Calcutta High Court
High Court Slams Kolkata Municipal Corporation Over Unauthorized Street Vendors Issue, Says Inaction Amounts To 'Rewarding Encroachers'
In a PIL filed by a practising Advocate, concerning the blockage and encroachment of a public road by unauthorised vendors and shopkeepers, the Calcutta High Court pulled up the Kolkata Municipal Corporation (KMC) and Kolkata Police for being unable to evict the unauthorised encroachers and trespassers masquerading as hawkers on governmental property.A division bench of Chief Justice...
Calcutta High Court Seeks State's Response On Plea Alleging 'Overload' Of State Representatives On Search Committee For State Universities VCs
The Calcutta High Court has sought the State's response in a PIL concerning composition of search committees for the selection of Vice-Chancellors for WB State Universities, following the West Bengal University Laws (Amendment) Ordinance, 2023, (“2023 amendment”).The Ordinance increased the strength of the Committee from 3 to 5 to include Chief Minister’s nominee and a representative of...
Calcutta High Court Weekly Round Up: June 12 To June 18, 2023
NOMINAL INDEXAtindra Nath Mondal v State of WB and ors 2023 LiveLaw (Cal) 156Suvendu Adhikari & Ors v. WB State Election Commission 2023 LiveLaw (Cal) 157Sri Santosh Saha and Anr vs The Managing Director, Calcutta State Transport Corporation 2023 LiveLaw (Cal) 158Dinesh Kumar Birla v Institute of Cost Accountants of India and Anr 2023 LiveLaw (Cal) 159Apollo Multispeciality Hospitals...
Claimant Not Required To Establish Negligence Of Offending Vehicle U/S 163A Motor Vehicles Act: Calcutta High Court
The Calcutta High Court on Tuesday directed the West Bengal State Transport Corporation (WBSTC) to pay about Rs. 2 lakh compensation to the family of a minor girl who was killed in a road accident with WBSTC bus in 2007.The victims’ parents had approached the Court against an order of the Motor Vehicles Accident Claim Tribunal, wherein it only awarded them Rs 15,000 in compensation. They...
TDS Not Deductible On Trade Discount Allowed By Newspaper Company To INS Accredited Advertising Agent: Calcutta High Court
The Calcutta High Court has held that TDS is not deductible on trade discounts allowed by newspaper companies to Indian Newspaper Society (INS) accredited advertising agents.The bench of Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that the trade discount given by the assessee, engaged in the business of publishing and selling newspapers, to newspaper vendors...
'Allegations Indicate Complicity Among Ministers': Calcutta High Court Dismisses State’s Appeal Against CBI Probe In Municipality Recruitment Scam
The Calcutta High Court has dismissed an appeal filed by the West Bengal government against CBI investigation into the infamous municipality recruitment scam wherein government jobs were given out to those who were unqualified, without following the processes laid down.A Division Bench of Justice Tapabrata Chakroborty and Justice Partha Sarthi Chatterjee observed that the instances of...
WB Panchayat Elections: Calcutta High Court Directs SEC To Grant One More Day To 'Shiksha Bandhus' To File Nomination
The Calcutta High Court today ordered the State Election Commission to grant one more day to the 'Shiksha Bandhus' to file their nominations for the upcoming panchayat elections in West Bengal. The polling is slated to be held on July 8. Today was the last day to file nominations.Shiksha Bandhus are contractual teachers under the erstwhile Sarva Shiksha Abhiyan. A division comprising...
Breaking | WB Panchayat Elections: Calcutta High Court Directs State Election Commission To Requisition Central Forces For All Districts Within 48 Hours
The Calcutta High Court has directed the West Bengal State Election Commission to requisition central forces for all districts in West Bengal within 48 hours for the 2023 Panchayat Elections.A division bench of Chief Justice Sivagnaman and Justice Uday Kumar passed the order in a plea filed by Leader of Opposition in West Bengal, Suvendu Adhikari.The bench noted that a direction for...
WB State Election Commission Prima Facie Trying To Make Order On Panchayat Elections 'Unworkable': Calcutta High Court Warns Of Contempt
The Calcutta High Court today warned the State Election Commission of contempt action for its alleged failure to implement court's order on panchayat elections in the State, including a direction for identification of sensitive areas and deployment of central forces.A bench headed by Chief Justice Sivagnaman expressed displeasure at the SEC after BJP's Suvendu Adhikari mentioned an urgent...
Can't Interdict Election Process: Calcutta High Court Refuses To Entertain Writ Petition Against Rejection Of Nomination In ICAI Elections
The Calcutta High Court on Wednesday dismissed a Writ Petition filed by a member of the Institute of Cost Accountants of India (ICAI), Ahmedabad chapter, contesting the rejection of his nomination for elections to the Council of the ICAI. In dismissing the appeal, a division bench of Chief Justice Sivagnaman and Justice Hiranmay Bhattacharya allowed the petitioner liberty to approach the...
Violates Fundamental Right To Trade: Calcutta High Court On State Commission's Order Fixing Treatment Rates For Private Hospitals
The Calcutta High Court has held that a number of Advisories and an Order issued by the West Bengal Clinical Establishment Regulatory Commission (“Commission”) for fixation of rates and charges by Clinical Establishments (“CEs”) from patients in the State, were without any statutory backing and thereby violated the Fundamental Right to Trade of the CEs under Article 19(1)g of...
WB Panchayat Elections: Calcutta High Court Says Police To Render Assistance If Candidates Complain Of Being Prevented From Filing Nominations
A single-judge bench of Justice Rajasekhar Mantha of the Calcutta High Court has allowed a petition on behalf of prospective candidates in the forthcoming three Panchayat elections, praying for police protection to file nomination papers. Earlier, a division bench of Chief Justice Sivagnaman and Justice Hiranmay Bhattacharya had expressed their inability to extend the date for filing...