Not Essential Criterion For Election: Calcutta High Court Dismisses Plea Against BJP MLA For Allegedly Falsifying Educational Qualifications

The Calcutta High Court has recently held that the election of a candidate as a Member of the Legislative Assembly (MLA), cannot be set aside on the ground of alleged irregularities in declaring his educational qualifications. The Court was seized of a plea moved by Trinamool Congress (TMC) MLA Gopal Seth, against Bharatiya Janata Party (BJP) MLA Swapan Majumdar, alleging that the latter had falsified his educational qualifications before the Election Commission of India (ECI) during the...

Calcutta High Court Dismisses Plea For Appointing Arbitrator, Says Time-Barred Claim Cannot Be Resurrected By S.43(4) Of A&C Act

The Calcutta High Court has recently held that Section 43(4) of the Arbitration & Conciliation Act, 1996, (1996 Act) must defer to the provisions of the Limitation Act and that the period of limitation cannot be extended to create a new window after the expiry of the limitation.In dismissing a plea for appointment of an arbitrator under Section 11 of the Act as time-barred, a single bench of Justice Moushumi Bhattacharya held:Section 43(4), simply put, excludes the time from commencement of...

Calcutta High Court Allows Appeal Against Single Bench Order Partially Upholding Arbitral Award In Favour Of Reliance Infrastructure Limited

The Calcutta High Court has recently admitted appeals against an order which partially upheld an arbitral award in favour of Reliance Infrastructure Limited ("RIL") against Damodar Valley Corporation ("DVC").A division bench of Justice IP Mukherji and Justice Biswaroop Chowdhury admitted appeals preferred by both DVC and RIL, against the judgement of a single judge which had partially upheld...

Calcutta High Court Extends Police Protection To Family Of Congress Worker Killed In Panchayat Poll Violence Upon Finding They Were Being Threatened By Accused

The Calcutta High Court has extended the police protection granted to the family of an Indian National Congress worker who was allegedly killed by members and workers of the ruling political dispensation.In a plea by the slain worker's wife, a single bench of Justice Jay Sengupta directed the local police authorities to ensure the safety of the petitioner, upon noting from mobile tower...

'Political Outfits Of Different Hues Entitled To Level Playing Field': Calcutta High Court Allows Public Meeting In Purba Medinipur

The Calcutta High Court has allowed a plea seeking to hold a public meeting, upon noting that organisations, including political parties of different hues, are entitled to a level playing field. A single bench of Justice Jay Sengupta observed that while citizens possessed the right to peacefully assemble under the Constitution, the same would be subject to reasonable restrictions. It said:It...

High Court Declines Interim Order To Stop Goat Slaughter On 'Bolla Kali Puja,' To Decide Larger Question On Validity Of Animal Sacrifice In West Bengal

The Calcutta High Court has refused to pass any interim orders prohibiting the slaughter of goats at 'Bolla Kali Mata Temple' in North Dinajpur, on the occasion of 'Bolla Kali Puja 2023.'Earlier, a PIL was mentioned before a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya challenging the vires of animal sacrifice in the name of god, in West Bengal, and...

Calcutta High Court Monthly Digest: November 2023 [Citations 325- 338]

NOMINAL INDEXDamodar Valley Corporation v BLA Projects Pvt Ltd 2023 LiveLaw (Cal) 325In the matter of: Sanjay Kashyap & Anr 2023 LiveLaw (Cal) 326Babu Mondal & Ors. vs The State of West Bengal 2023 LiveLaw (Cal) 327Arnab Roy v State of WB & Ors with another connected application 2023 LiveLaw (Cal) 328M/s. Kayal Construction Vs. The State of West Bengal & Ors 2023 LiveLaw...

Maybe 'Pawn' In Family Dispute: Calcutta High Court Sets Aside Rape Conviction, Says Victims Can't Always Be Considered 'Sterling Witnesses'

The Calcutta High Court has recently allowed an appeal by an accused, who had been sentenced to seven years of imprisonment for the offence of rape, and a further one year of imprisonment for house trespass, along with a fine. In allowing the appeal, while casting doubt over the prosecution case and the account of the witnesses, a single bench of Justice Ananya Bandopadhyay held:Victim of...

Plea In Calcutta High Court Challenges Impending Slaughter Of Over 10,000 Goats On 'Bolla Kali Puja'

The Calcutta High Court on Thursday heard the mentioning of a PIL challenging the impending slaughter of 'over 10000 goats' in the State of West Bengal for the upcoming 'Bolla Kali Festival.'A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya questioned the petitioner's counsel on whether there was any ban on goat slaughter or any Act prohibiting it in the state...

Dept.’s Personal Opinion Not Tangible Material For Reopening Assessment: Calcutta High Court Quashes Reassessment

The Calcutta High Court has quashed the reassessment order on the grounds that the department’s personal opinion is not tangible material for reopening the assessment.The bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that unless glaring omissions are demonstrated or conditions precedent for exercise of the power to reopen assessment are not...

Recruitment Scam | High Court Grants Bail To Former West Bengal Secondary Education Board President Kalyanmoy Ganguly

The Calcutta High Court today allowed an application for bail moved by the former President and Administrator of the West Bengal Board of Secondary Education (WBBSE), Dr Kalyanmoy Ganguly. In allowing the plea, while directing the accused to surrender his passport before the trial court, and refrain from witness tampering of any kind, a division bench of Justice Joymalya Bagchi and...

Calcutta High Court Quashes Case Against Village-Level Entrepreneur Accused Of Siphoning Funds Allotted Under Pradhan Mantri Awas Yojana

The Calcutta High Court has recently quashed criminal proceedings against the petitioner, who had been accused of siphoning off funds, which were allotted under the Pradhan Mantri Awas Yojana, a rural housing project under the Union government. Petitioner had been working as a Village Level Entrepreneur (VLE) since 2018 under Baraturigram Gram Panchayat, Mayureshwar-I Development Block...