Calcutta High Court
Writ Petition On Issue Of Thika Tenancy Not Maintainable: Calcutta HC Declines Plea, Directs Party To Approach WB Land Reforms & Tenancy Tribunal
The Calcutta High Court has dismissed a writ petition filed by one Prabir Kumar Mitra (landlord) for a declaration to the effect that a petrol pump run by Indian Oil Corporation Limited on the land of the writ petitioner did not vest under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 or West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.In dismissing the plea,...
Calcutta High Court Dismisses Petition Opposing Enforcement Of Foreign Arbitral Award Based On Constructive Res-Judicata
The High Court of Calcutta has dismissed an application by Hindustan Copper Limited (HCL) under Sections 48/49 of the A&C Act seeking to refuse enforcement of the foreign award in favour of the Centrotrade Minerals. The bench of Justice Sugato Majmudar held that once the enforceability of an award is affirmed by the Supreme Court, it cannot be opposed on a new ground which could...
Child Abuse Scars Victims & Leads To Long Term Consequences; Early Recognition, Prevention Crucial In Safeguarding Children: Calcutta High Court
The Calcutta High Court has upheld the conviction of a man under Sections 376(2)(f) and 511 IPC, for the offence of attempt to rape and Section 354 of the IPC for outraging the modesty of the 10-year-old victim girl. It was the case of the prosecution that the accused groped the minor victim's breasts from behind and hugged her while she was returning alone from the toilet.A single bench...
Payments By Supervisors To Individual Labourers, Each Not Exceeding Rs. 20,000, Can't Be Disallowed: Calcutta High Court
The Calcutta High Court has held that payments by supervisors to individual labourers, each not exceeding Rs. 20,000, cannot be disallowed under Section 40A(3) of the Income Tax Act, 1961.The bench of Justice Surya Prakash Kesarwani and Justice Rajarshi Bharadwaj has observed that the supervisors acted as agents of the assessee to disburse the amount to individual labourers, which in no...
BREAKING | Calcutta High Court Directs CBI To Undertake Court-Monitored Probe Into Allegations Of Rape & Land Grabbing Of Locals In Sandeshkhali
The Calcutta High Court has directed the Central Bureau of Investigation (CBI) to undertake a probe into the allegations of rape of women and land grabbing of locals by miscreants under the influence of local leader Shahjahan Sheikh. The Court has directed the CBI to submit a report on the same for a court-monitored probe into the allegations.Earlier, a division bench of Chief Justice...
All Of Us Are Required To Take Independent, Strong & Perhaps Unpalatable Decisions: Calcutta HC Raps Chief Secy For Not Sanctioning Prosecutions
The Calcutta High Court has hauled up West Bengal's Chief Secretary for failing to sanction the prosecution of the accused in the multi-tier recruitment 'cash for jobs' scam which is being investigated by the Central Bureau of Investigation ('CBI').On the earlier occasion, a division bench of Justices Joymalya Bagchi and Gaurang Kanth had directed the Chief Secretary to file a report on why...
Modern Penology Seeks To Reform Prisoners Regardless Of Past; Releasing Bowbazar Blast Convict After 31 Yrs Sets Good Precedent For Other Inmates: Calcutta HC
The Calcutta High Court has allowed the premature release of a convict incarcerated for more than 31 years in connection with the infamous Bowbazar Blasts which rocked the city more than three decades ago.In noting the conflict between the human rights of an individual and the interest of the public a large, a single bench of Justice Sabyasachi Bhattacharya held:It is not credible that the...
NIA Approaches Calcutta High Court Over State Police's FIR Against Officers Who Were Attacked While Probing 2022 Bhupatinagar Blasts
The National Investigation Agency (NIA) has approached the Calcutta High Court over recent attacks against its officers in West Bengal's Bhupatinagar. It is stated by the agency, that the officers were attacked during the course of their duty when they had picked up two local leaders for questioning in connection with the case. NIA further stated that the State Police had registered FIRs...
Turned Blind Eye When Promoters Undertook Unauthorised Constructions: Calcutta HC Directs Disciplinary Inquiry Against KMC Officials Over Building Collapse
The Calcutta High Court has directed the Kolkata Municipal Corporation to take steps including initiating a disciplinary inquiry and potentially suspending the officials who were involved in overseeing illegal constructions in Garden Reach, where the collapse of an under-construction building led to fatalities. A division bench held: The said officers appear to have remained indifferent to...
Non-Disclosure of Information Cannot Form The Sole Ground for Employer to Discharge Employee: Calcutta High Court
A single-judge bench of the Calcutta High Court comprising of Justice Raja Basu Chowdhury while deciding a writ petition in the case of Sankar Mandal v. Union of India has held that non-disclosure of information cannot form the sole ground for the competent authority to discharge the employee.Background of FactsSankar Mandal (Petitioner) had successfully participated in a recruitment process...
Furnishing Of Wrong Information For Securing A Job Amounts To Fraud Upon The Employer: Calcutta High Court
A single-judge bench of the Calcutta High Court comprising of Justice Partha Sarathi Sen while deciding a writ petition in the case of Ram Asheesh Yadav v. Union of India has held each candidate selected for the post of Constable in RPF must be free from all vices, possess a sense of sufficient responsibility, and be truthful, dutiful, vigilant as well as honest. Therefore, the furnishing...
Calcutta High Court Weekly Round-Up 1st-7th April 2024
NOMINAL INDEXM/s Fullerton India Credit Company Limited vs Ms Manju Khati 2024 LiveLaw (Cal) 79United Machinery & Appliances v. Greaves Cotton Limited 2024 LiveLaw (Cal) 80Certified Copy Of Original Arbitration Agreement Attested By 'Notary Public' Is Sufficient Under S. 8(2) Of Arbitration Act: Calcutta High CourtCitation: 2024 LiveLaw (Cal) 79Case Title: M/s Fullerton India Credit...