No Sexual Flavour In Touching Student’s Shoulder To Restrain Her From Copying In Exam: Calcutta HC Quashes CAT Order Dismissing School Teacher

The Calcutta High Court’s Circuit Bench at Port Blair has quashed orders of the Disciplinary Authority, Appellate Authority and Central Administrative Tribunal (“CAT”), dismissing a middle school teacher (“petitioner”) on an allegation made by a Class 8 student that the petitioner had outraged her modesty in 2009, by physically touching her on her back, which had caused unrest among...

Award Under MSMED, Can’t Challenge In Writ Petition For Not Granting Adjournment Sought: Calcutta High Court

The High Court of Calcutta has held that an arbitration award passed under MSMED Act cannot be challenged in a writ petition merely on the ground that the petitioner’s request for adjournment was refused by the arbitrator. The bench of Sabyasachi Bhattacharyya held that a party aggrieved by an award passed under MSMED Act has to challenge it under Section 34 of the A&C Act...

Must Be Wary Of Unnecessary Judicial Interference At Every Stage Of Arbitral Process: Calcutta HC Upholds Arbitral Award In Favor Of Reliance Infra

In a landmark 255-page judgement, the Calcutta High Court has upheld an arbitral award in favor of Reliance Infrastructure (“RIL”), arising out of a deal struck with the Damodar Valley Corporation (“DVC”) for construction of thermal power plants in Raghunathpur.In upholding the award passed by a panel of three arbitrators, a single-bench of Justice Shekhar B Saraf noted that India is...

[POCSO Act] Equating Consensual, Non-Exploitative Sexual Acts Between Adolescents With Rape Undermines Bodily Integrity & Dignity: Calcutta HC

The Calcutta High Court has exercised its jurisdiction under Article 226 of the Constitution, and Section 482 of the CrPC to set aside an impugned judgement and order of conviction against the appellant who had been sentenced to 20 years imprisonment on charges of kidnapping of a minor under IPC and aggravated penetrative sexual assault under POCSO Act.In observing that the appellant, and...

Differentiating Between Married And Unmarried Daughter In Compassionate Employment "Sexist": Calcutta High Court

The Calcutta High Court has found that the distinction between ‘married’ and ‘unmarried’ daughters for the purpose of compassionate appointment, as per Clause 9.3.3 of the National Coal Wages Agreement-VI is ultra vires and in violation of Article 14 and 15 of the Constitution.In dismissing the plea of the petitioners for compassionate appointment upon noting that the most...

‘Media Bound By Higher Standards Of Accuracy Than Ordinary Citizens’: Calcutta HC Issues Guidelines For Coverage Of Recruitment Scam Case

The Calcutta High Court has issued a set of guidelines for various media houses as well as investigative agencies, in particular, the Enforcement Directorate (“ED’”) in a plea by Rujira Banerjee, wife of TMC-MP and Recruitment-scam accused Abhishek Banerjee, seeking the Court’s intervention against ‘incessant media coverage’ of the case.Earlier, the Court had expressed...

Continued Abuse & Humiliation By “Insensible & Patriarchal” Husband Amounts To Cruelty: Calcutta High Court Upholds Divorce Decree

The Calcutta High Court has upheld a decree of divorce passed by the Trial court, dissolving the marriage between the appellant (husband) and respondent (wife) under Section 13 of the Hindu Marriage Act, 1955 (“HMA”).Court further upheld the trial court's rejection of custody and dismissed an appeal by the appellant for custody of his son under Section 26 HMA due to non-payment...

Calcutta HC Chief Justice Inaugurates VC System Between Courts & Correctional Homes At Kolkata, In-Camera Test-Identification Parade

The Calcutta High Court on Monday hosted the inauguration of the video-conferencing system between courts and correctional homes at Kolkata and in-camera test-identification parade. The facility was inaugurated by Chief Justice TS Sivagnanam.The Chief Justice pointed at the foundational features of the Nirbhaya Project, and the need for having VC facilities between Courts and Correctional...

Calcutta High Court Weekly Round-Up: October 9 To October 15, 2023

NOMINAL INDEXState of WB v Sudipta Ghosh 2023 LiveLaw (Cal) 312Shantibala Naskar Vs. State of West Bengal and others 2023 LiveLaw (Cal) 313Srimanta Malik & Ors. Vs. The State of West Bengal & Ors. 2023 LiveLaw (Cal) 314Nanda Dulal Bag Versus The State of West Bengal & Ors. 2023 LiveLaw (Cal) 315Kanchi @ Sanjit Makhal and Another Vs. The State of West Bengal and others 2023...

MSMED Act | Facilitation Council Must Adjudicate On Interest Component Itself- Cannot Delegate To Chartered Accountant: Calcutta High Court

Calcutta High Court in holding that the MSME Council could not ‘desert the task of decision making’ to a Chartered Accountant, who was not on the Council/arbitral tribunal under the MSMED Act, a single-bench of Justice Moushumi Bhattacharya observed:Section 31(3) of the 1996 Act requires the arbitral tribunal to give reasons upon which the award is based subject to the parties...

Calcutta HC Issues 'Rule Nisi' Against SEC, Asks To Show Why Action Should Not Be Taken For 'Deliberate Violation' Of Orders During Panchayat Polls

The Calcutta High Court has issued "Rule Nisi" in a contempt application against the West Bengal State Election Commission (“SEC”) for its “deliberate violation” of court orders during the recently concluded West Bengal Panchayat General Elections 2023.Rule was issued in accordance with the Rule 19 of the Calcutta High Court Contempt of Court, Rules, 1975, for failing to comply with...

Calcutta High Court Orders CID Probe Into Law College Principal, Says Anti-Fraud Dept Failed To Properly Investigate Alleged Financial Irregularities

The Calcutta High Court has directed the State’s Crime Investigation Department (“CID”) to conduct a probe into Dr Sunanda Goenka, principal of Jogesh Chandra Chaudhuri Law College in a plea by an erstwhile General Secretary of the College’s Students Union complaining of offences of financial impropriety, forgery, etc. committed by the College’s Governing Body.Earlier, Justice...