Prior Option To Work As Para Teacher Shouldn't Act As Deterrent, Calcutta HC Permits To Work As Samprasarak For Better Service Benefits

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that prior exercised option to work as a para teacher should not act as a deterrent to the employee to work as Samprasarak/Samprasarika to avail better service tenure and benefits. Background Facts In 2019, School Education Department of the Government of West Bengal issued...

Calcutta High Court Annual Digest: Part-I [Citations: 1-99]

ORDERS/JUDGEMENTSUse Of 'Silk' To Denote Paint's Finish Customary, Can't Be Protected As Trademark: Calcutta High Court Dismisses Berger's Plea Against JSW PaintsCitation: 2024 LiveLaw (Cal) 1Case: Berger Paints India Limited v JSW Paints Private LimitedThe Calcutta High Court recently dismissed an interim injunction application in a suit filed by Berger Paints to restrain JSW Paints from...

Calcutta High Court Monthly Digest: December 2024

Calcutta High Court Grants Bail To Former TMC Aide Ayan Sil In Recruitment Scam CaseCase: Ayan Sil v/s. Enforcement Directorate Kolkata Zonal Office-II Citation: 2024 LiveLaw (Cal) 261The Calcutta High Court has granted bail to former TMC leader Santanu Banerjee's aide Ayan Sil in connection with the infamous cash-for-jobs recruitment scam, in which high ranking Trinamool Congress leaders...

Employer Can't Deduct Excess Amount From Retiral Benefits Paid To Employee On Erroneous Fixation Of Pay Scale : Calcutta High Court

A division bench of the Calcutta High Court comprising of Justice Harish Tandon & Justice Prasenjit Biswas held that the employer cannot deduct or adjust the excess amount paid to the employee on erroneous fixation of pay scale from the retiral benefits. Background Facts The respondent employee was appointed as a lecturer in Ramkrishna Mission Shilpapitha, Belgharia, Kolkata...

Calcutta HC Allows Review Petition Filed By IIM Calcutta Faculty; Confirms Automatic Inclusion Into New Pension Scheme As Per 1987 Memorandum

Calcutta High Court: In 2020, a Division Bench had denied pension benefits to an IIM Calcutta faculty member for failing to opt into the new GPF-cum-Pension-cum-Gratuity Scheme. However, a Division Bench of Justices Rajasekhar Mantha and Ajay Kumar Gupta allowed a review petition against this judgement. The bench held that the relevant pension rules automatically covered employees who...

Amendment In Finance Act Can't Retrospectively Affect Vested Right Of Taxpayer To Adjudicate Settlement Application U/S 245(D): Calcutta HC

The Calcutta High Court recently reiterated that when the settlement applications were filed before the date on which the Finance Act 2021 did not come into effect, then taxpayers had vested right of preferring the application in absence of any statute prohibiting the said application.The Division Bench of Justice Harish Tandon and Justice Hiranmay Bhattacharyya reiterated that...

Calcutta High Court Denies Bail To Former Education Minister Partha Chatterjee, Four Others In Recruitment Scam Case

The Calcutta High Court has denied bail to former education minister Partha Chatterjee and four others, namely Subiresh Bhattacharjee, Kalyanmoy Gangopadhyay, Ashok Saha and Shanti Prasad Sinha in the infamous cash-for-jobs recruitment scam.Earlier a division bench had delivered a split verdict on the bail applications of the petitioners.On this occasion Justice Tapabrata Chakraborty denied...

State Failed To Discharge Obligation, Calcutta HC Condones Deficiency In Qualifying Service For Disbursement Of Pension

A division bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty & Justice Partha Sarathi Chatterjee allowed the condonation of the deficiency in qualifying service for disbursement of pension, and held that the state failed to discharge its obligation within the mandatory time frame set by the Court. Background Facts The employee was selected...

Calcutta High Court Grants Relief To NUJS VC, Upholds Dismissal Of Sexual Harassment Complaint

The Calcutta High Court has granted relief to the Vice-Chancellor of the National University of Juridical Sciences (NUJS), Kolkata, in a case of sexual harassment filed by a faculty member. A division bench of Justices Harish Tandon and Prasenjit Biswas found no credible evidence to support the claims and upheld the Local Complaint Committee's (LCC) decision to dismiss the complaint, citing...

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Brother-In-Law After 18 Years Of Marriage

The Calcutta High Court has quashed a case against a man accused by his sister-in-law of cruelty. Justice Shampa (Dutt) Paul noted that the allegations in the FIR were vague and did not directly point at the petitioner. She said:"As seen from the allegations as made in the written complaint by the opposite party no. 2, it appears that there is no specific allegation against the...

GST Department's Effective Adjudication Of Matter Cannot Be Scuttled By Seeking Writ Remedy: Calcutta High Court

While reiterating that it shall not interfere in matters requiring fact-finding and adjudication, which fall squarely within the statutory domain, the Calcutta High Court advised the manufacturer/ supplier to exhaust the statutory remedies provided under the CGST Act, 2017 including submitting a detailed response to the SCN.“The statutory framework under the CGST Act provides...

[RG Kar Rape-Murder] Calcutta High Court Allows Sit-In Protest By Doctor's Forum, Says Every Citizen Has Right To Protest Peacefully

The Calcutta High Court has upheld a single judge order allowing a peaceful sit-in demonstration by the joint forum for doctors, against the brutal rape and murder of a trainee doctor at Kolkata's RG Kar medical college and Hospital.A division bench of Justice Harish Tandon and Hiranmay Bhattacharya however, modified the single judge's order to the extent of reducing the total attendance at...