Calcutta High Court
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...
‘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...