Calcutta High Court
Calcutta High Court Weekly Round-Up: September 11 To September 17, 2023
NOMINAL INDEXRohan Builders (India) Pvt. Ltd. v Berger Paints India Limited & connected applications 2023 LiveLaw (Cal) 266Samsuddin Sk. & Ors. Vs. State of West Bengal 2023 LiveLaw (Cal) 273G. Venkatesh Babu & Anr. V The State Of West Bengal & Anr. 2023 LiveLaw (Cal) 274Hemanta Barman V The State Of West Bengal 2023 LiveLaw (Cal) 275Thakurani Shree Shree Durga Mata Jew,...
Why Should Those Who Were Injured During Panchayat Polls Not Be Given Compensation? Calcutta High Court Issues Notice To State
The Calcutta High Court today directed the State to file an affidavit disclosing details of those who lost their lives during violence which erupted in course of the WB Panchayat Elections 2023, as well as details of their family members to whom ex-gratia compensation & compassionate employment had been provided under the State’s scheme.In further directing the State to answer why those...
West Bengal CID Playing With Court: High Court Dismisses 'Frivolous' Recall Application, Imposes 5 Lakh Cost For Not Transferring Probe To CBI, ED
The Calcutta High Court has imposed a fine on the State’s Criminal Investigation Department (“CID”) to the tune of Rs 5 lakh for failing to comply with the Court’s earlier orders for transferring probe pertaining to money laundering in a co-operative society to the Central Bureau of Investigation (“CBI”) & Enforcement Directorate (“ED”).In hearing a recall application by...
Calcutta High Court Denies Relief To Bank Manager Demoted For ‘Undue Favours’ To Borrowers, Applies Wednesbury Test Of Reasonableness
The Calcutta High Court has recently dismissed a writ petition filed by a former Branch Manager for Bangiya Gramin Vikash Bank (“Bank”), challenging his demotion arising out of a punishment order passed upon him for unauthorisedly refinancing certain loan accounts, and failing to check the ‘end-use’ of loans obtained under the PM Employment Generation Programme Scheme...
Centre Discriminating Against West Bengal In Allotment Of Funds Under PM Awas Yojana: PIL In Calcutta High Court
The Calcutta High Court today called for affidavits from appropriate authorities of the Central Government, in a plea alleging that the Centre has failed to make any contribution to the Housing Scheme under the Pradhan Mantri Awas Yojana (Gramin) (“scheme”) in West Bengal. A division-bench was apprised by the petitioners, that under the scheme, adopted by the central government in...
Arbitration Act | Tribunal’s Mandate Terminates U/S 29A Unless Extended During Subsistence: Calcutta High Court
The Calcutta High Court has recently held that the mandate of an arbitral tribunal is held to be terminated under Section 29A of the Arbitration & Conciliation Act, 1996, (“1996 Act”), unless the same is extended during its subsistence, in the absence of which, an arbitrator would become de jure inadmissible.In disposing of three arbitration petitions containing the aforesaid...
Calcutta High Court Upholds Anganwadi Teacher’s Transfer Despite Absence Of Express Provision, Cites Her Problematic "Attitude"
The Calcutta High Court has upheld the transfer of an ‘Anganwadi worker’ (“appellant”) despite absence of an express provision under the applicable scheme and rules.Appellant had argued that her transfer was bad in law, since the memorandum dated 25.01.2006 issued by the Government of West Bengal, Department of Women and Child Development and Social Welfare for recruitment of...
Cash-For-Jobs Scam: Calcutta High Court Seeks ED Report On Assets Of Abhishek Banerjee, Directors Linked To His Firm 'Leaps & Bounds'
The Calcutta High Court on Thursday directed the Central Bureau of Investigation (“CBI”) and Directorate of Enforcement (“ED”) to submit before it, the names and assets of CEO and Directors of 'Leaps & Bounds', a company linked to recruitment-scam accused AITC MP Abhishek Banerjee.The company offices were raided by the central agencies last month. It is alleged that the company...
Reserved Category Candidates Not Disentitled From Competing In General Category After Availing Relaxation In Age, Fees: Calcutta High Court
The Calcutta High Court on Wednesday held that candidates under ‘reserved categories’ could be considered for vacancies against ‘unreserved’ seats even if they had opted to avail for fees and age relaxations statutorily available to them, as members of reserved categories.A division bench of Justice Debangshu Basak and Justice Md Shabbar Rashidi while quashing an order of the...
Mere 4K Interim Maintenance To Wife, Two Daughters Not Reasonable: Calcutta High Court
The Calcutta High Court on Wednesday observed that an interim maintenance of Rs 4,000 per month, awarded by the magistrate in favour of a wife and her two daughters, would simply not be enough for their sustenance. A single-bench of Justice Shampa (Dutt) Paul was seized of a revision application against the order of a magistrate rejecting the wife/petitioners prayer for enhancement of...
S.202 CrPC | Magistrate's Order Showing Application Of Mind Not Bad For “Absence Of Magic Words” About Prima Facie Satisfaction: Calcutta HC
The Calcutta High Court has recently held that before the issuance of process, in cases where a Magistrate comes to a prima facie conclusion regarding the reasons for summons to be issued against the accused, and if the order shows compliance and application of mind vis-à-vis holding of inquiry under 202 CrPC, then such an order could not be set aside on technical grounds.A single-bench...
“Playing With Students’ Future”: Calcutta High Court Says FIR Must Be Registered Against School For Misrepresenting Affiliation To ICSE Board
The Calcutta High Court today hauled up the board and trustees of St Augustine’s Day School, Kolkata for allegedly misrepresenting itself as a school affiliated to the Council for Indian School Certificate Examinations (“ICSE”).A single-bench of Justice Biswajit Basu was hearing a plea filed by guardians of 76 students complaining that their wards, studying in class 10, had not...