Attempts By Arbitrator To Reach Settlement Cant Be Termed As 'Conciliation Proceeding' Under Part III: Calcutta High Court

The Calcutta High Court division bench of Justice I. P. Mukerji and Justice Biswaroop Chowdhury held that attempts made by the arbitrator to encourage the parties to reach a settlement cannot be termed as 'conciliation proceeding' under Part-III of the Arbitration and Conciliation Act, 1996. The bench held that conciliation is seen as an independent proceeding or an alternative...

Calcutta High Court Judge Recuses From Hearing BJP Lok Sabha Candidate & Former Judge Abhijit Gangopadhyay's Plea For Quashing FIR, Cites Personal Relations

On Tuesday, Calcutta High Court judge Justice Jay Sengupta recused from hearing a plea by former judge and BJP Lok Sabha Candidate Abhijit Gangopadhyay seeking to quash an FIR registered against him, accusing him of attempt to murder, for allegedly assaulting protesting teachers while participating in a BJP rally at Tamluk.Justice Sengupta recused from hearing the plea upon stating that he...

[1993 Bow Bazar Blast] Calcutta High Court Stays Early Release Of TADA Convict, Admits State's Appeal

The Calcutta High Court has recently stayed an order by a single bench which allowed the early release of a convict serving life imprisonment for involvement in the infamous Bowbazar blast, which devastated the city of Kolkata in the 1990s, by claiming 69 lives and destroying several buildings. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya stayed the order...

Writ Challenging Termination Of Teaching Staff From Private Unaided Educational Institution Not Maintainable If Dispute Involves Private Contract Matters: Calcutta High Court

A single bench of the Calcutta High Court comprising of Justice Hiranmay Bhattacharyya while deciding a writ petition in the case of Rita Ghoshdastidar v. St. Joseph & Mary's School and Ors. has held that a writ petition challenging the termination of a teaching staff member from a private unaided educational institution is not maintainable if dispute primarily involves...

Plea In Calcutta High Court Seeks To Quash FIR Against Former Judge, BJP Lok Sabha Candidate Abhijit Gangopadhyay

A plea has been filed in the Calcutta High Court seeking to quash an FIR against former judge and BJP Lok Sabha Candidate from Tamluk, Abhijit Gangopadhyay who has been named as an accused in an attempt to murder case.The matter will be heard by a single bench of Justice Jay Sengupta on Tuesday, 14th May.It was stated by the complainants that Gangopadhyay had allegedly assaulted...

We Don't Operate In A Totalitarian State, Govt Can't Exercise Blanket Power Over Every Institution Under The Sun: Calcutta High Court

The Calcutta High Court has recently allowed a plea by the Associations, working for the Malda Districts Central Cooperative Bank and the Mugberia Central Cooperative Bank (petitioners), directing that the Election Commission of India (ECI) shall not requisition them for the purpose of any parliamentary elections, since the organisations which they worked in, were not created by any statute...

Recovery Of Excess Payment To Employee On Ground Of Erroneous Pay Scale, Cannot Be Made At End Of Service: Calcutta High Court

A single judge bench of the Calcutta High Court comprising of Hon'ble Justice Rajasekhar Mantha, while deciding Writ Petition in the case of Badal Kumar Mandal vs. Chairman Indian Museum Board Of Trust And Ors., held that irrespective of whether the upgradation of pay scale and posts is made contrary to law, recovery of any excess payment received by the employee on the ground of...

AO Can't Draw An Adverse Inference For Mere Non-Response From Directors To Notices: Calcutta High Court

The Calcutta High Court, while deciding whether the addition made under Section 68 of the Income Tax Act, 1961, was justified or not, held that only because the directors failed to respond to the notices issued, the Assessing Officer could draw an adverse inference.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that the assessing officer failed...

[Ram Navami Violence 2024] Calcutta High Court Calls For NIA's Report, Restricts Comments Over Murshidabad's Religious Demographic Over Alleged Hate Speech

The Calcutta High Court has issued an order restricting any political statements on the demographic of the Murshidabad area, and its religious composition by any person, organisation or political party over allegations that an elected representative of the area had attempted to incite violence between Hindus and Muslims.A division bench of Chief Justice TS Sivagnanam and Justice...

Calcutta High Court Declines Urgent Hearing For Plea Seeking Action Against Statements By Kolkata Police Which Allegedly Tarnished WB Governor's Office

The Calcutta High Court has declined to urgently hear a plea which sought the court's intervention over statements made by Kolkata Police to media sources which allegedly tarnished Governor CV Ananda Bose's office.Counsel submitted that the police had made comments in the media which had allegedly tarnished the reputation of the Governor, who possessed constitutional immunity under...

Calcutta High Court Dismisses Pleas Seeking Action Over Alleged Misuse Of NRI Quota For Admission To Private Medical Colleges

The Calcutta High Court has dismissed pleas seeking the Court's intervention over the issue of NRI quota in medical admissions and compliance with the Supreme Court's guidelines on the same.In dismissing the plea, a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya noted that the pleas were from 2019, and that since then there were various changes to the...

Incorporating Arbitration Clause Via Subsequent Circular Isn't Valid Unless Explicitly Mentioned And Included In Original Agreement: Calcutta High Court

The Calcutta High Court single bench of Justice Ravi Krishan Kapur held that if an agreement or clause within it necessitates or anticipates additional consent before arbitration can occur, it doesn't constitute arbitration itself but rather an agreement to potentially engage in arbitration in the future, which isn't inherently enforceable. It held that incorporating an...