Calcutta High Court
Calcutta High Court Calls For West Bengal Govt's Response In PIL Challenging Deocha-Pachami Coal Project
A division bench of the Calcutta High Court led by Chief Justice T.S. Sivagnanam has directed the Government of West Bengal and the WBPDCL to file affidavits within three weeks, responding to an interim application filed in the Public Interest Litigation (PIL) challenging the illegalities and violation of official contractors involved in implementation of coal/basalt mining at...
Appointment Of Arbitrator By GM Of Metro Rail In Dispute Between Railways & Contractor Is Barred U/S 12(5) Of Arbitration Act: Calcutta HC
The Calcutta High Court bench of Justice Shampa Sarkar has held that the appointment of an arbitrator by the General Manager of Metro Railways in a dispute between Metro Railways and the contractor is barred by Section 12(5) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Therefore, the General Manager cannot be permitted to appoint the arbitrator. Brief...
Calcutta High Court Allows Suvendu Adhikari To Visit Waqf Bill Violence Affected Area In Murshidabad
The Calcutta High Court has allowed BJP Leader of Opposition Suvendu Adhikari to visit areas in Murshidabad, which have been affected by large-scale violence during demonstrations against the Waqf bill which was recently passed by the parliament.A division bench of Justices Soumen Sen and Raja Basu Chowdhury allowed Adhikari's visit, while holding that, "they shall not take out any procession...
Proceedings U/S 37 A Of FEMA Can't Be Continued During Moratorium U/S 33(5) Of IBC: Calcutta High Court
The Calcutta High Court bench of Justice Jay Sengupta has held that once a liquidation order against the Corporate Debtor is passed, all proceedings including those pending at the time of such order under the Foreign Exchange Management Act, 1999 (FEMA) cannot be continued, nor can any new proceedings be initiated, in view of the bar under Section 33(5) of the Insolvency and Bankruptcy...
Increase Of Working Hours Without Compensation In Government Mints, Calcutta High Court Finds Tribunal Award Reasonable
Calcutta High Court: A single judge bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging the Industrial Tribunal's award that denied compensation to mint workers for increased working hours. The court found that extending working hours from 37½ to 44 hours per week as recommended by the 5th Pay Commission was reasonable, as it was accompanied by enhanced pay...
"Smacked & Had Her Hair Pulled, Kept Outside CCTV View For Almost 4 Hrs": Calcutta HC Forms SIT To Probe Allegations Of Custodial Torture On Students
The Calcutta High Court has formed a special investigation team (SIT) to probe allegations of custodial torture against two female students who were picked up from a protest outside their college in Midnapore, taken to the local women's police station and allegedly beaten before being released late at night with no explanation for their detention.Justice Tirthankar Ghosh held: "A photograph...
Employer Can't Alter Recorded D.O.B. Of Government Employee Beyond Prescribed 5-Year Period From Date Of Initial Appointment : Calcutta HC
The Calcutta High Court bench comprising of Aniruddha Roy, J. held that an employer cannot unilaterally alter the recorded date of birth of a government employee beyond the prescribed five-year limitation period from the date of joining. Background Facts The petitioner joined her employment in the year 1987 after submission of all the relevant records and documents. The...
Whether IRCTC's Revised Menu Alters Original Contract With Arbitration Clause Is For Arbitrator To Decide, Falls Outside Court's Jurisdiction: Calcutta HC
The Calcutta High Court bench of Justice Shampa Sarkar has held that whether the subsequent revision of the original menu by IRCTC form part of the original contract containing an arbitration clause is a matter to be decided by the Arbitrator. Such an issue falls outside the limited scope of the Court's jurisdiction under Section 11(6) of the Arbitration and Conciliation Act,...
Although Injunction Against Invocation Of Guarantee Cannot Be Granted, Court Can Grant Interim Protection If Prima Facie Case Is Established: Calcutta HC
The Calcutta High Court bench of Justice Shampa Sarkar has held that although an injunction against the invocation of a bank guarantee cannot normally be granted, if the petitioner establishes a prima facie case, the court should not hesitate to grant interim protection under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Brief Facts: Gallant Equipment...
Calcutta High Court Restricts Provocative Speeches In Murshidabad Amidst Anti-Waqf Bill Violence, Directs Central Forces To Remain
The Calcutta High Court has directed restrictions on provocative speeches in Bengal's Murshidabad, after the area was hit by large-scale violence in light of protests against the newly implemented Waqf Bill.A division bench of Justices Soumen Sen and Raja Basu Chowdhury further directed the central forces to remain in the violence-hit district, which has witnessed several deaths over the...
Supreme Court Collegium Recommends Justice Subhendu Samanta To Be Made Permanent Judge Of Calcutta HC
The Supreme Court Collegium has recommended the name of Justice Subhendu Samanta, an Additional Judge of the Calcutta High Court to be made a Permanent Judge of the High Court. The Collegium's statement of recommendation reads "The Supreme Court Collegium in its meeting held on 15th April 2025 has approved the proposal for appointment of Shri Justice Subhendu Samanta, Additional Judge...
While Disputes U/S 31 Of Specific Relief Act Are Arbitrable, Arbitral Awards Are Not Binding On Third Parties: Calcutta HC
The Calcutta High Court bench of Justice Gaurang Kanth has held that although disputes relating to the cancellation of written instruments under Section 31 of the Specific Relief Act, 1963 are arbitrable, the resulting awards are binding only on the parties involved and not on third parties who were not part of the arbitral proceedings. Brief Facts: The present petition has been...