Calcutta High Court

22nd Sep, 2021

Non-filing of ‘Statement of Truth’ in a Written Statement of a commercial suit is a curable defect

In the matter of Harji Engineering Works Pvt. Ltd Vs. Hindustan Steelworks Construction Ltd. decided by the Hon’ble Calcutta High Court on 14.09.2021, the question before the Hon’ble Court was whether a Statement of Truth […]
31st Aug, 2021

Section 9 Arbitration Act shall be applicable to Foreign Arbitration unless expressly excluded by Parties in Arbitration Agreement.

In the matter of Medima LLC v. Balasore Alloys Limited in AP/267/2021 decided by the Calcutta High Court on 03.08.2021.   BACKGROUND OF THE CASE: The petitioner had been awarded an amount of price USD […]
28th Aug, 2021

What constitutes a ‘Commercial Dispute’ under the Commercial Courts Act, 2015

In the matter of Ladymoon Towers Private Limited v. Mahendra Investment Advisors Private Limited (CS 99/2020) decided by the Hon’ble Calcutta High Court on 13.08.2021   FACTS: The petitioner had moved the instant plea seeking […]
1st Jul, 2021

Calcutta High Court distinguishes between the scope of Order XXXVIII Rule 5 CPC and Order XXXIX Rule 1 CPC

In the matter of Prabha Surana vs. Jaideep Halwasiya in GA 2 of 2021 in CS 52 of 2021 decided on 22.06.2021 by the Calcutta High Court. Facts: The Petitioner moved an application for temporary […]
13th May, 2021

The claim of an arbitral award-holder can be frustrated on the approval of a Resolution Plan under Section 31 of IBC, 2016.

Sirpur Paper Mills Limited Vs. I.K. Merchants Pvt. Ltd. (A.P. 550/2008) decided on 07.05.2021 by Hon’ble Calcutta High Court. Facts of the case: The present matter deals with a petition u/s 34 of the Arbitration […]
4th Mar, 2020

Possession of foreign passport is not mandatory for applying for Indian citizenship.

The Calcutta High Court has pronounced the above-mentioned ratio in the matter of Bismillah Khan vs. Union of India & Others (W.P. 928(W) of 2020). Facts: The petitioner was a Pakhtoon citizen and due to […]
20th Jan, 2020

Inconvenience of the wife should be treated as the prime consideration in a proceeding under Section 24 of CPC arising out of a matrimonial suit.

The Calcutta High Court reiterated the above-mentioned proposition in the matter of Sanchayita Deb vs Sustana Deb (CO No. 3963 and 3964 of 2018) published on 15.01.2020. Also, in terms of language of section 9 […]
6th Jun, 2018

Difference between extension and renewal of lease deed

Calcutta High Court in a matter laid down the difference between “extension” and “renewal” of the lease deed. It was held that in the case of renewal, a new lease is required while in the […]
31st Jul, 2017

Readiness and Willingness must continue through out the proceedings

The Calcutta High Court in the matter of Amit Mondal Vs. Pannalal Das decided on 6th July, 2017 has held that Section 16(c) of the Specific Relief Act, provides that, in order to get a […]
29th Mar, 2015

Deduction allowed on expenditure incurred in abandoned project in the relevant year

Expenditure made for construction/acquisition of new facility subsequently abandoned at the work-in progress stage was allowable as incurred wholly or exclusively for the purpose of assessee’s business.
11th Dec, 2014

Arbitrator has to deliver the Award within the prescribed or extended time

The court never terminates the mandate of an arbitrator. It stands terminated on the happening of an event or event. The court only declares it.
1st Dec, 2014

Importer of product cannot claim to be proprietor of label mark belonging to Exporter

In order to claim the proprietory right on the trade mark of the exporter, the importer has to show that the mark has become inextricably connected with him in the eyes of the public.