The Calcutta High Court has restrained Amara Raja Energy and Mobility Limited from using the trade dress of its “ELITO” batteries, finding it deceptively similar to that of Exide Industries Limited.
The Court noted that the use of a red-and-white colour scheme, the “EL” mark, and a shattered “O” closely mirrored Exide’s battery design.
Justice Ravi Krishan Kapur observed clear bad faith, including inconsistent legal positions and removal of promotional content. Holding that such imitation was intended to mislead consumers, the Court gave Amara Raja two months to comply with the restraining order.
[Exide Industries Limited v Amara Raja Energy And Mobility Limited]
10 days ago
MalavikaBookmark
The Calcutta High Court ruled that mere harassment or abuse at the workplace does not automatically attract the offence of outraging a woman’s modesty under Section 509 of the IPC.
Justice Dr. Kurnr observed that neither the FIR nor the statements recorded detailed any act, gesture, word, or sound meant to insult the complainant’s modesty.
The Court emphasised that intent to outrage modesty must be clearly alleged and supported by specifics, which were lacking here. The case was quashed, noting the internal complaints committee had also earlier exonerated the accused.
UjjwalBookmark
The Calcutta High Court has held that traffic police have no power to impound, suspend, or revoke citizens' driving licences.
They may seize a license only under specific conditions stated in Section 206 of the Motor Vehicles Act, but must forward it to a court for cognisance. If the court finds the driver guilty, only the licensing authority can take further action.
The Court also ruled that police can’t demand cash fines or force drivers to compound offences if they wish to defend themselves against the allegations.
The Court slammed officers for misconduct, urged better training, and directed that official receipts be issued during any licence seizure.
[Subhrangsu Panda v. The State of West Bengal & Ors]
MalavikaBookmark
The Calcutta High Court has commuted the death sentence of Radha Kanta Bera, convicted of beheading a woman inside a temple on suspicion of witchcraft, to life imprisonment.
The Court held that the case did not qualify as a "rarest of rare" scenario and took into account Bera’s mental illness, absence of prior criminal record, and good conduct during incarceration.
The brutal killing occurred in a temple, where Bera forced the woman to bow before an idol before beheading her.
While the trial court had awarded capital punishment, the High Court found life imprisonment to be an adequate and just sentence in the circumstances.
[The State of West Bengal v Radha Kanta Bera]
UjjwalBookmark
The Calcutta High Court ruled that courts may grant multiple extensions to an arbitrator’s mandate beyond the standard 12-month or extended 18-month period under Section 29A(5) of the Arbitration and Conciliation Act, 1996, provided sufficient cause exists.
In Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Ltd., Justice Shampa Sarkar extended the arbitrator’s mandate even after the Supreme Court‑imposed deadline had passed. The petitioner cited lengthy proceedings, voluminous evidence compilation, and delays in cross-examinations as reasons for the extension.
The Court reaffirmed that while prompt arbitration remains crucial, delays arising from legitimate causes do not prevent extensions being granted.
14 days ago
YashashviBookmark
The Calcutta High Court upheld an arbitral award of Rs. 14.49 Cr in favour of former cricketer Sourav Ganguly, arising from a dispute with a player management agency (Percept Talent Management) that had unilaterally terminated a Player Representation Agreement.
The agency challenged the arbitral award, which granted Ganguly compensation, arguing procedural irregularities and a lack of jurisdiction.
However, the Court ruled that the arbitral tribunal had acted well within its jurisdiction and that the award did not suffer from any patent illegality or violation of natural justice.
YashashviBookmark
The Calcutta High Court commuted the death sentence of two men convicted of raping and murdering a five-year-old girl, sentencing them to life imprisonment without remission (premature release) for 60 years.
A Division Bench of Justices Debangsu Basak and Md Shabbar Rashidi acknowledged the brutality of the crime but noted the State’s submission that the convicts were uneducated, from disadvantaged backgrounds, and had potential for reform.
Emphasising the need to balance punishment with reformation, the Court modified the 2023 trial court judgment while maintaining the seriousness of the offence. The death reference and appeals were accordingly disposed of. (Fagun Mandi @ Pui & Anr v The State of West Bengal & Anr)
UjjwalBookmark
The Calcutta High Court directed municipal authorities to issue a fresh birth certificate to a minor who sought to change her surname from her father's to her mother's.
Justice Gaurang Kanth held that a child’s surname forms a key part of personal identity and autonomy, and approved the change since it did not infringe upon any third party’s legal rights.
The Court emphasized the child's welfare and clarified that the surname change would not impact the father's status as natural guardian or affect the minor’s inheritance or other legal rights.
The order came after municipal authorities initially rejected the minor's request.
MalavikaBookmark
The Calcutta High Court has directed that processions for the July 21 Martyrs' Day rally be held only before 8 am and after 11 am to avoid disrupting peak office hours.
From 9 am to 11 am, no gatherings or rally-related congestion will be allowed within a 5-kilometre radius of the High Court and nearby office areas.
Kolkata Police have also issued traffic restrictions from 4 am to 9 pm on major roads, including Amherst Street, Bidhan Sarani, College Street, and Strand Road, along with parking bans and goods vehicle restrictions throughout the day.
YashashviBookmark
The Calcutta High Court has acquitted Rasin Hansda (aka Raisan Hansda) of murder charges under Sections 302 and 364 IPC, overturning a life sentence.
The bench emphasised that in circumstantial evidence cases, the failure to send the recovered weapon for forensic examination compromised the chain of conviction. Additionally, key witnesses turned hostile, and the autopsy surgeon’s statements were found to be speculative since no chemical analysis of the weapon was done.
The court determined that the absence of a "vital link" connecting the weapon to the crime meant that guilt was not established beyond a reasonable doubt.
Consequently, the conviction was overturned, and Hansda's appeal was granted.
AsleshaBookmark
The Calcutta High Court noted that the South Calcutta Law College rape survivor is satisfied with the ongoing police investigation. Her lawyer conveyed this during a hearing on PILs requesting a court-monitored or CBI-led probe.
The Court reviewed the case diary and a sealed report from Kolkata Police, directing that a scanned copy be shared confidentially with the survivor’s counsel.
A first-year student was allegedly raped on June 25 in the security guard room of the South Calcutta Law College.
A separate PIL seeking a CBI investigation was dismissed after the Court questioned the petitioner’s intent, noting his counsel raised concerns about the accused's human rights.
UjjwalBookmark
The Calcutta High Court directed the West Bengal government to submit a report detailing the investigation steps taken in the gang rape of a law student at South Calcutta Law College.
The Court, hearing a PIL, questioned lapses in campus security, unauthorised access, and the absence of preventive action despite prior threats. It also directed the media to refrain from revealing the victim’s identity.
Four accused, including a former student linked to the Trinamool Congress, have been arrested. The Court allowed the petitioner to withdraw the defective plea and file a fresh one seeking a CBI probe.
SrushtiBookmark
The Calcutta High Court ruled that a Gazette notification is mandatory to validate a name change of a government employee or their family member for pensionary benefits.
Justice Shampa Dutt (Paul) held that affidavits and newspaper publications alone do not meet the procedural requirements under the Central Civil Services (Conduct) Rules, 1964 and Pension Rules, 1972 & 2021.
The petitioner’s request to posthumously publish her husband’s name in the Kolkata Gazette was rejected, as only the individual concerned can apply.
The Court found no procedural compliance and dismissed the claim for family pension.
MalavikaBookmark
The Calcutta High Court dismissed Emami Ltd.’s appeal alleging that Dabur India's revised ad for its ‘Cool King’ talcum powder disparaged Emami’s Dermi Cool and Navratna.
The Division Bench held that the ad, featuring Ranbir Kapoor rejecting a generic “Sadharan” product, did not visually resemble Emami’s packaging or mislead consumers.
Earlier, Emami had secured an injunction based on bottle design similarities, after which Dabur modified the ad. Emami claimed the term “Sadharan” still implied inferiority.
The Court rejected this as speculative, emphasising that commercial speech is protected and cannot be restrained based on vague perceptions. (Emami Limited Vs Dabur India Limited)
UjjwalBookmark
The Calcutta High Court directed Indian cricketer Mohammed Shami to pay a revised interim maintenance of ₹4 lakh per month as interim maintenance - ₹1.5 lakh to his estranged wife and ₹2.5 lakh to their minor daughter, under the Protection of Women from Domestic Violence Act.
The court revised the trial court’s earlier order of ₹1.3 lakh, observing that the lower amount lacked justification given Shami’s financial capacity.
The Court emphasised the wife’s entitlement to a lifestyle similar to that during the marriage.
Shami was allowed to contribute extra towards his daughter's education if desired. The trial court was instructed to decide the main application promptly.
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