Court Proceeding Ought Not To Be Permitted To Degenerate Into A Weapon Of Harassment: Calcutta High Court Quashes 498A Case

The Calcutta High Court recently quashed the criminal proceedings under Section 498A of IPC initiated by a woman against her husband and his relatives alleging that she was subjected to physical and mental torture and was driven out from the matrimonial home, on the ground that an earlier proceeding initiated by her on the basis of almost same allegations against the same accused persons had ended in acquittal and no appeal was preferred by her.The single judge bench of Justice Ajoy Kumar...

Delay In Resuming The Arbitration Proceedings Will Not Make The Claim Time Barred: Calcutta High Court

The Calcutta High Court has held that once the arbitral proceedings have been commenced pursuant to reference under Section 21 of the Act, any delay in the conclusion/resumption of the such proceedings would not wipe out the arbitral reference. The bench of Justice Shekhar B. Saraf held that arbitral proceedings cannot be rendered inoperative for the reason that there was some delay in...

Municipality Recruitment Scam: Calcutta High Court (DB) Denies Interim Stay On CBI-ED Probe

A Division bench of the Calcutta High Court on Monday refused to issue any interim stay on the April 21 order of a Single Judge directing the Central Bureau of Investigation (CBI) or the Enforcement Directorate (ED) to probe into the alleged ‘Municipality Recruitment Scam’ in the state.The State Government had moved before the vacation bench of Justice Biswajit Basu and Justice Apurba Sinha Ray after the bench of Justice Amrita Sinha, earlier this month, dismissed the review petition filed...

Not A Case Of Discrimination: Calcutta High Court Says Commission For Scheduled Caste Not Justified In Entertaining Disgruntled Employee's Plea

The Calcutta High Court on Friday directed the National Commission for Scheduled Castes (Commission) to recall and withdraw the recommendations by which it directed the Department of Health and Family Welfare, Government of West Bengal to reinstate an ex-employee who was dismissed from service, on the ground that the Commission has acted beyond its jurisdiction. The single judge bench of Justice Moushumi Bhattacharya observed:“… the complaint of the respondent no. 3 before the Commission was not...

Calcutta High Court Seeks Explanation From Police Why Person Accused Of Threatening Alleged Gang-Rape Victim Released "Promptly"

The Calcutta High Court has expressed dismay at the action of Police authorities in "promptly releasing" a person, accused of threatening the victim of alleged gang rape case of Vedic Village in Rajarghat to withdraw her case.The division bench of Justice Ajay Kumar Gupta and Justice Joymalya Bagchi has directed the Officer-in-Charge of the concerned Police Station to appear in person and submit an explanation as to why the aforesaid course of action was adopted.The victim in her complaint...

School Job Scam| 'Casts Cloud On His Bonafides': Calcutta HC Censures Abhishek Banerjee For 'Trying Tooth & Nail' To Oppose Probe

In a strongly worded order, the Calcutta High Court on Thursday said that TMC leader and MP Abhishek Banerjee is trying tooth and nail to oppose an investigation in the West Bengal School Job Scam case, despite the fact that being in the top rung of the ruling political party, he ought not to shy away from the investigation process.The bench of Justice Amrita Sinha observed that the proper approach for him should be to put himself to the test and come out clean instead of avoiding or running...

Teacher Recruitment Scam| Calcutta HC Dismisses Abhishek Banerjee’s Plea Seeking Relief From CBI-ED Probe, Imposes ₹25 Lakh Fine

The Calcutta High Court today DISMISSED TMC leader and MP Abhishek Banerjee's plea to recall HC's order permitting CBI and ED to interrogate him in connection with the Teacher Recruitment Scam case. Court also imposed a fine of Rs. 25 Lakh on him.With this, the court also dismissed a plea moved by Kuntal Ghosh, an accused in the scam who has already been arrested, who had complained that...

Arbitration: Calcutta High Court Allows S. 11 Application Being Consolidated Claim Under Different Purchase Orders Linked To A Single Main Contract

The Calcutta High Court has ruled that a single composite invocation of arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act), pertaining to a consolidated claim arising out of three different Purchase Orders, containing separate arbitration clauses, cannot be labelled as invalid or unlawful. The court made the observation while noting that...

Public Discussion On 'Love Jihad' Necessary For Our Democracy: PIL In Calcutta HC Challenges WB Govt's Ban On 'The Kerala Story'

A Public Interest Litigation (PIL) plea has been moved before the Calcutta High Court challenging the West Bengal government's ban on the screening of the Movie 'The Kerala Story' stating that the movie raises the issue of 'Love Jihad' and in a democracy like ours, public discussion on such a subject is necessary.The PIL plea, filed by Devdutta Maji and Surman Ali...

Calcutta High Court Directs MHA To Transfer Entitlements, Refund Over Rs 5 Lakh To Freedom Fighter Pension Scheme Beneficiary’s Son

The Calcutta High Court recently directed the Union Government to transfer the pension entitlements of a deceased Freedom Fighter, which was due to him and was credited under the Swatantra Sainik Samman (SSS) Pension Scheme but was later returned to the Union Home Ministry as he had failed to submit the Life Certificate (LC), to his only son.The single judge bench of Justice Moushumi...

Jobs "Sold" Like A Commodity: Calcutta High Court Cancels Appointment Of 36,000 'Untrained' Primary School Teachers Recruited In 2016

The Calcutta High Court on Friday cancelled the appointment of 36,000 "untrained" primary school teachers who were recruited by the West Bengal Board of Primary Education in 2016.The single judge bench of Justice Abhijit Gangopadhyay observed:“From the gross illegality in the selection procedure in the recruitment exercise of 2016 conducted by the Board it is clear that the Board and...

Calcutta High Court Rejects WB Govt's Plea Against CBI Probe In Municipality Recruitment Scam, Says It's For State's Own Advantage

The Calcutta High Court has dismissed the review petition filed by the West Bengal government against its order transferring the probe in West Bengal Municipality Recruitment Scam to CBI. The single judge bench of Justice Amrita Sinha observed:“It does not appear that the department of Urban Development and Municipal Affairs has suffered or may suffer any prejudice by the order sought to...