Calcutta High Court
State Bar Council's Opinion On Alleged Misconduct Doesn't Curtail Disciplinary Committee's Power To Examine Maintainability Of Complaint: Calcutta HC
The Calcutta High Court has recently held that in an alleged case of misconduct, the mere formation of opinion by a State Bar Council that it has reason to believe that the accused advocate may be guilty of professional or other misconduct does not necessarily curtail the powers of the Disciplinary Committee to deal with the issue of maintainability of the complaint.A single bench of...
Calcutta High Court Upholds Order Cancelling Appointment Of 94 Teachers Found Ineligible Under 2014 Eligibility Test
The Calcutta High Court has recently upheld its order cancelling the appointment letters of 94 teachers, who were found ineligible and underqualified under the Teachers Eligibility Test conducted in 2014.A single bench of Justice Amrita Sinha had earlier passed orders for cancellation of the appointment of the aforesaid teachers upon perusing a report by the West Bengal Board of Primary...
Cash For Jobs Scam | Abhishek Banerjee Submitted 5,500 Pages Of Documents During Investigation: ED Tells Calcutta High Court
On Tuesday, the Directorate of Enforcement ("ED"), which is investigating the multi-tier recruitment scam in West Bengal told the Calcutta High Court that it had investigated Leaps & Bounds, a company which was being investigated as a front for proceeds of the recruitment scam, as well as Banerjee who was CEO in the company, as well as his wife. A single bench of Justice Amrita Sinha,...
'One Fake Certificate Enough To Spoil System': Calcutta HC Calls For Inquiry Into Genuiness Of Caste Certificates Issued In 'Recent Past'
The Calcutta High Court has recently directed the Secretary, Backward Classes Welfare Department, Government of West Bengal, to issue appropriate circulars to all district magistrates, directing them to verify caste certificates issued in the recent past and to devise an SOP at the state level, for the DM to convey to the appropriate authorities. A division bench of Chief Justice TS...
To 'Read Up' A Provision Is To Flesh It Out And Fill In Words To Erase Discordance: Calcutta High Court Reiterates
The Calcutta High Court recently held that clause (d) to the Proviso to Rule 5(1) of the West Bengal Excise Rules, 2009, was unconstitutional since it exempted public limited companies from payment of license fees for "change in management," while levying the same from private limited companies.A single bench of Justice Moushumi Bhattacharya held that a mere change in the composition of the...
"Clear Collusion Between Officials & Encroachers": Calcutta HC Imposes ₹1 Lakh Costs On KMC In Plea Against Illegal Conversion Of Waterbodies
The Calcutta High Court has recently taken exception to the conduct of the Kolkata Municipal Corporation & its officials who were allegedly unwilling to curb the illegal conversion of water bodies or restore water bodies which had been illegally filled up. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya was seized of a PIL moved by the Nayabad Save...
High Court Urges State Govt To Consider Modernising & Restoring Tram Services In Kolkata Through Public-Private Partnership Model
The Calcutta High Court on Monday directed the State to consider the possibility of modernising and restoring the city's tram services on select routes which would have the approval of various authorities, including the police. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya suggested the state consider restoring tram services through a public-private...
Classification Of Private & Public Companies In Excise Rules For Exemption From Payment Of License Fee Is Ultra Vires The Constitution: Calcutta High Court
The Calcutta High Court has recently directed the West Bengal State Excise Department to refund a sum of approximately Rs 92 lakhs to the Kenilworth Hotel Private Limited, which were levied as excise fees for 'change in management' upon the death or retirement of a member.In striking off the 'unconstitutional and discriminatory provisions' under the Excise Rules, which allowed for the levy...
Plea In Calcutta High Court Seeks Action Against Author Arundhati Roy For Saying 'India Is Becoming A Hindu Fascist Enterprise'
The Calcutta High Court on Monday heard a plea against author Arundhati Roy, for alleged statements made by her to Middle-Eastern media house, Al Jazeera. Petitioner claimed that Roy had given an interview to Al Jazeera where she had claimed that 'India was becoming a fascist Hindu enterprise.'In observing that the plea had not been effectively served on the respondents, a division bench of...
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...
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...
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...