Calcutta High Court
'Authorities Deciding Valuable Constitutional Rights So Cryptic In Their Consideration': Calcutta HC Sets Aside BDO's Order Denying OBC Certificate
The Calcutta High Court on Wednesday, ex parte set aside an order of the Block Development Officer- Domjur (“BDO”), affirmed by the Sub-divisional Officer (“SDO”), which rejected the claim of the petitioner for an Other Backward Classes (“OBC”) certificate, without allowing him an opportunity for hearing or to produce relevant documents in support of his application. In...
Post Office Guardian Of Nation's Savings: Calcutta HC Asks Postmaster-General To Settle Claim Of Martyr’s Wife Duped Of Deposit By ‘Authorised’ Agent
The Calcutta High Court on Tuesday directed the Chief Postmaster General to settle a claim of Rs 6, 99,500 along with interest, in favour of a martyr's wife who had invested the amount in her local Burnpur Post Office’s MIS and Fixed deposit scheme, which was subsequently misappropriated by an authorised agent. A single-judge bench of Justice Shekhar B. Saraf held:Based on the...
Arbitration Act | Admitted Facts Don’t Breach ‘Twin-Benchmark’ Of Fraud Or Corruption: Calcutta High Court Declines Stay Of Award
The Calcutta High Court has recently dismissed a plea filed by petitioners West Bengal Small Industries Development Corporation Limited (“WBSIDC”) for unconditional stay of an arbitral award passed against it in 2019, on the grounds of fraud and corruption, under Section 36(3) of the Arbitration & Conciliation Act, 1996 (“Act”).In holding that the facts of the case, along with...
Calcutta High Court Monthly Digest: July 2023
NOMINAL INDEX (Citations 180-201)The New India Assurance Co. Ltd. v Winsome International Ltd. 2023 LiveLaw (Cal) 180State Of West Bengal And Ors. Vs Sirajul Islam Gharami And Ors. 2023 LiveLaw (Cal) 181National Human Rights Commission and Ors v The State of West Bengal 2023 LiveLaw (Cal) 182Texmaco Rail and Engineering Limited & Anr v Union of India and Ors 2023 LiveLaw (Cal) 183Tushar...
Calcutta High Court Suggests State To Conduct Periodic Raids To Prevent Illegal Manufacture Of Packaged Drinking Water
The Calcutta High Court has suggested the State's Health and Family Welfare Department to conduct periodic raids in order to quell instances of illegal manufacture of packaged drinking water, without license.Previously, the Court had sought a report regarding the measures taken by the State to ensure the safety of packaged drinking water. Upon perusing such report on Tuesday, a division-bench...
Ram Navami Violence | Further Delay By State In Handing Over Investigation Files To NIA Would Be “Absolutely Contemptuous”: Calcutta High Court
The Calcutta High Court today directed the State authorities to immediately handover all relevant investigation reports and files on the violence that occurred during Ram Navami celebrations in West Bengal to the National Investigation Agency (“NIA”).The probe was transferred to NIA on orders passed by a Division Bench of the High Court, which were affirmed by the Supreme Court...
'This Is Going Beyond Limits': Calcutta High Court Restrains TMC's Planned “Gherao” Of BJP Leaders’ Residence
The Calcutta High Court on Monday passed an interim order in a plea by BJP Leader of Opposition Suvendu Adhikari, restraining TMC leader Abhishek Banerjee, among other functionaries, from carrying out a pre-planned “gherao” of the residences of all BJP leaders in West Bengal.In categorising such gatherings as detrimental to public interest, a bench of Chief Justice TS Sivagnanam and...
Calcutta High Court Dismisses PIL To Restrain CM Mamata Banerjee From Making Allegedly “Provocative Speeches” At Eid Gathering
The Calcutta High Court today dismissed a PIL filed against West Bengal Chief Minister Mamata Banerjee (“private respondent”) for restraining her from using allegedly “provocative speeches” at the “Red Road religious congregation” on the occasion of Eid-u-Fitr, next year.A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya orally remarked:“A...
Calcutta High Court Weekly Round-Up: July 24 - July 30
NOMINAL INDEXAuroma Coke Limited v Coal India Limited and others 2023 LiveLaw (Cal) 192The State of West Bengal & Ors. Vs. M/s. BBM Enterprise 2023 LiveLaw (Cal) 193Tanushree Hazra Vs State of West Bengal And Ors. 2023 LiveLaw (Cal) 194Shreekant Sharma Vs. The State of West Bengal & Anr 2023 LiveLaw (Cal) 195Somnath Gupta Vs. State of West Bengal & Orr 2023 LiveLaw (Cal)...
Calcutta High Court Directs Sentence Review Board To Reconsider Plea For Remission Of Man Who Has Spent 23 Yrs In Jail
The Calcutta High Court has recently directed the West Bengal State Sentence Review Board (“the Board”) to reconsider the plea of a petitioner, who has spent 23 years in incarceration, for remission of sentence, upon noting that the Board which had considered the plea was not only improperly constituted, but had also failed to consider the National Human Rights Commission...
Arbitrator Appeared As Counsel For An ‘Affiliate Company’ Of The Claimant, Award Liable To Be Set Aside : Calcutta HC
The High Court of Calcutta has held that an arbitration award is liable to be set aside for violation of Sections 12(1), 12(2) and 12(5) of the Arbitration and Conciliation Act, 1996 when the arbitrator appeared in court for an ‘affiliate company’ of the claimant during the pendency of the arbitration without disclosing such an engagement to the respondent. The bench of...
Transferring School Teacher Not Violation Of Right To Life, Dignity: Calcutta High Court Upholds Provision Under WBSSC Act
The Calcutta High Court has upheld the constitutional validity of Section 10C of the West Bengal School Service Commission Act, 1997 (“1997 Act”) which was introduced vide an amendment in the year 2017 enabling transfer of a teacher from one school to another.A division-bench of Justice Harish Tandon and Justice Prasenjit Biswas were assigned to decide the common question of...