Calcutta High Court
ECLGS Scheme: Calcutta High Court Pulls Up Govt Company For Defying Its Directions
The Calcutta High Court has recently slammed the National Credit Guarantee Trustee Company Ltd. set up by the Union Finance Ministry for its "contumacious conduct" to defy Court's order requiring consideration of petitioner, a food and lodging business, for the benefit of an Emergency Credit Line Guarantee Scheme (ECLGS).A single-judge bench of Justice Moushumi Bhattacharya sternly...
Why Candidates Apprehending Violence Not Approaching Election Commission? Calcutta High Court Asks In Plea Seeking Fresh Election Process
The Calcutta High Court on Tuesday asked why the candidates apprehending violence amidst the 2023 Panchayat Elections have been hesitant to file election petitions before the State Election Commission."If violence has happened against a candidate, what deters them from approaching Election Commission complaining of the same? EC has shown data that withdrawal percentage is 9.1% which is far...
Panchayat Elections: Calcutta High Court Directs SEC To Reconsider Names 'Abruptly' Dropped From Contesting Candidates List, Verify Claims Of Violence
The Calcutta High Court has observed that election of candidates uncontested has a detrimental impact on the right to choice afforded to voters of an electorate. A single-judge bench of Justice Amrita Sinha thus directed the State Election Commission to reconsider its decision declaring certain candidates as 'elected uncontested', after abruptly dropping the names of other candidates from...
No Specific Allegation Or Privity Of Contract: Calcutta High Court Sets Aside Criminal Proceedings Against Company Director
The Calcutta High Court recently allowed a petition seeking revision of a Trial Court order which initiated criminal proceedings against the director of “GPT Infra Projects Limited”, finding no privity of contract with the complainant M/s Vinayak Construction. A single-bench of Justice Bibhas Ranjan De observed that Vinayak Construction was hired by B2R, a partnership firm, to complete...
Calcutta High Court Weekly Round Up: June 19 To June 25, 2023
NOMINAL INDEXManoj Mishra v State of WB 2023 LiveLaw (Cal) 165Spot Billing Meter Readers Welfare Association v State of WB & ors 2023 LiveLaw (Cal) 166The State of West Bengal and Others v Sabita Roy and connected petitions. 2023 LiveLaw (Cal) 167Professor Syed Haider Hassan Kazimi & Ors. vs State of West Bengal & Anr 2023 LiveLaw (Cal) 168Kausik Ghosh & Ors. Vs. The State of...
Election Violence: Calcutta High Court Finds Similarities In Voter's PIL And Petition Filed By Prospective Candidates, Says It's Prima Facie A 'Set Up'
A Calcutta High Court division bench of Chief Justice Sivagnaman and Justice Ajay Kumar Gupta, on Monday, took exception to the fact that a Public Interest Litigation filed by “independent voters” may have been politically motivated. The voters had complained that the unopposed elections of ruling-party candidates from their block, while stopping the nomination of rival...
Breaking | Plea In Calcutta High Court Seeks Stoppage Of Panchayat Elections, Declaration Of Emergency In West Bengal
In the wake of alleged violence amid upcoming panchayat elections in West Bengal, an urgent petition was mentioned today before the Calcutta High Court seeking declaration of State emergency and stoppage of elections, otherwise slated to be held on July 8.Article 356 of the Constitution empowers the the President to declare State emergency if on receipt of report from the Governor of the State...
Panchayat Elections: Calcutta High Court Stays Single Judge's Directive For CBI Probe Into Allegations Of Tampering Of Nomination Papers
The Calcutta High Court on Friday stayed a single-judge's direction asking the Central Bureau of Investigation (CBI) probe into allegations of tampering of nomination papers, filed by candidates for the West Bengal Panchayat Elections 2023, against a Returning Officer from Howrah district.District Magistrate of Howrah and other Election Officers have challenged the single-judge’s...
S. 8 Application Filed Along With The Written Statement In Suit; Can’t Be Presumed That Party Waived Its Right To Refer Dispute For Arbitration: Calcutta High Court Reiterates
The Calcutta High Court has ruled that it is the duty of the defendant to file the application under Section 8 of the Arbitration and Conciliation Act, 1996 seeking arbitral reference, before filing the first statement in a suit. However, the court remarked that filing of a Section 8 application along with the written statement cannot lead to any presumption that the defendant has waived...
[POCSO Act] When “Ring Of Truth” Found In Victim's Story, Her Non-Examination By Police Is Of No Consequence: Calcutta High Court
The Calcutta High Court has recently upheld the conviction of a boy who allegedly “pawed” at a minor girl while she was accompanied by her mother in a public area. A single-judge bench of Justice Siddhartha Roy Chowdhury upheld the conviction on the basis on the minor’s testimony and noted that non-examination of the victim by the Police would be of no consequence in such...
'Intrusion Into Exclusive Domain Of SEC': Calcutta High Court Sets Aside NHRC Order Appointing Observer To Oversee Panchayat Polls
The Calcutta High Court on Friday set aside an order of the National Human Rights Commission (“NHRC”) deputing the Director General (Investigations) of the Commission as a Special Human Rights Observer for the upcoming panchayat polls, slated to held on July 8.A single-bench of Justice Sabyasachi Bhattacharya observed that panchayat elections are held by the State Election...
Order Under S. 16 Of A&C Act Can Be Challenged Under Article 227 Only On Exceptional Circumstances: Calcutta High Court Reiterates
The Calcutta High Court has reiterated that the remedy under Article 227 of the Constitution of India against the order of the Arbitral Tribunal rejecting the challenge to its jurisdiction under Section 16 of the Arbitration and Conciliation Act, 1996 (A&C Act), can be invoked only on ground of the Arbitrator’s patent lack in inherent jurisdiction, or exceptional circumstances, or...