Calcutta High Court Directs South Eastern Railway To Refund Additional 20% Surcharge Levied On Consignment

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya and Justice Uday Kumar has held that an impugned judgment passed by the Railway Claims Tribunal, Kolkata whereby the appellant's claim for refund of 20% surcharge was refused is erroneous in law and perverse. Court said that the tribunal overlooked the obvious legal effect of the Circulars and Goods Tariff documents before...

Bengal Govt Approaches Calcutta High Court Challenging Life Sentence For RG Kar Convict, Calls For Death Penalty

The West Bengal government has approached the Calcutta High Court demanding the death penalty for the convict in the RG Kar rape and murder case, who was sentenced to life imprisonment by the Sessions court. The court had held that the case did not fall within the "rarest of rare" category.Chief Minister Mamata Banerjee on her 'X' handle criticised the verdict, and vowed to appeal against...

Power To Correct Computation Error U/S 33 Of Arbitration Act Can Be Exercised Suo Moto If No Application Is Filed Within 30 Days: Calcutta HC

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that power to correct computation error in the award under section 33 of the Arbitration Act can be exercised suo moto by the Arbitral Tribunal when no application is filed to this effect within 30 days.Brief FactsA work order was awarded to the claimant by the respondent under which the claimant undertook to construct...

[Seat vs. Venue] Designated “Seat” Of Arbitration Has Exclusive Jurisdiction: Calcutta High Court Reiterates

The Calcutta High Court bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that once the “seat” of arbitration is designated in an agreement, it is to be treated as the exclusive jurisdiction for all arbitration proceedings. The Court referred to the 'Shashoua Principle', which propounds that when there is an express designation of a "venue" and no alternative seat...

Availability Of Suitable Alternative Accommodation Must Be Ascertained For Just Decision In Eviction Suits: Calcutta High Court

The High Court of Calcutta in its recent judgment held that “availability of suitable alternative accommodation has to be ascertained for a just decision of a suit for eviction on the sole ground of reasonable requirement.”Justice Bibhas Ranjan De, presiding over the case, observed, “availability of the suitable alternative accommodation has to be ascertained for just decision of a suit...

Calcutta High Court Orders Freeze On Salaries Of Top Civic Officials Over Non-Payment Of Retiree's Dues Since 2018

The Calcutta High Court has ordered a freeze on the salaries of the Executive Officer and Finance Officer of Murshidabad Municipality, West Bengal due to non-payment of pensionary dues to one of its employees since 2018. The court also directed that the honorarium paid to the Chairman of the Municipality be withheld till the entire dues of the petitioner were cleared with interest.A single...

Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court

The Calcutta High Court has held that the direction of payment of back wages is discretionary and it vests a court with the authority to consider the totality of facts and circumstances in any individual case.A division bench comprising Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen observed that no universal rule or straitjacket formula can be applied in such...

Calcutta High Court Dismisses PIL Seeking Regulations Over Coaching Centres In West Bengal, Directs Party To Approach State Authorities

The Calcutta High Court on Thursday dismissed a public interest litigation (PIL) seeking to regulate the functioning of coaching centres in West Bengal and for the imposition of guidelines framed by the government of India. The court instead directed the petitioners, who were a registered body, to first approach the state authorities seeking implementation of the guidelines, and for the state...

'West Bengal Is A Very Tolerant Society': High Court On Plea Seeking To Stop Protest Near State Secretariat Due To 'Gangasagar Mela'

The Calcutta High Court on Thursday disposed of a plea which sought to prevent a protest near the state secretariat against the brutal rape and murder of a trainee doctor at RG Kar Medical College and Hospital. The petitioner claimed that he was an authorised representative of the committee who organise the annual Gangasagar Mela, and that pilgrims after completing their visit to Gangasagar...

Calcutta High Court Orders Compensation Over Pregnant Lady's Death Due To 'Contaminated Saline', State Hands Probe To CID

The Calcutta High Court has directed the state of West Bengal to provide compensation to the family of a pregnant lady who had died due to being given allegedly contaminated saline at a government hospital. Four other pregnant women were reportedly in intensive care after being administered the same solution.These observations were made by a division bench comprising Chief Justice TS...

Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release

The Calcutta High Court has directed the release of a prisoner who was left languishing in jail after the authorities were unable to find the proper paperwork to allow for his premature release, which had been earlier granted.Justice Shampa Sarkar said: The Judicial Department is unable to locate the file and the applicant No.1 is languishing in the correctional home despite an...

'No Money For Purchase Of Paper In District Courts': Calcutta High Court Raps State Over Lack Of Sanctioned Funds

On Tuesday, Calcutta High Court Chief Justice TS Sivagnanam pulled up the state government over the lack of funds being sanctioned to district courts for their everyday functioning.While hearing a matter on the restoration of Kolkata's tram system, the division bench also comprising Justice Hiranmay Bhattacharya was told that the Consul General of India had requested for two trams from Kolkata...