Bar Against Even Number Of Arbitrators Is Not Attracted In Case Of Statutory Arbitration U/S 18(3) Of MSMED Act: Calcutta HC

A division bench of Calcutta High Court comprising Justices Uday Kumar and Sabyasachi Bhattacharya in a notable judgment has observed that the bar restricting the number of arbitrators to even numbers, which is applicable when the parties themselves appoint arbitrators under the Arbitration and Conciliation Act (“ACA”), is not attracted to a statutory arbitration under Section...

Illegal Occupants Entitled To Electricity Despite Lack Of Occupancy Documents: Calcutta High Court

The Calcutta High Court circuit bench at Port Blair has ruled that an illegal occupant of government revenue land cannot be denied electricity solely on the ground of not furnishing ownership or occupancy documents listed in Clause 5.30 of the Joint Electricity Regulatory Commission (JERC) Regulation, 2018.It has been ruled by the Court that while the clause outlines documentary requirements,...

[Recruitment Scam] Calcutta High Court Upholds Order Barring 'Tainted Candidates' From Applying Afresh

The Calcutta High Court has upheld a single bench order debarring tainted candidates who were ousted from their jobs by the Supreme Court from reapplying for the fresh recruitment process.Justices Soumen Sen and Smita Das De had previously asked whether the School Service Commission of the state could defend the cause of candidates who were found to be tainted by the Apex Court. On this...

Calcutta High Court Seeks Delhi Govt's Response Over Bengal Family Allegedly Detained By Delhi Police & Deported To Bangladesh

The Calcutta High Court has sought answers from the Delhi government over the alleged detention of a migrant family from Bengal and their subsequent deportation to Bangladesh.A division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra orally observed, "We have had a similar matter yesterday, in that we said that before issuing rule, we can seek a response from the state, so...

Legal Heir Of Partner Can Seek Reference To Arbitration When Deed Provides For Partnership To Continue After Partner's Death: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has observed that where a partnership deed provides that the heir of the deceased shall inherit the share and the partnership will continue, then the legal heir can seek reference of disputes to arbitration based on the arbitration clause in the deed of partnership. The Court highlighted that for non-signatories to be made a party...

Calcutta High Court Seeks Response From Odisha Govt Over Alleged Detention Of Migrant Workers From Bengal

The Calcutta High Court has posed several questions to the government of Odisha over allegations of Bengali speaking migrant workers from West Bengal allegedly being detained in Odisha.A division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra directed the Chief Secretary of West Bengal to appoint a nodal officer to coordinate with the Odisha government and pose the...

Section 80IA Income Tax Act | Internal CUP Method Is Most Appropriate For ALP Determination In Captive Power Transactions: Calcutta High Court

The Calcutta High Court held that Internal CUP (Comparable Uncontrolled Price) method is most appropriate for ALP (Arm's Length Price) determination in captive power transactions. Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) was addressing issue of whether the Internal Comparable Uncontrolled Price (CUP) method adopted by the assessee was right in determining...

Kolkata Law College Rape Case | 'Satisfied With Kolkata Police Probe': Victim's Lawyer Tells Calcutta High Court

The Calcutta High Court on Thursday was told by the lawyer representing the female student who was allegedly gang raped in South Kolkata Law College, that the victim's family was presently satisfied with the Kolkata police's progress in probing the incident.A Division bench of Justices Soumen Sen and Smita Das De was hearing multiple PILs seeking an independent probe into the incident, as well...

'Constitutional Courts Can Mould Reliefs To Prevent Injustice': Calcutta High Court Quashes Rejection Of Candidature In CAPF Selection

The Calcutta High Court bench of Justice Aniruddha Roy has held that the constitutional court under Article 226 is obligated to ensure that no citizen is deprived of his legal and constitutional rights to which he is entitled. Therefore, to ensure that no injustice is meted out to the citizens, the court is empowered to mould reliefs in light of the facts and circumstances of...

[Recruitment Scam] Can SSC Defend Cause Of 'Tainted Candidates' Who Were Barred From Re-Applying? Calcutta High Court Asks State

"Can the school service commission defend the cause of candidates who were labelled as tainted by the Supreme Court in the recruitment scam?" the Calcutta High Court asked recently.A division bench of Justices Soumen Sen and Smita Das De was hearing an appeal against a single bench order which had debarred tainted candidates from reapplying under the fresh recruitment process, in line with...

Issues Of Misjoinder Of Parties & Incorporation By Reference Fall Within Purview Of Arbitral Tribunal: Calcutta High Court

The Calcutta High Court Bench of Justice Shampa Sarkar, while allowing an application for appointment of arbitrator has observed that the issues of misjoinder/non-joinder of parties and whether the arbitration clause contained in the principal agreement was incorporated by reference in a subsequent agreement by the successors-in- interest would fall within the domain of the...

West Bengal Govt Challenges Single-Judge Order Debarring “Tainted” Candidates From Reapplying For Fresh Recruitment

The State of West Bengal has approached the Calcutta High Court challenging a single bench order which held that tainted candidates in the SSC Recruitment scam would not be allowed to re-apply for the fresh recruitment process, as held by the Supreme Court. The appeal was moved before a division bench of Justices Soumen Sen and Smita Das De.The single bench noted that according to an...