Teachers Can Claim Transfer On Fulfilment Of Criterion Under Service Conditions, Authority Must Take Steps To Fill Resultant Vacancy: Calcutta HC

The Calcutta High Court has recently allowed an appeal, challenging the order of a single-bench dismissing the writ petition filed by a high-school teacher against refusal of her transfer application by the head of institution.In directing the Commissioner of School Education to consider the petitioners transfer application in accordance with prevalent norms and students’ interest,...

Arbitration Clause Cannot Be Incorporated By Reference, Without Clear Intention Of Parties: Calcutta High Court

The Calcutta High Court has recently dismissed applications for interim relief filed by Kobelco Construction Equipment India Private Limited under Section 9 of the Arbitration and Conciliation Act, 1996 (“Act”).In dismissing the prayer for an interim injunction on the respondents, and holding that the petitioners could not be allowed to incorporate an arbitration clause by-reference from...

Calcutta High Court Weekly Round-Up: August 6 - August 13

NOMINAL INDEXHira Bittar v The State of West Bengal 2023 LiveLaw (Cal) 214Senjuti Chakrabarti Vs Learned Registrar General High Court At Calcutta And Ors 2023 LiveLaw (Cal) 215Union Of India And Anr. v Rashmi Metaliks Limited 2023 LiveLaw (Cal) 216Bithika Sil v. Kartick Paik & Ors. 2023 LiveLaw (Cal) 217Swapan Manna v The State of West Bengal & ors. 2023 LiveLaw (Cal) 218Pooja Mehta...

Three Undertrial Prisoners Kept Together In Single Cell Move Calcutta High Court Alleging 'Solitary Confinement'

The Calcutta High Court heard a plea alleging that prolonged placement of three under-trial prisoners in a single prison is inhumane an amounts to 'solitary confinement'.In recording the State’s report on the various issues flagged by the petitioners, including inter alia the lack of medical facilities, non-compliance with Supreme Court guidelines on under-trial prisoners, etc., a...

Supreme Court Collegium Recommends Transfer Of Three Calcutta High Court Judges

The Supreme Court Collegium, in its meeting held on 3 August 2023, has recommended the transfer of 3 Calcutta High Court judges. The Collegium, consisting of Chief Justice of India Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B R Gavai and Justice Surya Kant, has recommended the names of the following 3 judges of the Calcutta High...

Panchayat Elections: Calcutta High Court Provides Police Protection To Victorious BJP Candidates For Panchayat Board Formation

Ahead of the formation of ‘panchayat boards’ pursuant to the declaration of results in the West Bengal Panchayat Elections 2023, the Calcutta High Court has issued a spathe of directions for police protection to the winning candidates during the process to be held on the 11th August (Tomorrow).One such petition was filed by victorious candidates belonging to the Bharatiya Janata Party...

Calcutta High Court Dismisses Income Tax Dept’s Appeal On The Ground Of Low Tax Effect

The Calcutta High Court has dismissed the appeal filed by the Income Tax Department on the ground of low tax effects.The bench of Chief Justice T.S. Sivagnanam and Justice Ajay Kumar Gupta has observed that the total tax was less than Rs. 1 crore, which is the threshold limit fixed by the Central Board of Direct Taxes (CBDT).The department/appellant has raised the issue of whether ITAT erred...

‘Blame-Game Between Govt Authorities Highly Deprecated’: Calcutta HC Directs Accountant-General To Refund Amount Deposited By Litigant In 2004

The Calcutta High Court today directed the West Bengal's Accountant General to refund an amount of Rs 66,000 to a litigant who was made to deposit the said amount in relation to a civil proceeding back in 2004.In rebuking the “procrastination on behalf of the authorities” in refunding the petitioners deposit even after the case had been settled out-of-court in 2008, a single-bench of...

[Grievous Hurt] Calcutta High Court Criticises Trial Court For Relying Solely On Party's Submissions, Not Calling For Injury Report

The Calcutta High Court recently took exception to a Sessions Court order solely relying on prosecutor's failure to raise objections to grant of bail to accused in a case of grievous hurt and rejecting the complainant'splea for cancellation of bail, without calling for an injury report. A single bench of Justice Shampa (Dutt) Paul held:It is unfortunate that considering the nature of...

Dhulagarh Riots Coverage| Calcutta HC Quashes Case Against Journalists Sudhir Chaudhary, Pooja Mehta For Allegedly 'Promoting Enmity'

The Calcutta High Court last week QUASHED a case against Former Zee News Editor (presently Consulting Editor, Aaj Tak) Sudhir Chaudhary, Zee News Journalist Pooja Mehta and cameraperson Tanmay Mukherjee under Section 153A IPC for allegedly 'promoting enmity' during their coverage on 2016 Dhulagarh Riots.The bench of Justice Bibhas Ranjan De observed that the prosecution could not produce...

Calcutta High Court Allows BJP Functionary To Hold Rally On World Tribal Day, Issues Directions To Avoid Clash With TMC Rally

The Calcutta High Court has allowed a plea filed by a functionary of the Bharatiya Janata Party (“BJP”) seeking permission to hold a rally and meeting on the 9th of August (today) at the Pingbone Nabkung Ground (Math) in Paschim Medinipur, on the occasion of World Tribal Day.It also issued directions to avoid any clashes with another rally to be held on behalf of Trinamool...

‘Fraudulent’ Conduct Of Railways Has Shocked Our Conscience: Calcutta HC Unconditionally Stays Arbitral Award, Directs Probe By Union Govt

The Calcutta High Court today unconditionally stayed an award granted in favour of the South Eastern Railways (“SER”) under the Arbitration & Conciliation Act, 1996 (“Arbitration Act”) on grounds of fraud and corruption perpetrated by collusion between the parties in obtaining the impugned award.In expressing his dismay and directing an investigation into the matter by a...