Calcutta High Court
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...
Calcutta High Court Reinstates Allegedly Unqualified Law School Principal Ousted By Judge Based On Phone Conversation With Her
The Calcutta High Court has reinstated Dr Sunanda Goenka (“appellant”) as principal of Jogesh Chandra Chowdhury Law College, who was removed from her position by a single-bench at the behest of students of the college who had submitted that she was not qualified for her role under the UGC guidelines.Appellants counsel submitted that she had been removed as principal by the single-judge on...
Foreigner Can’t Scuttle Citizens' Rights Under Article 19: Centre To Calcutta HC In Plea By Abhishek Banerjee’s Wife Against Media Coverage
The Central government today opposed the plea moved by Abhishek Banerjee’s wife against the ‘incessant and sensational’ coverage by the media of the petitioner’s family, including her husband, pertaining to the investigation into the multi-tier recruitment scam being carried out by the CBI and ED.DSG Billwadal Bhattacharya appearing for the Union of India submitted that Rujira Banerjee...
Calcutta High Court Upholds Initial Vote Count For Panchayat Samiti Seat, Says BDO Favoured Candidates Of Ruling Party In Recount
The Calcutta High Court has negated the results of recounting for a Panchayat Samiti seat, which took place during the recently concluded Panchayat General Elections in West Bengal.Petitioner argued that he had been informed of being the winning candidate by six votes on 11th July, but when he went to collect his winning certificate the next day, he was informed that the votes had been...
Calcutta High Court Orders State To Reconsider Gang Rape Convicts' Plea For Premature Release, Says Can't 'Blindly' Cite Heinous Nature Of Crime
The Calcutta High Court has directed the State Sentence Review Board (“SSRB”) to reconsider the case of two gang rape convicts for premature release after 22 years of incarceration, which had been denied by the Board on earlier occasions.Petitioners, convicted in 2001, had applied for remission, and the Court noted that not only did the authorities have no complaints regarding their...
Calcutta High Court Asks WB Education Board To Consider Granting Opportunity To Candidates “Cheated” In Teachers Recruitment Scam
The Calcutta High Court on Tuesday directed the West Bengal Board of Primary Education to consider the case of those candidates who were ‘wronged’ due to the large-scale recruitment scam in hiring of primary school teachers, which is being currently investigated by the CBI and ED.Court observed that the petitioners as well as candidates who were similarly placed to them and had missed out...
Father Locking Main Gate To Evict Son Without Due Process Of Law Is Mischievous: Calcutta High Court
The Calcutta High Court has come to the aid of a man who was ousted by his father from their house by installing a padlock on the main gate.It was argued by the petitioner-father, that the respondent-son had spent 15 years away from the family, and had only returned “to create disturbances” when the petitioner had gifted a large portion of his property to another son. In recognising...
Majority Community Cannot Co-Opt Minority Seat When Minority Candidate Available: Calcutta High Court Directs Appointment Of ST Woman As ‘Pradhan’
The Calcutta High Court has dismissed challenges against the selection of an elected candidate belonging to the Scheduled tribe category as the Pradhan of a gram panchayat, against a seat reserved for ST candidates.Since the incumbent was the only candidate who was eligible for the post, which had been reserved for members of the ST community, she was to be elected as Pradhan unopposed....
Calcutta High Court Provides Relief To Family Of Man Killed In Tiger Attack, Says Compensation Can't Be Denied Even If He Transgressed Law
The Calcutta High Court has directed the Principal Chief Conservator of Forest (Head of Forest Force), Government of West Bengal, to disburse a compensation of Rs.5,00,000/- in favour of the petitioner, whose husband died after being attacked by a tiger in the Sundarbans area.In observing that compensation could not be denied even if the petitioner’s husband had transgressed some laws...
