Calcutta High Court
Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High Court
The High Court of Calcutta has held that constitution of arbitral tribunal is not a bar on a party's right to approach Section 9 Court for implementation of its order.The bench of Justice Sabyasachi Bhattacharyya held that bar under Section 9(3) which proscribe Section 9 remedy upon constitution of arbitral tribunal would not apply when the Court is reapproached for the enforcement of an...
Law Doesn't Discriminate Between Individual Women, Couples Seeking IVF; No Requirement For Sperm/Oocyte To Come From Couple Themselves: Calcutta HC
The Calcutta High Court has recently held that in cases of in-vitrio fertilisation (IVF), it is not mandatory that either the sperm or the oocyte must come from the couple seeking IVF themselves.A single bench of Justice Sabyasachi Bhattacharya perused the rules under the Assisted Reproductive Technology (Regulation) Act, 2021 (Act) and allowed a plea by a husband who along with his wife...
GST Dept. Can't Compute Penalty Amount On Higher Value Than Invoice Value Without Proper Evidence: Calcutta High Court
The Calcutta High Court has held that the GST department cannot compute the penalty amount on a higher value than the invoice value without proper evidence and reason.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that a transporter or owner of the goods is bound to carry certain documents as mentioned in the Act that are to accompany the goods. In...
Democracy Can't Be Looted By Muscle Power, Country Run On Public Mandate: Calcutta HC Sets Aside 2023 Gram Panchayat Election Result Over Ballot Snatching
The Calcutta High Court has recently set aside the election result of the gram panchayat election of Sankrail, West Bengal which was held in 2023 over allegations of 'merciless beating', 'violence' and ballot snatching by hooligans belonging to the ruling dispensation during the counting of votes.A single bench of Justice Amrita Sinha also cancelled the election certificate of the...
A Policy Circular Requiring Further Consent For Arbitration Cannot Be Construed As An Arbitration Clause: Calcutta High Court
The High Court of Calcutta has held that a policy circular issued by a parent company contemplating arbitration would not be an arbitration agreement if it requires fresh consent of the contractor to refer the dispute to arbitration. The bench of Justice Ravi Krishan Kapur held that when for existing contracts, the circular required consent of the contractor for reference to...
Assessee's Failure To Establish Genuineness Of Transaction With Cogent And Credible Evidence, Calcutta High Court Upholds Addition
The Calcutta High Court has held that merely proving the identity of the investors does not discharge the onus on the assessee if the capacity or credit worthiness has not been established.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that the assessee has not established the capacity of the investors to advance money for the purchase of the shares...
Plea In Calcutta High Court Seeks Action Against CM Mamata Banerjee For Saying HC Had Been 'Purchased', Judges Are Biased
On Thursday, Senior Advocate Bikash Ranjan Bhattacharya mentioned before the Calcutta High Court, praying for it to take suo moto cognizance of remarks allegedly made by Chief Minister Mamata Banerjee, calling High Court judges biased, and stating that the 'HC had been purchased.'These remarks came in the aftermath of a ruling which invalidated almost 24,000 teaching and non-teaching jobs...
Will Recommend To ECI To Defer Behrampore Lok Sabha Polls Over Ram Navami Violence: Calcutta High Court
In an important development, the Calcutta High Court has remarked that it would recommend to the Election Commission of India (ECI) to defer the Lok Sabha polls slated to be held in West Bengal's Behrampore over a plea on violence that occurred during the festival of Ram Navami in the area. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya orally remarked:"We...
Calcutta High Court Weekly Round-Up 15th April- 21st April 2024
NOMINAL INDEXANJANI PUTRA SENA v STATE OF WEST BENGAL AND ORS 2024 LiveLaw (Cal) 87EMAMI LIMITED v HINDUSTAN UNILEVER LIMITED 2024 LiveLaw (Cal) 88Paschim Banga Cha Majoor Samity & Ors. v The State of West Bengal & Ors. 2024 LiveLaw (Cal) 89Ashadul Sekh and others v The State of West Bengal and other 2024 LiveLaw (Cal) 90Prabir Kumar Mitra vs State of West Bengal & Ors. 2024...
Employee Entitled To Interest On Withheld Gratuity Amount On Acquittal In Criminal Proceedings: Calcutta High Court
A Division Bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty and Justice Uday Kumar while deciding a Writ Petition in the case of Md. Farid Vs. Union of India & Ors has held that an employee is entitled to interest on the withheld amount of gratuity upon acquittal in the criminal proceedings pending against him on the date of his retirement. Background...
State Cabinet Knowingly Protected Fraudulent Appointments: Calcutta High Court Invalidates Nearly 24,000 Teaching, Non-Teaching Jobs
The Calcutta High Court on Monday invalidated almost 24,000 teaching and non-teaching jobs across government and aided schools, which were filled up as a result of the 2016 SSC Recruitment process, which was subsequently challenged due to the cash-for-jobs recruitment scam.In a detailed order running into more than 280 pages, a division bench of Justices Debangsu Basak and Md Shabbar...
[Cash For Jobs Scam] Calcutta High Court Cancels 2016 SSC Teachers' Recruitment Panel, Almost 24,000 Jobs Affected
The Calcutta High Court on Monday cancelled the 2016 job panel for SSC teachers' recruitment for classes 9-12. The Court cancelled the panel created by the West Bengal School Service Commission (WBSCC) upon finding that the recruitment had taken place illegally as a result of the infamous cash-for-jobs scam.A division bench of Justice Debangsu Basak and Shabbar Rashidi have passed the order...