Calcutta High Court
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 Facts Md. Farid (Petitioner) was appointed as a carpenter in the Railways in 1983 and he superannuated on...
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...
Calcutta HC Declines Appeal Against Order Which Held That Using Word 'Silk' To Denote Paint's Finish Was Customary, Not Protectable As Trademark
The Calcutta High Court has upheld an order by a single bench which held that using the word 'silk' to denote a paint's finish was customary in nature, and could not be protected as a trademark.A division bench of Justices IP Mukherji and Prasenjit Biswas held:There shall be no interference with the impugned judgment and order dated 12th December 2023 provided the respondent uses the...
[MGNREGA] Calcutta High Court Constitutes Committee For District-Wise Verification Of Wage Claims By Workers
The Calcutta High Court has constituted a high-level committee to verify district-wise claims made by daily wage labourers under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya held:Considering all these aspects, the four-member Team shall consist of (1) a senior officer from the office of...
Power Under Section 9 Of A&C Are Wider Than Power Of Court Under Order 38 Rule 5 Of CPC: Calcutta High Court
The High Court of Calcutta has held that power of a Court exercising powers under Section 9 of the A&C Act are wider than the powers of a Court under Order XXXVIII Rule 5 of CPC. It held that unlike under CPC, the dissipation of assets is not a mandatory requirement for interim relief under Section 9 of the A&C Act. The bench of Justice Ravi Krishan Kapur a petitioner...
Calcutta High Court Exempts Lawyers From Wearing 'Advocate Gowns' Till End Of Summer Vacations
In light of the ongoing heatwave in the city of Kolkata with temperatures soaring up to above 42 degrees celsius, the Calcutta High Court has passed a notification stating that lawyers appearing before the Court would be exempt from wearing an advocate gown during the summer months.Earlier, other High Courts such as the Karnataka HC had also passed similar orders while accounting for the...
Ease Of Doing Business In India Is A Matter Of 'Public Policy', Fruits Of Arbitral Award Must Be Protected To Promote Business: Calcutta High Court
The High Court of Calcutta has held that ease of doing business in india with indian entities is also a matter of 'Public Policy'. These observations were made by the High Court while hearing an application under Section 9 of the A&C Act at post award stage in arbitration with seat in United States (US). The Bench of Justice Ravi Krishan Kapur held that the fruits of the award must...
Fake Caste Certificates To Obtain MBBS Degree A Crime Against Society, Officials Involved Should Be Sent To Prison: Calcutta High Court
The Calcutta High Court on Thursday remarked that fake caste certificates being obtained to enrol in MBBS degree courses were a crime against society, and that those officials who were responsible for the same should be sent to prison.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya were hearing a matter regarding fake caste certificates, and noted that the...
Calcutta High Court Sets Aside Notice Preventing Forest Dwellers From Entering Forest Lands; Restrains Further Action Till Their Rights Are Decided
The Calcutta High Court has set aside a notice by the Range Forest Officer, Krishnanagar which prevented forest dwellers from entering into forest land for the purpose of staying or cultivating.In setting aside the notice upon observing that the interests of the forest dwellers had not been accounted for, a single bench of Justice Sabyasachi Bhattacharya held that:No process of recognition...
Calcutta High Court Directs Govt To Finalise Minimum Wage Of Tea Plantation Workers Within 6 Weeks, Calls It A Statutory & Legal Right
The Calcutta High Court's circuit bench at Jalpaiguri has directed the West Bengal government to finalise the minimum wage of tea plantation workers within 6 weeks, under the Minimum Wages Act, 1948.This comes after a coordinate bench had upheld the interim hike in wages for the workers and directed the state to finalise a minimum wage within 6 months. Upon the expiry of this period,...
Calcutta High Court Restrains HUL From Using 'Glow & Handsome' Trademark In Infringement Suit By Emami
The Calcutta High Court has restrained consumer goods giant Hindustan Unilever Ltd (HUL) from using the 'Glow & Handsome' trademark to sell its men's care products following a suit by Emami Ltd. whose brand "Fair & Handsome" allegedly held the major market share.In 2020, HUL changed the name of its men's skin cream from “MEN'S FAIR & LOVELY” to “GLOW & HANDSOME.”...