Calcutta High Court
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...
‘Serve People As Living Gods’: Justice Rabindranath Samanta Bids Farewell To Calcutta High Court
The Calcutta High Court on Friday convened a Full-Court Reference on the occasion of Farewell of Justice Rabindranath Samanta. He was elevated to the Calcutta High Court as an Additional Judge in August 2021, and was made a permanent judge in May 2022. Prior to being elevated, he had served as a member of the District Judiciary in West Bengal since 1987, and had risen through various ranks of...
WB Panchayat Elections: Calcutta High Court Seeks SEC's Response On Allegations Of Forced Withdrawal Of Nominations
The Calcutta High Court on Thursday sought the response of West Bengal State Election Commission (“SEC”) to allegations regarding forced withdrawal of nominations filed by candidates for the upcoming panchayat elections, slated to be held on July 8.“We don’t understand how the Commission is being run…the voters themselves are complaining that someone who was desirous of...
Coal-Cattle Scam: Calcutta High Court Directs Single Judge To Decide Afresh Plea For CBI Probe Into Murder Of Trader Raju Jha
In a case concerning a murder investigation linked with the infamous coal and cattle scams in West Bengal, the Calcutta High Court today said that the powers of a Court to transfer an investigation from one investigative agency to another, particularly a central investigative agency, must be exercised “sparingly” and only along parameters as laid down in multiple decisions of the...
High Court Slams Kolkata Municipal Corporation For Engaging Contractual Employees To Permanent Posts, Restrains Their Termination As One Time Measure
The Calcutta High Court has pulled up the Kolkata Municipal Corporation (“KMC”) for its practice of engaging contractual workers to carry out the tasks of permanent employees against the settled position of law in various rules of recruitment, as well as precedents laid down by the Supreme Court from time to time. A division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray...
“Writ Of Certiorari And Quo Warranto Can Peacefully Coexist”: Calcutta High Court Allows Amendment For Addition Of Prayer In Writ Petition
The Calcutta High Court recently allowed a plea seeking to insert prayer for writ of Quo Warranto in a Writ petition filed seeking a writ of Certiorari for quashing a Notification issued by the Minority Affairs and Madrasah Education Department of the State.A single-judge bench of Justice Moushumi Bhattacharya held that it would be within the powers of a Writ Court under Article 226 of...
'Polls Should Be Stopped If Bloodbath Continues': Calcutta High Court Orders CBI Probe Into Violence During Nominations For Panchayat Elections
The Calcutta High Court today directed the Central Bureau of Investigation (CBI) to probe into alleged instances of violence and corruption that have taken place during nominations for elections to the Three-tier Panchayati Raj System in West Bengal, slated to be held on July 8. A single-judge Bench of Justice Amrita Sinha took exception to the claims of abject violence taking place at the...
“If Officials Are So Busy, They Better Wind Up”: Calcutta High Court Flays SEC For Requisitioning Inadequate Central Forces Amid Panchayat Elections
The Calcutta High Court on Wednesday issued fresh directions to the West Bengal State Election Commission (“SEC”) to requisition the deployment of additional central paramilitary forces for the WB Panchayat Elections 2023, within 24 hours.A division bench of Chief Justice Sivagnaman and Justice Uday Kumar took exception to SEC requisitioning only 22 companies of paramilitary forces as...
“Part Of Kolkata’s Heritage”: Calcutta High Court Directs Govt To Constitute Committee To Examine How Tram Services Can Be Preserved
The Calcutta High Court today directed the State of West Bengal and its Transport department to form a committee to examine, and submit a report as to how Tram services can be "restored, maintained and preserved" in the city of Kolkata.The Bench comprising Chief Justice Sivagnaman and Justice Ajay Kumar Gupta passed the order in a PIL for preservation of remaining stretches of tram railways...