Establishment Regulatory Commission: The Court held that advisories issued by the Commission for fixing treatment rates for private hospitals were without statutory backing and violated the Fundamental Right to Trade under Article 19(1)g of the Constitution.

9. Abdul Maleque Molla & Ors. v. West Bengal State Election Commission & Ors: The Court allowed a petition for police protection for prospective candidates in the Panchayat elections to file nomination papers.

These cases reflect the Calcutta High Court’s engagement with various legal domains, including family law, arbitration, intellectual property, electoral law, and constitutional matters