Calcutta High Court Refuses To Quash Defamation Case Against Lawyer For Posting Book Extracts On Mamata Banerjee's 'Personal Life'

The Calcutta High Court has refused to quash a trial court order issuing summons to lawyer Koustav Bagchi, accused of uploading online parts of a book which claims that West Bengal Chief Minister Mamata Banerjee had married a person clandestinely and also discussed about her personal life. Justice Apurba Sinha Ray rejected Bagchi's contention that the Public Prosecutor could not have filed...

Calcutta High Court Quashes 15 FIRs Against BJP Leader Suvendu Adhikari, Lifts Bar On Fresh Cases

The Calcutta High Court recently quashed 15 FIRs lodged against BJP leader Suvendu Adhikari. The court also vacated an interim order which had barred the institution of fresh cases against Adhikari without the leave of the court. This decision comes only months before the West Bengal Legislative Assembly polls to be held in 2026.In these FIRs, the Court found that there were either no...

Application Of Roster Point To Clear And Anticipated Vacancies Prevents Anomalous Appointments: Calcutta HC

A Division bench of the Calcutta High Court comprising Justice Debangsu Basak and Justice Saugata Bhattacharyya held that applying roster points separately to clear and anticipated vacancies is necessary to prevent anomalies and ensure fairness if anticipated vacancies did not materialize. Background Facts The Public Service Commission, West Bengal published an advertisement...

Adoption Of Pay Revision Scheme Doesn't Automatically Bind Employer To Its Retrospective Date : Calcutta HC

A Division bench of the Calcutta High Court comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that a cooperative society's decision to implement ROPA 2009 from August 2014 without arrears is valid, and it is not bound to grant benefits from January 1, 2006. Background Facts The appellant was appointed as a Junior Clerk by the Board of Directors of...

Civil Courts Cannot Grant Ex-Parte Injunction In Shareholder Disputes Due To Bar U/S 430 Companies Act: Calcutta High Court

The Calcutta High Court bench presided over by Justice Aniruddha Roy, has observed that a civil court cannot grant an ex parte ad interim injunction in a shareholder dispute, in light of the bar under section 430 of the Companies Act, 2013. The plaintiff filed a civil suit before the Civil Judge, Senior Division, Alipore, alleging that his shares in the Power Tools and Appliances...

Departmental Proceedings Instituted Before Retirement Can Continue; Punishment May Be Imposed Irrespective Of Pecuniary Loss : Calcutta HC

A Division bench of the Calcutta High Court comprising Justice Sujoy Paul and Justice Smita Das De held that departmental proceedings instituted before retirement can validly continue under Rule 9(2) of the Railway Services (Pension) Rules, 1993, and punishment may be imposed even after superannuation for grave misconduct or negligence, irrespective of pecuniary loss to...

Property Tax Is First Charge On Property; Auction Purchaser Liable To Pay It Before Sale: Calcutta High Court

The Calcutta High Court has held that property tax is a first charge on property and the auction purchaser is liable to pay property tax prior to sale. The bench stated that where a statutory first charge is created on the property, such as in respect of property tax under Section 232 of the Kolkata Municipal Corporation Act, 1980, the municipal authority is entitled to...

Period Spent On Extraordinary Leave For Super-Specialty Course Can't Be Counted As Teaching Experience For Promotion: Calcutta HC

A Division bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the period spent on extraordinary leave for pursuing a super-specialty course does not count toward the mandatory teaching experience required for promotion. Background Facts The respondent was appointed as an Assistant Professor in the Department of...

Power Of High Court To Extend Arbitrator's Mandate Is “Co-Extensive” With Power To Appoint Arbitrator: Calcutta HC

The Calcutta High Court has held that when an arbitrator is appointed by the High Court under section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), an application under section 29A(4) seeking extension of the mandate of the arbitrator can be entertained by the High Court only and not by the Principal Civil Court or Commercial Court having territorial jurisdiction...

Past Misconduct Of Employee Can Be Considered In Article Of Charge For Determining Quantum Of Punishment : Calcutta HC

A Division bench of the Calcutta High Court comprising Justice Sujoy Paul and Justice Smita Das De held that past misconduct of an employee can be referred to in a charge-sheet to determine punishment without making the proceedings illegal. Background Facts The appellant was employed as a constable with the Central Industrial Security Force (CISF). He was posted at the...

Single Petition U/S 34 Of Arbitration Act Is Maintainable Against Composite Arbitral Award: Calcutta High Court

The Calcutta High Court has held that a single petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) is maintainable challenging a composite arbitral award disposing of multiple references. A bench led by Justice Shampa Sarkar held that “the Court does not hesitate to hold that the learned arbitrator and the parties understood the proceeding before...

Calcutta High Court Grants Bail To Former Education Minister Accused In Recruitment Scam

The Calcutta High Court has granted bail to former state education minister Partha Chatterjee, accused in the multi-crore recruitment scam.Justice Suvra Ghosh held: "The petitioner is in custody for more than a year. He has been granted bail in the E.D. case. He has not been interrogated by the investigating agency after 15th October, 2024. He is similarly circumstanced with coaccused...