Government Employee Dying A Day Before 60th Birthday Is Deemed Under 60, Dependent Eligible For Compassionate Appointment : Calcutta HC

The Calcutta High Court bench comprising of Saugata Bhattacharyya, J. held that a government employee is deemed not to have completed 60 years of age if they die one day before their 60th birthday, therefore making their dependent eligible for compassionate appointment. Background Facts The petitioner applied for appointment on compassionate ground in a secondary school after death of his father. The date of birth of father was 2nd January, 1961. He turned sixty on January 1, 2021, ...

Practise Of Keeping Default Bail Applications Pending Till Chargesheet Is Filed Must Be Strongly Discouraged: Calcutta High Court

The Calcutta High Court has held that the practice of keeping applications for "default bail" pending by trial courts till a chargesheet is submitted by investigating agencies must be strongly discouraged.A division bench Justices Arijit Banerjee and Apurba Sinha Ray held: "...Some courts keep the application for “default bail” pending for some days so that in the meantime a charge-sheet is submitted. While such a practice both on the part of the prosecution as well as some courts must be very...

RG Kar Rape-Murder | "Did You Ever Believe More Than One Person Was Involved?": Calcutta High Court Asks CBI, Calls For Report

The Calcutta High Court on Monday asked the CBI whether it had ever believed that more than one person, other than convict Sanjoy Roy was involved in the RG Kar rape and murder case or the larger conspiracy to cover up the incident.Justice Tirthankar Ghosh was hearing a plea by the victim's parents seeking further investigation after the Supreme Court asked them to approach the HC for relief....

"Under Which Law Were They Detained?" Calcutta High Court Questions Detention Of Students Who Were Allegedly Tortured In Custody

The Calcutta High Court has expressed concern over the lack of answers presented by the state police on the detention and alleged custodial torture of three female college students at a women's police station in North Bengal. "Ask your [officer] under what provision were they taken? Today morning I was shattered when the SDPO rank officer could not answer. Its not that protests don't happen,...

Non-Signatories To Arbitration Agreement Can Be Made Party To Dispute If Reliefs Sought Against Them Align With Those Sought Against Signatories: Calcutta HC

The Calcutta High Court bench of Justices Sabyasachi Bhattacharyya and Uday Kumar has observed that if the reliefs against the non-signatories to the arbitration agreement are in harmony with the reliefs sought against the signatories, particularly when the legal relationship between the signatories and non-signatories are on the same platform vis-a-vis the cause of action of the suit and...

Authority Imposing Damages Must Provide Detailed Reasoning For Penalties Under EPF Act: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging the Central Industrial Tribunal's order that had set aside damages imposed by the Assistant Provident Fund Commissioner. The Court held that authorities imposing damages under Section 14B of the Employees' Provident Fund Act must provide detailed reasoning and proper calculation...

Breaking | Calcutta High Court Lifts Stay On Recruitment Of Civil Judge Candidates Who Qualified WBJS Exam 2022, Dismisses Pleas Challenging Process

In a breaking development, the Calcutta High Court has lifted the stay order on the recruitment of civil judges who qualified the West Bengal Judicial Services Exam, 2022.Justice Arindam Mukherjee dismissed multiple pleas which had challenged the conduct of the exams.Due to the pendency of the matter, the process of recruitment had been stayed by the High Court, and as a result, no civil...

Tendering Authority Is Best Judge To Decide T&C Of Tender, Judicial Interference Permissible Only When Terms Are Arbitrary: Calcutta HC

The Calcutta High Court bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) has held that tender issuing authority is the best judge to decide terms and conditions of a tender. Such terms and conditions cannot be tinkered with by the Judicial Authority unless they are found to be arbitrary or whimsical. Brief Facts: A writ petition was filed by...

Writ Petition Is Not Maintainable When Effective And Efficacious Remedy In Form Of Arbitration Is Available: Calcutta High Court

The Calcutta High Court Bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya held that it cannot entertain a writ petition if an effective and efficacious remedy, in the form of arbitration, is available. It said that the High Court would normally exercise its jurisdiction in 3 contingencies namely (i) when the writ petition was filed for enforcement of any...

Loss Of Profit In Works Contracts Can Be Awarded Upon Illegal Termination, Even In Absence Of Direct Proof: Calcutta High Court

The Calcutta High Court division bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that once a contractor establishes an illegal and unjustified termination of the contract by the employer, there is no need to prove the actual loss suffered. A reasonable expectation of profit is implicit in a works contract, and compensation must be awarded accordingly. The...

Determination Of Employment Status Is A Mixed Question Of Law And Fact; Requires Adjudication By Industrial Tribunal: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed the writ petition filed by the Indian Institute of Management Calcutta (IIMC). The bench held that an Industrial Tribunal is the right forum to determine if IIMC was the principal employer. It further held that mere denial by IIMC was not sufficient to preclude a reference under the Industrial Disputes...

Calcutta High Court Monthly Digest: February 2025

NOMINAL INDEXChaitali Roy (Mandal) v. State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 21ASSOCITATION FOR PROTECTION OF DEMOCRATIC RIGHTS(APDR) AND ANR VS STATE OF WEST BENGAL AND ORS Citation: 2025 LiveLaw (Cal) 22Dilip Kumar Choudhury & Ors. v. The Regional Provident Fund Commissioner, Durgapur, EPFO & Ors. Citation: 2025 LiveLaw (Cal) 23THE DIRECTOR GENERAL,...