Calcutta High Court
Counterclaim In Arbitration Cannot Be Allowed After Commencement Of Claimant's Evidence: Calcutta High Court
The Calcutta High Court bench of Justice Hiranmay Bhattacharyya has held that a counterclaim in arbitration proceedings cannot be allowed after the commencement of the claimant's evidence, as doing so would cause serious injustice to the other party. The present petition has been filed under Article 227 of the Indian Constitution against an order passed by Arbitrator by which...
[S.483(2) BNSS] Calcutta High Court Suspends Bail Granted To POCSO Accused By Trial Court Without Hearing Victim
The Calcutta High Court has suspended the bail granted to a man accused under the POCSO Act, by the trial court, after finding that the bail had been granted without hearing the victim in the case.Justice Bivas Pattanayak held: "In the present case, undisputedly, the informant/victim was not notified about the bail application filed by the opposite party no.2 and, therefore, there is factually...
Calcutta High Court Stays Labour Dept Notification Disqualifying Retired Workers From Holding Offices In Trade Unions
The Calcutta High Court has stayed a notification by the State's Labour department, disqualifying retired workers from holding offices in trade unions.The order was passed by Justice Shampa Dutt (Paul).A writ petition was filed by the Federal Chatkal Mazdoor Union had challenged Notification No. 41/Misc02/2025 dated 08.04.2025 issued by the Registrar of Trade Unions, Government of West...
Writ Court Is Empowered To Direct Article 12 Authority To Release Admitted Dues For Work Done To Satisfaction Of Authority: Calcutta High Court
The Calcutta High Court bench of Justice Aniruddha Roy has held that once a Work Order is issued and the work is completed to the satisfaction of an authority falling under Article 12 of the Constitution of India, it becomes mandatory for the authority to release the payment. Failing this, the Court, in exercise of its jurisdiction under Article 227 of the Constitution, can direct...
Section 94 BNSS Is 'Supplementary Tool' For Seeking Production Of Documents During Probe To Prevent Failure Of Justice: Calcutta High Court
The Calcutta High Court has held that the objective of Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is to confer power to seek production of evidence deemed relevant for conducting of investigation, and which are not already on record.Justice Tirthankar Ghosh held: "The ultimate object behind Section 94 of BNSS is to confer power in the hands of the Court or in case of...
Expecting Educated & Earning Wife To Contribute To Household Expenses Is Not Cruelty: Calcutta High Court
The Calcutta High Court has quashed cases filed by a wife against her husband and in-laws, accusing them of cruelty under Section 498A the Indian Penal Code, and under various sections of the SC/ST Act and Juvenile Justice Act.Justice Ajay Kumar Gupta held: "The opposite party no. 2 is an educated and earning woman, and the routine expectations of contributing towards household expenses,...
Calcutta High Court Dismisses PIL Seeking CBI Probe Into Alleged Fraudulent Grant Of Caste Certificates Over Last 15 Yrs
The Calcutta High Court has dismissed a public interest litigation by the petitioners, seeking the cancellation of the caste certificates granted to the respondents, and for a CBI probe into the allegedly irregular grant of caste certificates by the state over the last 15 years.A division bench of Justices Sujoy Paul and Smita Das De held: "As analyzed above, the petitioners not only have...
Calcutta High Court Declines Plea By 'Tainted' Candidates Challenging Cancellation Of Admit Cards For SSC Re-Exam
The Calcutta High Court has declined a plea by 'tainted candidates' in the SSC Recruitment process, embroiled in the cash for jobs scam, challenging the cancellation of their admit cards to appear in the re-examination ordered by the Supreme Court.Their admit cards were cancelled in line with the Supreme Court's directions to disallow tainted candidates from the fresh recruitment process,...
Ramkrishna Mission Cannot Deny Appointment To Professor Merely Due To Divergent Views Expressed Online: Calcutta High Court
'The principles lived and experienced by Sri Ramakrishna, and further articulated by Swami Vivekananda, are of such universality that they may be accepted even by persons professing a different religion, faith, or ideology,' the court said.
Continuing Wrong By State Creating Continuous Injury : Calcutta HC Upholds Condonation Of Service Deficiency & Grants Pension
A Division bench of the Calcutta High Court comprising Reetobroto Kumar Mitra, J. and Tapabrata Chakraborty, J. held that in case of the continuing wrong creating a continuous source of injury due to delay on part of the State, the grant of pension upon condonation of deficiency in service is allowed. Background Facts The respondent's name was sponsored by the Employment Exchange...
Calcutta High Court Orders Demolition Of Tower At Elita Garden Vista Apartment Complex Over Fraudulently Obtained Sanction
The Calcutta High Court has directed the demolition of an additional tower constructed at the city's Elita Garden Vista housing complex, which had been constructed without the consent of the flat owners in the 15 towers, erected per the original sanction plan.Justices Rajasekhar Mantha and Ajay Kumar Gupta held:"There is no alternative to demolition when an additional structure is...
Calcutta HC Grants Anticipatory Bail To Wife Accused Of Abetting Estranged Husband's Suicide After Not Returning To Matrimonial Home
The Calcutta High Court has granted anticipatory bail to a woman who was accused of abetting the suicide of her estranged husband, by her mother-in-law, after the husband hung himself over the wife's refusal to return to the matrimonial home.In granting the plea, Justice Jay Sengupta held: "It will for the Courts to finally decide whether there is any element of abetment of suicide in this case....