[Sandeshkhali Violence] CBI Or ED Free To Arrest Shahjahan Sheikh: Calcutta High Court Clarifies

The Calcutta High Court on Wednesday clarified that central agencies such as the Central Bureau of Investigation (CBI) or Enforcement Directorate (ED) would be free to arrest Shahjahan Sheikh, Pradhan of the Zila Parishad in Sandeshkhali, who is the prime accused in the unrest that has encapsulated the area.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya...

Calcutta High Court Grants Bail To Former Sandeshkhali CPM MLA Nirpada Sardar

The Calcutta High Court has granted interim bail to former Sandeshkhali CPM MLA Nirpada Sardar who was taken into custody based on a police report and was in custody for 17 days.A division bench of Justices Debangsu Basak and Shabbar Rashidi held:Complaint is dated February 10, 2024 while the first information report is dated February 9, 2024 and the police claims that they received the...

High Court Allows BJP To Hold Protest Against Unrest In Sandeshkhali, Sets Aside Kolkata Police's Order

The Calcutta High Court has allowed a plea moved by the office secretary of the West Bengal wing of the Bharatiya Janata Party to hold a protest against the unrest that has recently unfolded in Bengal's Sandeshkhali on 28th and 29th February 2024.A single bench of Justice Kausik Chanda imposed certain conditions in allowing the plea and capped the attendance at a maximum of 150 people....

Calcutta High Court Weekly Round-Up 19th-25th February, 2024

NOMINAL INDEXSANTU PAN v STATE OF WEST BENGAL AND ORS 2024 LiveLaw (Cal) 50VHP v State of WB 2024 LiveLaw (Cal) 51 The Secretary, E & NF Railway Junior Co-operative Credit Society Limited, Eastern Railway vs Sri Jyotish Chandra Sarkar & Anr. 2024 LiveLaw (Cal) 52Suvendu Adhikari & Anr. v State of West Bengal & Ors. 2024 LiveLaw (Cal) 53ORDERS/JUDGEMENTS'Govt Held Accountable By...

Calcutta High Court Directs State To Change Public Prosecutor In POCSO Case Against Local Councillor

The Calcutta High Court has directed the State to change its public prosecutor in a POCSO case, and replace her with someone who is competent and having some experience in POCSO matters, to conduct the prosecution case in question. A single bench of Justice Sabyasachi Bhattacharyya ordered for the change to be made within 48 hours, in a case against a local Councillor. It also said that...

[Arbitration & Conciliation Act] S.29A Preserves Arbitral Efficacy, Guards Against Those Who Put Making Of Award On Back-Burner: Calcutta HC

The Calcutta High Court has recently held that Section 29 of the Arbitration & Conciliation Act, 1996, ensures that the arbitral tribunal acts in consonance with the stakeholders to ensure that an award is made within the prescribed timelines.A single bench of Justice Moushumi Bhattacharya held that in the present case, the arbitrator had informed the parties about the prescribed time...

Differentiating Between Contractual & Permanent Employees For Purpose Of Maternity Leave Is Impermissible: Calcutta High Court

The Calcutta High Court has recently held that it is impermissible and violative of the Right to Equality under Article 14 of the Constitution, to differentiate between contractual employees and permanent employees for the purpose of extending maternity leave. A single bench of Justice Raja Basu Chowdhury held:On the question of a woman's right to child birth and maternity leave...

Bona-Fide Mistake In Court Reporting Doesn't Constitute Penal Offence: Calcutta HC Stays Proceedings Against News Anchor Suman De

The Calcutta High Court has stayed all criminal proceedings against ABP Ananda news anchor Suman De, who was accused under Sections 153 and 505 of the IPC for making allegedly misleading claims pertaining to the events in Sandeshkhali on his Bengali news show 'Ghantakhanek Songe Suman'.It was alleged that the anchor had wrongfully contended that the police had not opposed the bail prayer of...

[Sandeshkhali Violence] No Stay On Arrest, Apprehend Shahjahan Sheikh: Calcutta High Court To Police

The Calcutta High Court on Monday took up a suo moto matter, registered by a single bench on the alleged atrocities which have taken place in Sandeshkali, West Bengal, which included women being allegedly raped at gun-point and tribal land being grabbed by members of the ruling dispensation, including Pradhan of the Zila Parishad, Shahjahan Sheikh. A division bench of Chief Justice TS...

Civil Court And Commercial Division Of High Court Has Concurrent Jurisdiction To Entertain Section 9 Petition If Dispute Amount Is B/w Rs. 10 Lakh & Rs. 1 Crore: Calcutta High Court

The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that both Principal Civil Court and Commercial Division of the High Court has the jurisdiction to entertain Section 9 petition if the claim amount is between Rs. 10 lakhs to Rs. 1 crore. It rejected the contention that the City Civil Court doesn't have jurisdiction to receive or try the first application under...

GCC Clause For Appointment OF Three Gazetted Railway Officers Panel For Arbitration Violates Section 12(5) A&C: Calcutta High Court

The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that the clause in General Conditions of Contract stipulating appointment of a panel of three gazetted railway officers for arbitration violated Section 12(5) of the Arbitration and Conciliation Act, 1996, read with the Fifth and Seventh Schedules of the Act. Brief Facts: ...

Should Be Dealt With Iron Hand: Calcutta HC Orders Probe Into Discrepancies Between Quantity Of Drugs In Seizure List & Magistrate's Certificate

The Calcutta High Court's Circuit Bench at Jalpaiguri has recently ordered the Assistant Director General of Police (North Bengal) to conduct a probe into the difference in weight between the drugs seized from the accused, and the weight recorded in the certificate issued by the magistrate under Section 52 of the NDPS Act.A division bench of Justices Harish Tandon and Supratim Bhattacharya...