Calcutta High Court Seeks Police's Report On Progress Of Probe Into Sandeshkhali Gang Rape Case

The Calcutta High Court on Wednesday directed the police authorities to submit their report on the progress into the probe on an incident of gang rape in Bengal's Sandeshkhali.Justice Jay Sengputa directed the police to file their report by 13th January, on a plea claiming that no action had been taken even after the rape case was filed and that the accused were roaming free in the...

Calcutta High Court Orally Warns Woman Against Using Child To Get 'Leeway' In Matrimonial Dispute Against Husband

The Calcutta High Court has orally warned a mother from using her child as 'a handle' to get leeway in a pending matrimonial dispute against her husband.A division bench of Justices Sabyasachi Bhattacharya and Subhendu Samanta rebuked the counsel for the wife and stated that if she continued to use her child as "a pawn" in the proceedings, the court would grant custody to the father...

Employee's Service In NTPC School, Approved By West Bengal Board , Must Be Considered For Pension: Calcutta HC

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that the employee's service at NTPC High School (7th April 1993 to 4th July 2002), though in a recognized unaided institution, must be considered for pensionary benefits as it was approved by the West Bengal Board of Secondary Education, Government of West Bengal. Background...

Prior Option To Work As Para Teacher Shouldn't Act As Deterrent, Calcutta HC Permits To Work As Samprasarak For Better Service Benefits

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that prior exercised option to work as a para teacher should not act as a deterrent to the employee to work as Samprasarak/Samprasarika to avail better service tenure and benefits. Background Facts In 2019, School Education Department of the Government of West Bengal issued...

Calcutta High Court Annual Digest: Part-I [Citations: 1-99]

ORDERS/JUDGEMENTSUse Of 'Silk' To Denote Paint's Finish Customary, Can't Be Protected As Trademark: Calcutta High Court Dismisses Berger's Plea Against JSW PaintsCitation: 2024 LiveLaw (Cal) 1Case: Berger Paints India Limited v JSW Paints Private LimitedThe Calcutta High Court recently dismissed an interim injunction application in a suit filed by Berger Paints to restrain JSW Paints from...

Calcutta High Court Monthly Digest: December 2024

Calcutta High Court Grants Bail To Former TMC Aide Ayan Sil In Recruitment Scam CaseCase: Ayan Sil v/s. Enforcement Directorate Kolkata Zonal Office-II Citation: 2024 LiveLaw (Cal) 261The Calcutta High Court has granted bail to former TMC leader Santanu Banerjee's aide Ayan Sil in connection with the infamous cash-for-jobs recruitment scam, in which high ranking Trinamool Congress leaders...

Employer Can't Deduct Excess Amount From Retiral Benefits Paid To Employee On Erroneous Fixation Of Pay Scale : Calcutta High Court

A division bench of the Calcutta High Court comprising of Justice Harish Tandon & Justice Prasenjit Biswas held that the employer cannot deduct or adjust the excess amount paid to the employee on erroneous fixation of pay scale from the retiral benefits. Background Facts The respondent employee was appointed as a lecturer in Ramkrishna Mission Shilpapitha, Belgharia, Kolkata...

Calcutta HC Allows Review Petition Filed By IIM Calcutta Faculty; Confirms Automatic Inclusion Into New Pension Scheme As Per 1987 Memorandum

Calcutta High Court: In 2020, a Division Bench had denied pension benefits to an IIM Calcutta faculty member for failing to opt into the new GPF-cum-Pension-cum-Gratuity Scheme. However, a Division Bench of Justices Rajasekhar Mantha and Ajay Kumar Gupta allowed a review petition against this judgement. The bench held that the relevant pension rules automatically covered employees who...

Amendment In Finance Act Can't Retrospectively Affect Vested Right Of Taxpayer To Adjudicate Settlement Application U/S 245(D): Calcutta HC

The Calcutta High Court recently reiterated that when the settlement applications were filed before the date on which the Finance Act 2021 did not come into effect, then taxpayers had vested right of preferring the application in absence of any statute prohibiting the said application.The Division Bench of Justice Harish Tandon and Justice Hiranmay Bhattacharyya reiterated that...

Calcutta High Court Denies Bail To Former Education Minister Partha Chatterjee, Four Others In Recruitment Scam Case

The Calcutta High Court has denied bail to former education minister Partha Chatterjee and four others, namely Subiresh Bhattacharjee, Kalyanmoy Gangopadhyay, Ashok Saha and Shanti Prasad Sinha in the infamous cash-for-jobs recruitment scam.Earlier a division bench had delivered a split verdict on the bail applications of the petitioners.On this occasion Justice Tapabrata Chakraborty denied...

State Failed To Discharge Obligation, Calcutta HC Condones Deficiency In Qualifying Service For Disbursement Of Pension

A division bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty & Justice Partha Sarathi Chatterjee allowed the condonation of the deficiency in qualifying service for disbursement of pension, and held that the state failed to discharge its obligation within the mandatory time frame set by the Court. Background Facts The employee was selected...

Calcutta High Court Grants Relief To NUJS VC, Upholds Dismissal Of Sexual Harassment Complaint

The Calcutta High Court has granted relief to the Vice-Chancellor of the National University of Juridical Sciences (NUJS), Kolkata, in a case of sexual harassment filed by a faculty member. A division bench of Justices Harish Tandon and Prasenjit Biswas found no credible evidence to support the claims and upheld the Local Complaint Committee's (LCC) decision to dismiss the complaint, citing...