Calcutta High Court Suspends Andaman & Nicobar Chief Secretary & Fines Lt Gov For Not Implementing Directions For Daily Wagers' Benefits

The Calcutta High Court’s Circuit Bench at Port Blair on Wednesday, under its contempt jurisdiction, suspended Keshav Chandra, the Chief Secretary of the Andaman & Nicobar Islands Administration, and fined Admiral D.K. Joshi, the Lt. Governor, a sum of Rs 5 lakh to be paid “from his own funds” and directed him to be present at the next hearing to show cause why they should not...

Buyer Not Liable For Seller's Default: Calcutta High Court Set Aside ITC Reversal Demand Against Buyer

The Calcutta High Court has held that before directing the recipient of service or buyer to reverse the input tax credit and remit it to the government, the department ought to have taken action against the selling dealer.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that the issuance of a demand notice on the recipient of service on account of...

Calcutta High Court Upholds Interim Hike In Minimum Wage For Tea-Plantation Workers, Directs State To Finalise Minimum Wage In 6 Months

The Calcutta High Court has dismissed a plea by owners/lessors of several tea plantations, for setting aside an advisory dated 27th April 2023, issued by the State Labour Commissioner hiking interim minimum wage for tea plantation workers to Rs 250/- per day w.e.f. 1st June 2023.A single-bench of Justice Raja Basu Chowdhury also directed the State to finalise the minimum wage settlement for...

Food Safety & Standard Act Doesn't "Impliedly Repeal" S.273 IPC, Police Officer Not Debarred From Investigating Adulteration: Calcutta High Court

The Calcutta High Court has refused to quash three separate criminal proceedings initiated under Sections 272/273 (Adulteration of food or drink intended for sale), 420 (Cheating) and 120B (Criminal Conspiracy) of IPC, against manufactures of allegedly spurious food items.In refuting the petitioner’s argument that the provisions under the Food Safety and Standard Act 2006 (“FSSAI...

'Authorities Deciding Valuable Constitutional Rights So Cryptic In Their Consideration': Calcutta HC Sets Aside BDO's Order Denying OBC Certificate

The Calcutta High Court on Wednesday, ex parte set aside an order of the Block Development Officer- Domjur (“BDO”), affirmed by the Sub-divisional Officer (“SDO”), which rejected the claim of the petitioner for an Other Backward Classes (“OBC”) certificate, without allowing him an opportunity for hearing or to produce relevant documents in support of his application. In...

Post Office Guardian Of Nation's Savings: Calcutta HC Asks Postmaster-General To Settle Claim Of Martyr’s Wife Duped Of Deposit By ‘Authorised’ Agent

The Calcutta High Court on Tuesday directed the Chief Postmaster General to settle a claim of Rs 6, 99,500 along with interest, in favour of a martyr's wife who had invested the amount in her local Burnpur Post Office’s MIS and Fixed deposit scheme, which was subsequently misappropriated by an authorised agent. A single-judge bench of Justice Shekhar B. Saraf held:Based on the...

Arbitration Act | Admitted Facts Don’t Breach ‘Twin-Benchmark’ Of Fraud Or Corruption: Calcutta High Court Declines Stay Of Award

The Calcutta High Court has recently dismissed a plea filed by petitioners West Bengal Small Industries Development Corporation Limited (“WBSIDC”) for unconditional stay of an arbitral award passed against it in 2019, on the grounds of fraud and corruption, under Section 36(3) of the Arbitration & Conciliation Act, 1996 (“Act”).In holding that the facts of the case, along with...

Calcutta High Court Monthly Digest: July 2023

NOMINAL INDEX (Citations 180-201)The New India Assurance Co. Ltd. v Winsome International Ltd. 2023 LiveLaw (Cal) 180State Of West Bengal And Ors. Vs Sirajul Islam Gharami And Ors. 2023 LiveLaw (Cal) 181National Human Rights Commission and Ors v The State of West Bengal 2023 LiveLaw (Cal) 182Texmaco Rail and Engineering Limited & Anr v Union of India and Ors 2023 LiveLaw (Cal) 183Tushar...

Calcutta High Court Suggests State To Conduct Periodic Raids To Prevent Illegal Manufacture Of Packaged Drinking Water

The Calcutta High Court has suggested the State's Health and Family Welfare Department to conduct periodic raids in order to quell instances of illegal manufacture of packaged drinking water, without license.Previously, the Court had sought a report regarding the measures taken by the State to ensure the safety of packaged drinking water. Upon perusing such report on Tuesday, a division-bench...

Ram Navami Violence | Further Delay By State In Handing Over Investigation Files To NIA Would Be “Absolutely Contemptuous”: Calcutta High Court

The Calcutta High Court today directed the State authorities to immediately handover all relevant investigation reports and files on the violence that occurred during Ram Navami celebrations in West Bengal to the National Investigation Agency (“NIA”).The probe was transferred to NIA on orders passed by a Division Bench of the High Court, which were affirmed by the Supreme Court...

'This Is Going Beyond Limits': Calcutta High Court Restrains TMC's Planned “Gherao” Of BJP Leaders’ Residence

The Calcutta High Court on Monday passed an interim order in a plea by BJP Leader of Opposition Suvendu Adhikari, restraining TMC leader Abhishek Banerjee, among other functionaries, from carrying out a pre-planned “gherao” of the residences of all BJP leaders in West Bengal.In categorising such gatherings as detrimental to public interest, a bench of Chief Justice TS Sivagnanam and...

Calcutta High Court Dismisses PIL To Restrain CM Mamata Banerjee From Making Allegedly “Provocative Speeches” At Eid Gathering

The Calcutta High Court today dismissed a PIL filed against West Bengal Chief Minister Mamata Banerjee (“private respondent”) for restraining her from using allegedly “provocative speeches” at the “Red Road religious congregation” on the occasion of Eid-u-Fitr, next year.A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya orally remarked:“A...