Calcutta High Court
POSH Act | Participation Of Accused In Appraisal Process Of Complainant Makes Mockery Of Entire Process: Calcutta High Court
The Calcutta High Court has recently held that the actions of an accused under the Prevention of Sexual Harassment in the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), in being party to an appraisal report of the complainant thereunder, “vitiates and makes a mockery of the entire process.”In hearing a contempt application filed by the...
State Election Commissioner Independent Constitutional Body, Plea For Removal Not Maintainable: Calcutta High Court
The Calcutta High Court has dismissed pleas filed against the West Bengal State Election Commission, for inter alia re-conduct of elections in areas where seats were uncontested, extension of dates for filing nominations and removal of the State Election Commissioner, among other ancillary reliefs. A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya held...
Panchayat Elections | Serious Issue If State Can't Control Violence, Outcome Of Elections Subject To Our Ultimate Orders: Calcutta High Court
The Calcutta High Court on Wednesday expressed its anguish over repeated complaints about alleged violence and mismanagement during the Panchayat Election process conducted by the WB State Election Commission.Expressing displeasure over the unfolding situation of lawlessness, a division-bench of Chief Justice Sivagnanam and Justice Hiranmay Bhattacharya emphatically warned that decision...
Calcutta High Court Holds Full-Court Obituary Reference In Memory Of Justice Tarun Chatterjee
The Calcutta High Court on Tuesday observed a full-court reference to remember the legacy of (Late) Justice Tarun Chatterjee, who sadly passed away on the 7th of July 2023, at the age of 78.Born to former Calcutta High Court Judge, Justice Purshottam Chatterjee in January 1945, Justice Tarun Chatterjee enrolled as an Advocate in 1970 at Calcutta and practiced in the High Court in Civil,...
Calcutta High Court Issues Notice On Plea Challenging Exclusion Of Disability Related Questions From NFHS-6
The Calcutta High Court on Tuesday, issued notice to the Ministry of Health and Family Welfare, Union of India, the Department of Health and Family Welfare, Govt of WB, and other authorities, in a plea challenging the exclusion of disability related questions from the 6th instalment of the National Family Health Survey (“NFHS”).In acknowledging the cause raised by the petitioners...
Calcutta High Court Quashes Trespass Charges Against Bank's Debt Manager, Says Visit To Defaulter's House Was In Due Course Of Official Duty
The Calcutta High Court recently quashed the criminal proceedings for trespass and intimidation initiated against ICICI Bank's debt manager who had visited the house of a credit card holder in connection with pending dues.A single-judge bench of Justice Shampa Dutt (Paul) held,“The petitioner being the Debt Manager of the bank's separate wing, with appropriate training as per RBI guidelines...
Why Couldn’t You Control Law & Order? Registry Flooded With Emails Alleging Poll Violence: Calcutta High Court Slams SEC
The Calcutta High Court today questioned the WB State Election Commission regarding their apparent mismanagement of the Panchayat Election 2023, due to incessant barrage of complaints being received by the Court as well as its registry regarding rampant electoral malpractice and instances of deadly violence.A bench comprising Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya...
Panchayat Elections: Calcutta High Court Seeks Report On Alleged Poll Violence; Orders Treatment Of Injured, Support For Last Rites Of Deceased
The Calcutta High Court on Monday called for reports on the scale of alleged violence during polling for the West Bengal Panchayat Elections 2023 on July 8.A division-bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya also directed the State government to provide “best treatment” and healthcare facilities for those who had been injured, as well as make arrangements...
Tender Process By Public Undertaking Must Be Transparent To Ensure Best Competitor Is Chosen: Calcutta High Court
The Calcutta High Court has observed that to ensure that the best competitor is chosen, the process of selection adopted by a public undertaking is required to be transparent.A single-judge bench of Justice Sabyasachi Bhattacharya observed thus set aside the rejection of tender submitted by petitioners Texmaco Rail & Engineering Ltd., on the grounds that such a rejection by...
Finding Of The Tribunal Regarding The Existence Of The Arbitration Agreement Should Not Be Interfered With Unless It Is Manifestly Clear That There Was No Agreement: Calcutta High Court
The High Court of Calcutta has held the Courts, while exercising powers under Section 48 of the A&C Act, cannot re-appreciate the evidence or substitute its view with that of the arbitral tribunal. It reiterated that the scope of judicial interference at the stage of enforcement of foreign award is limited to the grounds mentioned under Section 48 and the court is only required to...
Calcutta High Court Weekly Round-Up: July 02 To July 09
NOMINAL INDEXThe 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) 182Vikas Kumar Bajoria & Anr. Vs The State of West Bengal & Anr 2023 LiveLaw (Cal) 1831. MSMED Act | Defaulting...
MSMED Act | Defaulting Buyer Not Liable To Pay Interest At 3 Times Bank Rate If Supplier Is A Medium Enterprise: Calcutta High Court
The Calcutta High Court has ruled that where the supplier is a “medium enterprise” under Section 16 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), the rate of interest levied on the arbitral award would be at the bank rate notified by the RBI, and not three-times of such rate, as would have been the case if it were a Micro, or Small enterprise under Section...