Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that for an arbitration agreement to be binding, neither the applicable law nor the seat or venue needs to be mentioned. As long as the clause indicates that the parties had agreed and there was a meeting of minds to refer any dispute to a private tribunal for adjudication of the disputes, the clause would constitute...

Centre Clears 3 Out Of 5 Names Recommended By SC Collegium For Calcutta High Court Judgeship

The Central government on Saturday cleared the appointment of three lawyers as additional judges to the Calcutta High Court.They are : Smita Das De; Reetobroto Kumar Mitra; and Om Narayan Rai.They are among the five names recommended by the Supreme Court collegium on February 28. The Centre is yet to clear the names of other two names, Md Talay Masood Siddiqui and Krishnaraj...

[Arbitration Act] To Prove Corruption Of The Arbitrator, It Should Be Evident From The Award Itself That He Tried To Curb The Course Of Justice

The Calcutta High Court Bench of Justice Shampa Sarkar has observed that if the subject matter of the arbitral proceedings or making of the award was affected or induced by fraud or corruption, then an unconditional stay of award can be granted. However, such corruption must be prima facie evident from the award itself and an honest mistake or erroneous application of law by...

'Legal Fight Between Guv & CM Not Desirable': Calcutta High Court Asks Mamata Banerjee & Ananda Bose To Amicably Settle Defamation Case

In the defamation case filed by West Bengal governor CV Ananda Bose against Chief Minister Mamata Banerjee over allegedly defamatory remarks, a Calcutta High Court bench of Justice Krishna Rao has suggested the parties to amicably settle the dispute since a "legal tussle" between the Governor and Chief Minister before the High Court would not be desirable."Governor and Chief Minister...

Organisation Once Declared As A Minority Institution Always Retains Its Minority Status: Calcutta High Court

The Calcutta High Court has held that once an organisation has been accorded minority status, it would continue to be recognised as a minority institution and would not be expected to routinely approach the state authorities to retain such status.The matter, challenging the status of a minority school, came up for hearing before a division bench of Chief Justice TS Sivagnanam and Justice...

Original Side Rules On Accepting Counterclaim & Reply Need Amending Due To Rigidity Of S.18 Of Commercial Courts Act: Calcutta HC Frames Guidelines

The Calcutta High Court has held that the court's original side rules on accepting of plaint and counterclaim need to be amended due to the rigidity of Section 18 of the Commercial Courts act. In doing so, the bench of Justices Soumen Sen and Biswaroop Chowdhury also framed guidelines for the same till the amended rules were implemented. The Court held: In view of the stringent provisions in...

'Don't Want Bangladesh-Like Situation': Calcutta High Court Directs State To Manage Student Unrest Amidst Violent Clashes At Jadavpur University

The Calcutta High Court has expressed concern over the recent unrest that took place at Jadavpur University due to clashes between protesting students and Education Minister Bratya Basu's convoy. Justice Tirthankar Ghosh expressed concerns over the issue being caused either by an intelligence failure by the police or by the defiance of such intelligence reports by the minister. He directed...

Calcutta High Court Calls For State's Report On Jadavpur Univ Campus Unrest Involving Education Minister's Convoy, Questions Police Inaction

The Calcutta High Court on Wednesday questioned the police over its inability to act during violent clashes which took place between Education Minister Bratya Basu's convoy and protesting students from Jadavpur University.Reportedly, the clashes left several students injured, one of whom was also seen being crushed under the Education Minister's convoy vehicle during the melee. The...

Long-Term Casual Workers Performing Essential Duties Are Entitled To Regularization, Reduction In Workload Not Valid Ground To Deny It : Calcutta HC

The Calcutta High Court comprising of Justice Shampa Dutt (Paul) held that long-term casual workers performing essential duties are entitled to regularization, and a reduction in workload is not a valid ground to deny it. Background Facts The petitioner (Indian Oil Corporation Ltd.) supplied fuel against consideration to the aircrafts of various companies at the Aviation Fuel...

Nature Of Duties Determines 'Workman' Status Under Industrial Disputes Act: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition that challenged an industrial tribunal's holding that an accountant was a 'workman' under the Industrial Disputes Act, 1947. The Court ruled that despite his accounting role, the workman primarily performed clerical functions without any supervisory or managerial authority. It explained...

Calcutta High Court Upholds Gratuity Entitlement Despite Corporate Insolvency Proceedings

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging an order directing the payment of gratuity to an employee. The court ruled that gratuity payments remain a statutory obligation even after a company undergoes Corporate Insolvency Resolution Process (CIRP). It held that Section 36(4)(a)(iii) of the Insolvency and Bankruptcy...

PILs In Calcutta High Court Seek Heightened Security At Jadavpur University After Violent Clashes With Education Minister Bratya Basu's Convoy

Two public interest litigations have been moved before the Calcutta High Court seeking heightened security for university students after recent clashes with Education Minister Bratya Basu's convoy.In the ensuing violence, it is alleged that the minister's convoy attempted to run over students who had gathered around his vehicle. Protests were to be held against the education minister by the...