Calcutta High Court Weekly Round-Up 10th June To 16th June, 2024

NOMINAL INDEX

Sri Kunal Chandra Sen vs. State of West Bengal & Ors. 2024 LiveLaw (Cal) 141

THE KOLKATA MUNICIPAL CORPORATION AND ANR VS NATIONAL RESTAURANT ASSOCIATION OF INDIA AND ORS 2024 LiveLaw (Cal) 142

Mr. Birendra Bhagat vs. Arch Infra Properties Private Limited 2024 LiveLaw (Cal) 143

Bharati Tamang v Central Bureau of Investigation & Anr. 2024 LiveLaw (Cal) 144

ORDERS/JUDGEMENTS

State Cannot Prolong Delay In Releasing Employees' Pension Under Guise Of Public Interest & Accountability: Calcutta High Court

Citation: 2024 LiveLaw (Cal) 141

Case Name : Sri Kunal Chandra Sen vs. State of West Bengal & Ors.

A single judge bench of the Calcutta High Court comprising of Justice Aniruddha Roy, while deciding Writ Petition in the case of Sri Kunal Chandra Sen vs. State of West Bengal & Ors., held that the state cannot use public interest and accountability as an excuse to indefinitely delay the release of employees' pensions.

Calcutta High Court Upholds Single Judge's Order Which Held That Hookah Bars Could Not Be Shut Down Until State Govt Enacts Law To Ban Them

Citation: 2024 LiveLaw (Cal) 142

Case: THE KOLKATA MUNICIPAL CORPORATION AND ANR VS NATIONAL RESTAURANT ASSOCIATION OF INDIA AND ORS 

The Calcutta High Court has upheld an order passed by a single bench which had held that hookah bars across the state of West Bengal could not be shut down pursuant to the court's orders until the state government enacted a law banning their operation.

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya upheld an earlier order passed by a bench of Justice Rajasekhar Mantha and dismissed the present appeal by the Kolkata Municipal Corporation (KMC).

Settlement Of Dispute By Expert Is Not Arbitration, No Intention To Submit To Independent Arbitrator: Calcutta High Court

Citation: 2024 LiveLaw (Cal) 143

Case Title: Mr. Birendra Bhagat vs. Arch Infra Properties Private Limited

The Calcutta High Court bench of Justice Shampa Sarkar held that a clause laying down the settlement of the dispute by an expert cannot be said to be an arbitration clause. The bench held that an arbitral tribunal arrives at its decision on the evidence and submissions of the parties and must apply the law.

It held that an expert, unless it is agreed otherwise, makes his own enquiries applies his own expertise and decides how to resolve a problem or a dispute or difference. It held such clauses do not reflect the intention of the parties to submit to the jurisdiction of an independent arbitrator.

Calcutta High Court Directs CBI To Reinstate Gorkha Leader Bimal Gurung As Accused In 2010 Madan Tamang Murder Case

Citation: 2024 LiveLaw (Cal) 144

Case: Bharati Tamang v Central Bureau of Investigation & Anr.

The Calcutta High Court has recently directed the Central Bureau of Investigation (CBI) to reinstate Gorkha Janmukti Morcha (GJM) leader Bimal Gurung in a 2010 murder case of Madan Tamang. who was a leader of the All India Gorkha League.

Tamang, who was vocally opposed to the violent means and corruption in the GJM, was brutally hacked to death in 2010 when members of the GJM stormed his party's gathering and attacked those present with 'khukris' and sticks. Tamang was brutally stabbed and later died in hospital.

A single-judge bench of Justice Subhendu Samanta set aside an order of the trial court which had discharged Gurung as an accused in the 2010 murder case, in an appeal by Tamang's widow.