Calcutta High Court
“Absolutely Premature”: Calcutta High Court Dismisses PIL Seeking Strict Implementation Of PoSH Act Within The High Court
The Calcutta High Court on Monday dismissed a PIL filed by a practising advocate for the “strict implementation” of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”) within the Calcutta High Court. Petitioner claimed that various RTIs filed by him revealed that the PoSH Act had not been complied with in its entirety.In noting...
S.498A IPC | Mental Cruelty Is A State Of Mind, Cannot Have Uniform Standard In Matrimonial Cases: Calcutta High Court
The Calcutta High Court recently allowed the appeal preferred by a husband against trial court order convicting him for alleged offences of mental and physical cruelty allegedly inflicted upon his spouse/ complainant.A Single-bench of Justice Shampa (Dutt) Paul held:Though this witness has stated that she was assaulted by the appellant and his family members and suffered bleeding injuries,...
Calcutta High Court Weekly Round-Up: July 31 - August 5
NOMINAL INDEXNazia Elahi Khan vs State of West Bengal and Ors. 2023 LiveLaw (Cal) 201The National Investigation Agency & anr. vs State of West Bengal & ors. 2023 LiveLaw (Cal) 202Nigrani Sansthan Vs State Of West Bengal And Ors. 2023 LiveLaw (Cal) 203The West Bengal Small Industries Development Corporation Limited WBSIDC Vs. Kaushalya Infrastructure Development Corporation Limited...
Raids By Eastern Coalfields Officials Not Illegal: Calcutta High Court Quashes FIRs Against Officials On Counts Of Theft, Outraging Modesty Of Woman
The Calcutta High Court recently quashed the criminal proceedings initiated against officials of the Eastern Coalfields, who had, in accordance with directions of the Court, undertaken a raid to crack down on the “terror and running of parallel administration of illegal [coal] mining within the Eastern Coalfield area in Burdwan.”Eastern Coalfields Limited is a subsidiary of Coal India...
'Even Live-Streaming Being Abused': Calcutta High Court Regrets Misuse Of Provision For Recall, Imposes ₹5 Lakh Cost
The Calcutta High Court recently slammed the practise of the Bar invoking procedural formalities in order to take a “circuitous route" to reopen an issue which is already decided and having an order reviewed under the garb of recall."A desperate attempt is made to have the order reviewed in the garb of recall...Even a live streaming, which has started with the. avowed object is being...
Pension: Calcutta High Court Says Employee Can't Be Penalised For Shortfall In Service Due To Delay By Authority In Making Appointment
The Calcutta High Court recently allowed a writ petition filed by an Assistant Teacher of a primary school, who challenged the order of the Principal Secretary to the Government of West Bengal School Education Department, denying him pensionary benefits. The petitioner had also sought condonation of “deficiency in the qualifying service period” for pension.In allowing the...
Without Pre-Deposit U/S 19 MSMED Act, Application U/S 34 Arbitration Act Remains 'Stillborn’ For Purpose Of Stay: Calcutta High Court
The Calcutta High Court recently dismissed an application filed by the Board of Major Port Authority for the Shyama Prasad Mookerjee Port, Kolkata, for staying the operation of an arbitral award passed by the West Bengal State Micro Small Enterprises Facilitation Council (“MSME Council”).In refuting the petitioners contention that filing an application u/s 34 of the Arbitration...
Woman Taking Regularly Worn Ornaments When Leaving Matrimonial Home After 29 Yrs Can’t Be Basis For Criminal Proceedings: Calcutta High Court
The Calcutta High Court recently quashed the criminal proceedings initiated against a woman by her husband, a practising advocate, for the alleged theft of certain gold ornaments and valuables from her matrimonial home.A single-bench of Justice Shampa (Dutt) Paul opined that the items she was accused of stealing were “worn on a regular basis by traditional Bengali married women.”...
Calcutta High Court Suspends Andaman & Nicobar Chief Secretary & Fines Lt Gov For Not Implementing Directions For Daily Wagers' Benefits
The Calcutta High Court’s Circuit Bench at Port Blair on Wednesday, under its contempt jurisdiction, suspended Keshav Chandra, the Chief Secretary of the Andaman & Nicobar Islands Administration, and fined Admiral D.K. Joshi, the Lt. Governor, a sum of Rs 5 lakh to be paid “from his own funds” and directed him to be present at the next hearing to show cause why they should not...
Buyer Not Liable For Seller's Default: Calcutta High Court Set Aside ITC Reversal Demand Against Buyer
The Calcutta High Court has held that before directing the recipient of service or buyer to reverse the input tax credit and remit it to the government, the department ought to have taken action against the selling dealer.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that the issuance of a demand notice on the recipient of service on account of...
Calcutta High Court Upholds Interim Hike In Minimum Wage For Tea-Plantation Workers, Directs State To Finalise Minimum Wage In 6 Months
The Calcutta High Court has dismissed a plea by owners/lessors of several tea plantations, for setting aside an advisory dated 27th April 2023, issued by the State Labour Commissioner hiking interim minimum wage for tea plantation workers to Rs 250/- per day w.e.f. 1st June 2023.A single-bench of Justice Raja Basu Chowdhury also directed the State to finalise the minimum wage settlement for...
Food Safety & Standard Act Doesn't "Impliedly Repeal" S.273 IPC, Police Officer Not Debarred From Investigating Adulteration: Calcutta High Court
The Calcutta High Court has refused to quash three separate criminal proceedings initiated under Sections 272/273 (Adulteration of food or drink intended for sale), 420 (Cheating) and 120B (Criminal Conspiracy) of IPC, against manufactures of allegedly spurious food items.In refuting the petitioner’s argument that the provisions under the Food Safety and Standard Act 2006 (“FSSAI...