Calcutta High Court
Directions For Refund Of Consideration With Interest Must Be Considered Based On Conduct Of Parties During Arbitral Proceedings: Calcutta HC
The Calcutta High Court has held that in arbitral proceedings, the direction for refund of the deposited consideration amount with interest has to be considered in the background of the conduct of the parties and their admissions during the proceedings.A division bench of Justices Soumen Sen and Biswaroop Chowdury held:The learned arbitrator rejected the claim for specific performance of...
Court Can Decline To Refer Dispute To Arbitration When Time-Barred Claim Is Evident From Record: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that when a claim is ex facie time-barred and no trial is needed to determine whether it is barred by limitation, the referral court can refuse to refer the matter to arbitration under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Brief Facts: This application has been filed under section...
Composite Reference Of Disputes From Distinct Purchase Orders To Arbitration Is Valid When Parties' Conduct Indicates Single Transaction: Calcutta HC
The Calcutta High Court bench of Justice Shampa Sarkar has held that a composite reference of disputes to arbitration arising out of distinct purchase and service orders can be made when the conduct of the parties demonstrates that they were all part of a single business transaction. Brief Facts: The petitioner was engaged as an agent-cum-sub-contractor by the respondent,...
Calcutta High Court Monthly Digest: March 2025
NOMINAL INDEXM/s N.C. Construction v. Union of India Citation: 2025 LiveLaw (Cal) 42Ashok Sharma v. The State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 43Airports Authority of India & Ors. vs. Provash Besai & Another Citation: 2025 LiveLaw (Cal) 44SREI Equipment Finance Limited v. Whitefield Papermills Ltd. Citation: 2025 LiveLaw (Cal) 45Swarnakshar Prakasani Pvt. Ltd. v. State of West Bengal Citation: 2025 LiveLaw (Cal) 46Indian Oil Corporation Limited Vs. Union of India...
Central Govt Clears Transfer Of Justice Dinesh Kumar Sharma From Delhi HC To Calcutta HC
The central government has notified the transfer of Justice Dinesh Kumar Sharma from the Delhi High Court to the Calcutta High Court.Earlier, the Supreme Court Collegium had recommended the transfer of Justice Sharma to the Calcutta High Court.Justice Sharma was elevated from the Delhi Higher Judicial Service to the Delhi High Court in February 2022....
Calcutta HC Raps PWD, SAI For 'Passing The Buck', Says Tender Issuing Authority Has Primary Responsibility To Clear Contractor's Dues
The Calcutta High Court has made it clear that when work completion certificate is issued in favour of a contractor, the tender issuing authority cannot withhold his payment citing delay by the body, which actually required the work to be done, in releasing payment for onward transmission to the contractor.While dealing with a case whereby synthetic athletic track was relayed at the...
Communal Violence, Arson Breaks Out At Bengal's Motabari, 25 Arrested: Calcutta HC Seeks Action Taken Report
The Calcutta High Court has called for an action taken report from the West Bengal police on incidents of communal violence and arson which took place at Mothabari in Bengal's Malda district.A division bench of Justices Soumen Sen and Smita Das De was approached by the petitioner in a public interest litigation, claiming that large-scale communal violence had broken out at Motabari in...
Employer Withholding Best Evidence, Grounds To Draw Adverse Inference In Favor Of Employee: Calcutta HC
Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) held that an employee engaged as a 'badli' worker for over 37 years was entitled to gratuity. The court rejected the employer's argument that he did not complete the requisite continuous service. The court held that an employer's failure to produce best evidence leads to an adverse inference against the employer,...
RG Kar Incident Not Gang Rape, Investigating Alleged Cover-Up: CBI Tells Calcutta HC, State Questions Revival Of Concluded Investigation
The CBI on Friday told the Calcutta High Court that it had concluded from its investigation and available expert medical opinion that the rape and murder incident of a trainee doctor at Kolkata's RG Kar medical college and hospital was not an instance of gang rape.DSG appearing for the CBI told Justice Tirthankar Ghosh that the agency was presently investigating the involvement of people in...
"Statutory Obligation To Hold Periodic Student Union Elections": Calcutta HC Calls For State's Stand On Conducting Polls Across Varsities
The Calcutta High Court has called for an affidavit from the state government on the future roadmap for conducting student elections across universities in West Bengal. The court noted that such elections had been statutorily mandated to be held at fixed durations.A division bench of Chief Justice TS Sivagnanam and Justice C. Chatterjee (Das) made these observations in a plea challenging...
Calcutta HC Calls For Circular On Use Of Barricades On National Highways, Suggests Illumination & Warnings To Avoid Mishaps
The Calcutta High Court has called upon the state government to issue guidelines on the use of barricades on national highways in the state in an attempt to reduce the number of accidents caused by speeding cars colliding with stationary barricades.A bench of Chief Justice TS Sivagnanam and Justice C. Chatterjee Das was approached by the petitioners represented by senior counsel who claimed...
Calcutta High Court Orders Police Picket Outside Rabindra Bharati University Over Protest By Dismissed Employees
The Calcutta High Court has directed police presence outside Shantiniketan's Rabindra Bharati University campus to ensure the safe ingress and egress of officials in a plea seeking police assistance outside the campus due to an ongoing protest by dismissed employees of the university.Justice Jay Sengupta held: Even if the dismissed employees or others want to protest, the same has to be in...