Calcutta High Court
Calcutta High Court Quashes 25-Yr-Old Case Against Man Booked For Mere Presence At Scene Of Theft, House Trespass
The Calcutta High Court has quashed a case against a man, who was booked for the offences of inter alia theft and house trespass under Sections 448/379/461/417/120B of the Indian Penal Code.In quashing the case arising out of the events in 1999, Justice Suvra Ghosh held:It is a fact that delay is a relevant factor and every accused is entitled to speedy justice in view of Article 21 of...
Calcutta High Court Monthy Digest: April 2025
NOMINAL INDEXM/S. Sauryajyoti Renewables Pvt.Ltd. Vs VSL Re Power Private Limited Citation: 2025 LiveLaw (Cal) 67SRI SWAPAN PAUL VS M/S. PAUL CONSTRUCTION Citation: 2025 LiveLaw (Cal) 68DEEPAK BHARGAVA & ORS. VS. JAGRATI TRADE SERVICES PVT. LTD. & ORS. Citation: 2025 LiveLaw (Cal) 69M/S GREENBILT INDUSTRIES PRIVATE LIMITED VS M/S A B DINESH CONCRETE PRIVATE LIMITED Citation: 2025...
“No Work, No Pay” Doesn't Apply If Appointment Delay Is Due To Authorities' Fault : Calcutta HC
A division bench of the Calcutta High Court comprising of Harish Tandon, J and Prasenjit Biswas, J held that the principle of “No Work, No Pay” does not apply when the delay in appointment is due to the fault of the authorities, thus entitling the affected person to monetary benefits. Background Facts The appellant appeared for 12th Regional Level Selection Test (RLST) for...
Calcutta High Court Issues Contempt Notice Against Mob For Insulting Judge, Heckling Lawyers Inside Court Premises
The Calcutta High Court has issued contempt notice against a 'mob' which had gathered outside one of the courtrooms and heckled lawyers, including Senior Advocate Bikash Ranjan Bhattacharya, as well as insulted Justice Biswajit Basu in a matter related to the ongoing cases on the 2016 SSC selection process. A full bench of the court comprising Justices Arijit Banerjee, Sabyasachi Bhattacharya...
Calcutta HC Declines To Quash SC/ST Act Case Against Ex-Visva Bharati VC For Saying He Won't Allow SC, ST Or OBC Staff To Enter His Office
The Calcutta High Court has declined to quash a case registered under the SC/AT (Prevention of Atrocities) Act against former Vice Chancellor of Visva Bharati University, Prof Bidyut Chakraborty, and other office bearers who were accused of making casteist remarks against an employee of the university at a meeting.Justice Ajay Kumar Gupta held: "The Central Conference Hall of the...
Calcutta High Court Orders Identification Of Individuals Who Heckled Lawyers, Insulted Judge On HC Premises
The Calcutta High Court has ordered the Kolkata police to identify those who had allegedly heckled certain lawyers including Senior Advocate Bikash Ranjan Bhattacharya, on the High Court premises, as well as made insulting remarks towards Justice Biswajit Basu.A division bench of Chief Justice TS Sivagnanam and Justice C. Chatterjee (Das) was approached by a group of lawyers who...
Central Govt Is Appropriate Authority For Industrial Disputes Involving Nationalized Companies Irrespective Of Contrary Notifications : Calcutta HC
The Calcutta High Court bench comprising of Justice Shampa Dutt (Paul) held that when an industry is nationalized and carried on under the authority of the Central Government pursuant to a statute like the Nationalization Act, the Central Government is the “appropriate government” under Section 2(a)(i) of the Industrial Disputes Act, 1947 for adjudication of industrial...
Calcutta High Court To Begin Hearing Appeals Against Single Bench Order Terminating Appointment Of Primary Teachers
The Calcutta High Court will begin hearing appeals by primary teachers whose appointments were cancelled by a single bench order, which set aside the appointment of over 30,000 primary teachers in schools across West Bengal.The appeal will be heard beginning on May 7, by a division bench of Justices Tapabrata Chakrabrty and Reetobroto Kumar Mitra.Upon cancelling the entire process, the...
Calcutta HC Directs Wife To Pay ₹1 Lakh To Husband For Defaming Him By Making False Allegations Of Remarriage In Newspaper
The Calcutta High Court's circuit bench at Port Blair has directed a woman to pay Rs 1 lakh to her husband for allegedly defaming him by posting a public notice on his alleged remarriage in a local newspaper, without any evidence to that effect.Justice Supratim Bhattcharya held: Thus Smti Ananta has neither revealed the source of obtaining the information nor she has been able to name the...
Composite Reference To Arbitration Can Be Made For Acceptance Of Offer At Consolidated Price Across Different Locations: Calcutta HC
The Calcutta High Court bench of Justice Shampa Sarkar has held that the very acceptance of an offer at a consolidated price for works to be executed at different locations proves that the work orders issued were treated as part of a single transaction by the parties through their conduct therefore under such circumstances a composite reference of all work orders can be...
No Interim Relief U/S 9 Of A&C Act Without Exceptional Circumstances After Conciliation Fails & Arbitration Starts Under MSME Act: Calcutta HC
The Calcutta High Court bench of Justice Shampa Sarkar has held that once conciliation fails under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), the Council may either conduct the arbitration itself or refer the matter to an arbitral institution. As per Section 18(3) of the MSME Act, the provisions of the Arbitration and Conciliation Act, 1996 (Arbitration...
[POCSO Act] Trying To Grope Victim's Breast Doesn't Fall Under Definition Of Attempted Rape: Calcutta High Court
The Calcutta High Court has held that the attempt of a man to grope a minor girl's breast in an inebriated state, did not tantamount to the offence of attempted rape under the POCSO act, but could be categorised as attempt to commit aggravated sexual assault due to there being no penetrative act.A division bench of Justices Arijit Banerjee and Biswaroop Chowdhury held:We have carefully...