Calcutta High Court Monthly Digest: December 2023 [Citations 339-351]

NOMINAL INDEX

Manik Brahma Versus The State of West Bengal & Ors. 2023 LiveLaw (Cal) 339

Rubi Khatun Versus The State of West Bengal & Ors. 2023 LiveLaw (Cal) 340

Manish Todi vs Pawan Agarwal 2023 LiveLaw (Cal) 341

New Kenilworth Hotel Private Limited and another v State of West Bengal and others 2023 LiveLaw (Cal) 342

Gopal Seth Vs. Election Commission of India and others 2023 LiveLaw (Cal) 343

Soumen Nandy v State of West Bengal & ors 2023 LiveLaw (Cal) 344

Somabrata Mandal v Bar Council of West Bengal and others 2023 LiveLaw (Cal) 345

UNIVERSAL CABLES LIMITED vs. ARVIND KUMAR NEWAR AND ORS. 2023 LiveLaw (Cal) 346

Black Diamond Resources & Anr. Vs Indian Oil Corporation Limited & Ors. 2023 LiveLaw (Cal) 347

Surya Sankar Barik v The State of West Bengal and others 2023 LiveLaw (Cal) 348

Sri Dilip Ghosh @ Dilip Kumar Ghosh & Anr. Versus The State of West Bengal & Ors. 2023 LiveLaw (Cal) 349

Sangrami Joutha Mancha and Anr. Vs. State of West Bengal and Ors. 2023 LiveLaw (Cal) 350

 M/s. Mehrotra Buildcon Pvt. Ltd. v South Eastern Railway 2023 LiveLaw (Cal) 351

'Political Outfits Of Different Hues Entitled To Level Playing Field': Calcutta High Court Allows Public Meeting In Purba Medinipur

Citation: 2023 LiveLaw (Cal) 339

Case: Manik Brahma Versus The State of West Bengal & Ors.

The Calcutta High Court has allowed a plea seeking to hold a public meeting, upon noting that organisations, including political parties of different hues, are entitled to a level playing field.

A single bench of Justice Jay Sengupta observed that while citizens possessed the right to peacefully assemble under the Constitution, the same would be subject to reasonable restrictions.

Calcutta High Court Extends Police Protection To Family Of Congress Worker Killed In Panchayat Poll Violence Upon Finding They Were Being Threatened By Accused

Citation: 2023 LiveLaw (Cal) 340

Case: Rubi Khatun Versus The State of West Bengal & Ors.

The Calcutta High Court has extended the police protection granted to the family of an Indian National Congress worker who was allegedly killed by members and workers of the ruling political dispensation.

In a plea by the slain worker's wife, a single bench of Justice Jay Sengupta directed the local police authorities to ensure the safety of the petitioner, upon noting from mobile tower location records that she was being threatened by the accused to withdraw her complaint. 

Calcutta High Court Dismisses Plea For Appointing Arbitrator, Says Time-Barred Claim Cannot Be Resurrected By S.43(4) Of A&C Act

Citation: 2023 LiveLaw (Cal) 341

Case: Manish Todi vs Pawan Agarwal

The Calcutta High Court has recently held that Section 43(4) of the Arbitration & Conciliation Act, 1996, (1996 Act) must defer to the provisions of the Limitation Act and that the period of limitation cannot be extended to create a new window after the expiry of the limitation.

In dismissing a plea for appointment of an arbitrator under Section 11 of the Act as time-barred, a single bench of Justice Moushumi Bhattacharya held:

Section 43(4), simply put, excludes the time from commencement of arbitration to the date of setting aside of the arbitral award...the petitioner's recourse to section 43(4) of the 1996 Act, even if applied to the facts, does not come to the petitioner's rescue since the petitioner would lag behind the limitation period by 4 years 3 months. The question of limitation must also be decided on the underlying principles of the Limitation Act and discounting the existence of an arbitration clause.

Not Essential Criterion For Election: Calcutta High Court Dismisses Plea Against BJP MLA For Allegedly Falsifying Educational Qualifications

Citation: 2023 LiveLaw (Cal) 343

Case: Gopal Seth Vs. Election Commission of India and others

The Calcutta High Court has recently held that the election of a candidate as a Member of the Legislative Assembly (MLA), cannot be set aside on the ground of alleged irregularities in declaring his educational qualifications.

The Court was seized of a plea moved by Trinamool Congress (TMC) MLA Gopal Seth, against Bharatiya Janata Party (BJP) MLA Swapan Majumdar, alleging that the latter had falsified his educational qualifications before the Election Commission of India (ECI) during the 2021 State Assembly Elections, by claiming that he was a graduate of the VIIIth standard, while there were no records that could be obtained from the concerned school.

Calcutta High Court Upholds Order Cancelling Appointment Of 94 Teachers Found Ineligible Under 2014 Eligibility Test

Citation: 2023 LiveLaw (Cal) 344

Case: Soumen Nandy v State of West Bengal & ors

The Calcutta High Court has recently upheld its order cancelling the appointment letters of 94 teachers, who were found ineligible and underqualified under the Teachers Eligibility Test conducted in 2014.

A single bench of Justice Amrita Sinha had earlier passed orders for cancellation of the appointment of the aforesaid teachers upon perusing a report by the West Bengal Board of Primary Education (WBPPE) with a finding that the 94 candidates had not qualified in TET 2014 but were issued an appointment letter. The court observed that although the candidates were given opportunities to produce documents supporting their educational qualifications, they were unable to do so.

Upon cancellation of their appointments, the candidates approached a division bench in appeal, which did not interfere with the above order, but directed the petitioners to approach the single bench with a prayer for modification of the order.

State Bar Council's Opinion On Alleged Misconduct Doesn't Curtail Disciplinary Committee's Power To Examine Maintainability Of Complaint: Calcutta HC

Citation: 2023 LiveLaw (Cal) 345

Case: Somabrata Mandal v Bar Council of West Bengal and others

The Calcutta High Court has recently held that in an alleged case of misconduct, the mere formation of opinion by a State Bar Council that it has reason to believe that the accused advocate may be guilty of professional or other misconduct does not necessarily curtail the powers of the Disciplinary Committee to deal with the issue of maintainability of the complaint.

A single bench of Justice Sabyasachi Bhattacharya held:

There may be umpteen cases where the State Bar Council may have reason to believe that the advocate may be guilty of misconduct but upon reference to the Disciplinary Committee, the Disciplinary Committee upon a scrutiny finds that the complaint is not maintainable, having not disclosed any clear-cut violation of any law or ethics amounting to professional or other misconduct by the advocate.

Birla-Lodha Battle | 'Only Civil Courts Can Conclusively Decide Issues Of Title': Calcutta HC Allows H.V. Lodha To Continue As MP Birla Group Chairman

Case Title: UNIVERSAL CABLES LIMITED vs. ARVIND KUMAR NEWAR AND ORS.

Citation: 2023 LiveLaw (Cal) 346

The Calcutta High Court on Thursday ruled in favour of Harsh Vardhan Lodha continuing as chairman of MP Birla Group and reportedly barred the administrators of Priyamvada Devi Birla's Estate from interfering with day-to-day operations of companies.

More than 3 years after a Single Judge of the Calcutta High Court had passed an order directing removal of MP Birla Group Chairman, H.V. Lodha from the positions he held in the various Companies, Trusts and Societies of the M.P. Birla Group on the basis of a concept of “extended Estate” of Priyamvada Devi Birla, a Division Bench on Thursday granted major relief to the Lodhas by unequivocally determining that a Testamentary (Probate) Court cannot get into the domain of Companies, Trusts and Societies, its functioning or management.

Grouping In Tender Process Based On Intelligible Differentia; Can't Be Faulted Merely Because Bidders Convenience Not Suited: Calcutta HC

Case Title: Black Diamond Resources & Anr. Vs Indian Oil Corporation Limited & Ors.

Citation: 2023 LiveLaw (Cal) 347

The Calcutta High Court has dismissed a plea filed by the bidder, a start-up, against a tender floated by Indian Oil Corporation Limited ('Indian Oil') for transportation and conversion of High-density Ammonium Nitrate ('HDAN') Melt into HDAN Solid alleging that the same was tailor-made for six big operators in the field and specifically to exclude start-ups.

A single bench of Justice Sabyasachi Bhattacharya dismissed the plea upon holding that there was nothing to indicate patent mala fides, arbitrariness or intention by the tender floating authority being Indian Oil to favour any particular operator based on any line of distinction which is not reasonable or intelligible.

Income Not Sufficient For Treatment & Reintegration: Calcutta High Court Directs Payment Of Further Compensation To Male Acid Attack Survivor

Case: Surya Sankar Barik v The State of West Bengal and others

Citation: 2023 LiveLaw (Cal) 348

The Calcutta High Court has directed the State Legal Services Authority (SLSA) to consider and enhance the compensation awarded to a male acid attack survivor.

Under the West Bengal Victim Compensation Scheme, the petitioner was paid Rs 3 lakh, which was the minimum stipulated amount.

A single bench of Justice Sabyasachi Bhattacharya upon noting that the petitioner had credibly pointed out that he needed much more than just amount for his treatment and reintegration into society.

Calcutta High Court Declines BJP MP Dilip Ghosh's Plea For Change In TET Exam Date Due To 'Bhagvad Gita Chanting' To Be Held On Same Day

Citation: 2023 LiveLaw (Cal) 349

Case: Sri Dilip Ghosh @ Dilip Kumar Ghosh & Anr. Versus The State of West Bengal & Ors.

The Calcutta High Court has recently declined a plea moved by Dilip Ghosh, Member of Parliament, Vice President & State President of the Bharatiya Janata Party (BJP) for postponing the date of the Teachers Eligibility Test (TET) exam to be held on 24th December 2023 in lieu of 'Bhagavad Gita chanting' program which would be held in Kolkata and attended by high-level dignitaries.

The plea was moved by Ghosh and another petitioner, a TET candidate who was desirous of attending the program, and sought for the exam date to be rescheduled since there would be anticipated traffic disruptions caused by the movement of highly placed dignitaries, which would affect the students in reaching the examination venue.

Calcutta High Court Allows Sit-In Protest By Govt Employees Demanding Release Of Dearness Allowance Near State Secretariat 'Nabanna'

Citation: 2023 LiveLaw (Cal) 350

Case: Sangrami Joutha Mancha and Anr. Vs. State of West Bengal and Ors.

The Calcutta High Court has partially upheld an order by a single judge which allowed members of the Sangrami Joutha Mancha, who are state government employees to conduct a peaceful sit-in protest for increase in their dearness allowance (DA) outside the State Secretariat building 'Nabanna' located in Howrah.

A single bench of Justice Rajasekhar Mantha had on an earlier occasion conditionally allowed the protest to be conducted over 72 hours from 22nd-24th December by directing that the petitioners undertake to hold a very peaceful sit-in demonstration and not cause any inconvenience in public at large. The petitioners shall clean the place of sit-in demonstration after its completion. The petitioners shall also strictly maintain the noise pollution norms.

State preferred an appeal against the aforesaid order before a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya.

Arbitration Act Envisages Complete Consensus On All Points, Consensual Dispute Resolution Forms Its 'Leitmotif': Calcutta High Court

Citation: 2023 LiveLaw (Cal) 351

Case: M/s. Mehrotra Buildcon Pvt. Ltd. v South Eastern Railway

The Calcutta High Court has recently allowed a plea for the appointment of a sole arbitrator by M/s Mehrotra Buildcon Pvt Ltd, to adjudicate over its dispute with the South Eastern Railway (SER).

In allowing the petitioner's application under Section 11 of the Arbitration & Conciliation Act, 1996 ("Act"), by calling out the restrictive clause in the General Conditions of Contract ("GCC") which made the petitioner choose an arbitrator from a list given by the respondent, a single bench of Justice Moushumi Bhattacharya held:

Petitioner was to choose 2 names from the 4 names given by the respondent. The clause does not provide for any elbow-room for the petitioner to make a free choice. The names are simply handed on a platter, the petitioner is to choose 2 and the final choice rests on the GM of the respondent; that too as the petitioner's nominee arbitrator. Nothing can be more one-sided than this. The absence of consent and choice is writ large in clause 64(3)(b)(ii) of the GCC.