Calcutta High Court
Adverse Remarks On Employee's Integrity Must Be Based On Conclusive Evidence In Disciplinary Proceedings : Calcutta High Court
A Division bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty & Justice Reetobroto Kumar Mitra held that adverse remarks on an employee's integrity must be based on conclusive findings in disciplinary proceedings, and a person who has earned reputation cannot be ousted through imposition of a stigma on the basis of perverse findings. Background Facts...
Calcutta High Court Directs RG Kar Victim's Parents To Approach Trial Court Seeking Permission For Counsel To Visit Crime Scene
The Calcutta High Court has directed the parents of the trainee doctor who was raped and murdered at Kolkata's RG Kar hospital to approach the Trial Court seeking permission for their newly engaged counsel to visit the scene of occurence, barring the seminar room where the incident took place.Justice Tirthankar Ghosh directed the parties to approach the trial court upon noting that the...
Employee Transferred From Central Govt Scheme To State University Sanctioned Post, Not Objected By State Govt, Can't Be Denied Retiral Benefits : Calcutta HC
A Division Bench of the Calcutta High Court comprising of Justice Soumen Sen and Justice Smita Das De held that an employee transferred from central government scheme to state university sanctioned post without any objections from the state Government at the time of transfer, can't be denied retiral benefits. Background Facts The respondent was appointed as a Field Assistant Grade-II...
Calcutta High Court Commutes Death Penalty Of Man Who Raped Minor, Burned Her Dead Body
The Calcutta High Court on Tuesday (June 24) commuted the death penalty awarded to a man convicted for the rape and murder of a minor girl to life imprisonment, after noting that he did not have any criminal antecedents or past unsocial behaviour and was of "advanced age of 58 years". The court however upheld the conviction of the appellant by the trial court, observing that...
Eden Gardens Not A 'Public Street', Imposing Ad Tax Without Regulations Violates Rule Of Law: Calcutta High Court Quashes Demand Notice
The Calcutta High Court bench of Justices Arijit Banerjee and Justice Kausik Chanda has held that without framing Regulations or without the budget estimate prescribing the rates at which advertisement tax may be levied by Kolkata Municipal Corporation (KMC), computation and imposition of such tax would be arbitrary. It would have no rational basis. It would then be open to KMC to quantify...
Calcutta High Court Directs Bengal Govt To Prevent Illegal Transportation Of Elephants Outside State Borders
The Calcutta High Court has directed the West Bengal government to ensure that elephants are not taken out of the state in an illegal manner.Justices Ravi Kishan Kapur and Arindam Mukherjee were taking up a matter concerning three elephants who had been taken out of the state illegally and had been taken across the border to Bihar.In directing the authorities to repatriate the elephants,...
RG Kar Victim's Parents Move Calcutta High Court Seeking Permission For Counsel To Visit Crime Scene
Parents of the trainee-doctor who was brutally raped and murdered at Kolkata's RG Kar hospital have moved the Calcutta High Court seeking an urgent hearing in the ongoing case before the High Court and permission for their counsel to visit the scene of occurence on the hospital premises.The petitioner's counsel Phiroze Edulji approached a bench of Justice Tirthankar Ghosh seeking that the...
Calcutta High Court Directs Authorities To Consider Applicant's Transgender Identity Card For Passport Application
In a significant ruling, the Calcutta High Court has directed the Regional Passport Office, Kolkata to consider the petitioner's application for a new passport along with her transgender identification card.Justice Amrita Sinha held: "The petitioner shall take steps in accordance with law for the purpose of obtaining the passport. The transgender identity card of the petitioner shall be...
'Chief Justice Could Not Have Initiated Suo Moto Contempt Case In Administrative Capacity': TMC Leader Kunal Ghosh Tells Calcutta High Court
A three-judge bench of the Calcutta High Court comprising Justices Arijit Banerjee, Sabyasachi Bhattacharya and Rajarshi Bharawaj on Monday took up an ongoing suo moto contempt matter pertaining to an alleged commotion created on court premises by TMC leader Kunal Ghosh and others.The matter was taken up by the Chief Justice, who had constituted the three-judge bench to look into the issue....
Calcutta HC Declines Urgent Listing Of Contempt Plea Against State Continuing Recruitment Of OBC A & B Candidates Despite Stay On New OBC List
The Calcutta High Court has denied a plea to urgently list a contempt application filed against the West Bengal government's alleged decision to continue with the recruitment process consisting of OBC A and B category candidates, despite the High Court's order staying the government notification to begin the process of identifying new OBC classes, after it had struck down all OBC classes...
Arbitrator Can't Be Impleaded In Application U/S 36(2) Of A&C Act Unless Prima Facie Case Of Fraud Or Corruption Is Established: Calcutta HC
The Calcutta High Court bench of Justice Aniruddha Roy has held that when an application under Section 36(2) seeking unconditional stay of the award on the ground of fraud or corruption is pending adjudication, the question of impleading the person who delivered the award does not arise at such a premature stage. Unless the court, upon examining the application, arrives at a prima...
Injunction Can't Be Granted In Absence Of Any Risk Of Assets Dissipating Or Pleadings Indicating Frustration Of Award: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that at this stage, the petitioner is adequately secured under the schedule to the deeds of hypothecation agreement. The respondent remains fully operational and continues its business activities. There is nothing in the pleadings to suggest that the respondent has attempted to remove or alienate its assets in a...