[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...

Calcutta High Court Weekly Round-Up 29th April To 05th May, 2024

NOMINAL INDEXRKD Niraj JV & Ors v. Union of India & Ors 2024 LiveLaw (Cal) 100Sudarsan Mandal and Another v The State of West Bengal and others 2024 LiveLaw (Cal) 101Meleveetil Damodaran v. UpHealth Holdings Inc 2024 LiveLaw (Cal) 102AKASH SHARMA VS UNION OF INDIA AND ORS 2024 LiveLaw (Cal) 103Partha Chatterjee. -vs.- Enforcement Directorate 2024 LiveLaw (Cal) 104Dr. Tapas Kumar...

Tribunal Order On Legality Of Domestic Enquiry Can Be Challenged Without Waiting For Final Order : Calcutta High Court

A single judge bench of the Calcutta High Court comprising of Justice Arindam Mukherjee while deciding a Writ Petition in the case of CSB Bank Ltd vs UOI & Anr. has held that an order of a Tribunal can be challenged in a writ petition without waiting for the final order on ground of being in excess of jurisdiction. Background Facts In a reference before the...

Service Recipient Not Liable For Seller's Default: Calcutta High Court Directs Dept. To 1st Proceed Against Supplier

The Calcutta High Court has held that the adjudicating authority, without resorting to any action against the supplier, who is the selling dealer, ignored the tax invoices produced by the appellant as well as the certificates issued by the Chartered Accountants, which are erroneous and wholly without jurisdiction.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya...

Primary Purpose Of College In Providing Education Being Overlooked Due To Political Influence; Hostile Atmosphere Harms Student Welfare: Calcutta High Court

The Calcutta High Court has recently laid down guidelines of 'professional standards' for college teachers in a revision plea filed by a teacher for quashing proceedings under Sections 499/500 IPC for allegedly defaming a colleague.A single bench of Justice Shampa (Dutt) Paul quashed the case and held that the hostile atmosphere of the college due to political influence, which led to one...

Workman Entitled To Payment Of Gratuity If He Proves Continuous Service Even After Declaration Of Formal Retirement: Calcutta High Court

The Calcutta High Court single bench of Justice Arindam Mukherjee held that the was entitled to gratuity for his continued service even after the declaration of formal retirement. The bench noted that the establishment of a period of 'continuous service' is a prerequisite for the payment of gratuity and the burden of proof lies with the Workman. Brief Facts: The Workman was employed...

Employer Under Obligation To Ensure No Prejudice Is Caused To Employee In Disciplinary Proceedings.: Calcutta High Court

A Division Bench of the Calcutta High Court comprising of Justice Partha Sarathi Chatterjee and Justice Tapabrata Chakraborty while deciding a Writ Petition in the case of Saurav Krishna Basu vs State of West Bengal has held that employer is under an obligation in a disciplinary proceeding to ensure that no prejudice is caused to the employee and this obligation involves a duty to...

No Change Can Be Made To Essential Qualifications After Recruitment Process Starts: Calcutta High Court

A single judge bench of the Calcutta High Court comprising of Justice Partha Sarathi Chatterjee while deciding a Writ Petition in the case of Animesh Singha Mahapatra and Ors. vs State of WB and Ors. has held that once the process of recruitment starts, no change can be made to essential qualification during the subsistence of the recruitment process unless such power is reserved in...

Interruption In Service Due To Accident Would Not Amount To Break In Service For The Purpose Of S. 2A Of Gratuity Act: Calcutta High Court

A single judge bench of the Calcutta High Court comprising of Justice Arindam Mukherjee while deciding a Writ Petition in the case of M/s. Dalhousie Jute Company Vs. The State of West Bengal & Ors. has held that non-rendering of uninterrupted service due to accident would not amount to break in service for the purposes of Section 2A of Payment of Gratuity Act, 1972...