Calcutta High Court Directs Pollution Control Board To Conduct Surprise Inspection On Rice Mills Allegedly Discharging Toxic Effluents

The Calcutta High Court on Tuesday directed the West Bengal Pollution Control Board (“PCB”), to carry out surprise inspections on certain rice-mills in Arambagh allegedly discharging toxic effluents into a kuchha ‘drain’ along the side of a busy National Highway. Upon noting that the PCB had previously ordered the closure of the aforesaid rice mills due to their illegal and...

Teacher Recruitment Scam: Calcutta High Court Judge Withdraws From Hearing Abhishek Banerjee's Plea After ED's Objection

Update: Chief Justice TS Sivagnanam re-assigned the matter to bench of Justice Tirthankar Ghosh.Justice Tirthankar Ghosh of the Calcutta High Court on Monday released a quashing petition moved by AITC MP Abhishek Banerjee in connection with the West Bengal Teachers Recruitment “cash-for-jobs” scam.The development comes after ED objected to his court hearing the matter. ASG SV Raju...

Calcutta High Court Criticizes "Indefinite" Ban On Bidder Pending Criminal Trial

The Calcutta High Court on Monday allowed a writ petition for the lifting of a ban imposed on Auroma Coke Ltd (“petitioners”) from taking part in the Non-regulated Sector (“NRS”) Linkage auctions organised by Coal India Limited (“CIL”). The petitioners were blacklisted by CIL in the year 2011 upon a communication by the Central Bureau of Investigation (“CBI”) regarding...

Calcutta High Court Directs Police To Escort Poll Violence Victims Back To Their Homes

Those who were molested and assaulted shall be provided escort by the local police to go back to their home, the Calcutta High Court directed on Monday in the aftermath of post poll violence in West Bengal.A division-bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya further directed that complaints, if already registered, must be investigated and the Police...

Calcutta High Court Weekly Round-Up: July 17 To July 23, 2023

NOMINAL INDEXDipu Bar and Ors. Vs Union Of India and Ors. 2023 LiveLaw (Cal) 186Smt. Shanta Paul v The State Of West Bengal And Others 2023 LiveLaw (Cal) 187Dhirarastra Dutta Vs State of West Bengal and Ors. 2023 LiveLaw (Cal) 188Srei Equipment Finance Limited v. Seirra Infraventure Private Limited 2023 LiveLaw (Cal) 189State of West Bengal & Ors. v. Asit Das & Ors. &...

Hearing Of Interim Application U/S 9(1) Arbitration Act Not Barred By Constitution Of Arbitral Tribunal If Court Has Already ‘Entertained’ It: Calcutta HC

The Calcutta High Court has recently held that that the power of a Court to continue hearing an application for interim relief under Section 9(1) of the Arbitration and Conciliation Act, 1996, (“1996 Act”) would not be “fettered” under Section 9(3) after the constitution of an arbitral tribunal, if the court has already entertained the application.A single-judge bench of Justice...

Calcutta High Court Restores Plea Challenging 'Drum Beating', 'Public Slaughtering' Of Animals During Muharram

The Calcutta High Court on Friday allowed the restoration of a plea challenging the acts of "drum-beating" and "public-slaughtering" of animals during Muharram.A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya said,“The petitioner has filed [this plea] to restore the writ petition which was dismissed for default on 18.04.2023. The petitioner submits that...

Justice Gaurang Kanth Sworn In As Judge Of Calcutta High Court

Justice Gaurang Kanth was sworn in as a Judge of the Calcutta High Court today. Chief Justice TS Sivagnaman administered the oath of office.The Central Government had notified his transfer from the Delhi High Court pursuant to the Supreme Court Collegium's recommendation. On July 12, the Collegium rejected his request for transfer to Madhya Pradesh High Court or Rajasthan High Court or any...

State’s Duty To Compensate For Land Acquisition, Can’t Contend Landowner’s Right Forfeited Due To Delay In Approaching Court: Calcutta HC

Once government utilizes a person’s land, it is duty bound to follow land acquisition laws; why would the citizen who has been deprived of his property be required to approach the Court for seeking compensation, the Calcutta High Court said recently.The remarks were made while dismissing multiple appeals preferred by the West Bengal government against orders of a Single-judge in 2017,...

Panchayat Elections: Calcutta High Court Orders DIG To Investigate Allegation Of Nomination Paper Being Filed By Candidate From Abroad

The Calcutta High Court on Thursday directed the DIG, Crime Investigation Department, West Bengal, supervised by a Retired Judge of the Court, to carry out an investigation into the acceptance and scrutiny of nomination papers filed by a candidate from Minakha block, who was allegedly not present in India at the time of such filing, during the West Bengal Panchayat Elections 2023. A...

Party’s Right To Choose Arbitrator Cannot Be Revived Once It Is Surrendered To Court U/S 11(6) Arbitration Act: Calcutta High Court

The Calcutta High Court has recently held that when a party forfeits its right to appoint an arbitrator in accordance with Section 11 of the Arbitration & Conciliation Act, 1996 (“Arbitration act”), then it cannot subsequently “trace back its steps” to revive such a right, for the substitution of a fresh panel of arbitrators, when the existing arbitrator becomes de jure/de...

Calcutta High Court Seeks WB Forest Authority's Response Over Death Of Pregnant Elephant During Translocation

The Calcutta High Court on Tuesday directed the Forest Department, Government of West Bengal to file a report in a plea concerning the death of a pregnant elephant during the process of translocation from one district to another. In taking up the concerns raised by the petitioner, an advocate claiming to be an eye-witness to the incident, a Bench of Chief Justice T.S. Sivagnanam and...