Mere Use Of "Arbitration" In Heading Does Not Create Binding Clause If Fresh Consent Of Parties Is Required For Reference: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that the mere use of the words “arbitration” or “arbitrator” in a clause does not constitute an arbitration agreement if the clause requires or contemplates a further or fresh consent of the parties before referring the dispute to arbitration. Brief Facts: The West Bengal Highway Development Corporation...

Court Does Not Sit In Appeal Over Medical Expert's Opinion, Interference Permitted Only In Case Of Arbitrariness: Calcutta High Court

The Calcutta High Court bench of Justice Aniruddha Roy has held that the Court cannot sit in appeal over the decision or opinion of medical experts, nor can it substitute its own judgment for that of the experts. Judicial interference is warranted only in cases where there is clear evidence of mala fides, arbitrariness, or inconsistency on the face of the expert opinion. This case does...

Original Claim Can Be Amended At Argument Stage In Arbitration Proceedings, Provisions Of CPC Do Not Apply Strictly: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Dutt (Paul) has held that an amendment to the original claim may be permitted during arbitral proceedings, even at the stage of final arguments, particularly when costs have been imposed on the party seeking the amendment and accepted by the opposite party—provided the amendment does not materially alter the nature of the original claim...

Punishment Of Censure, Claim For Promotion During Disciplinary Proceedings Rightly Rejected : Calcutta Hc

A Division bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty & Justice Reetobroto Kumar Mitra held that employee against whom disciplinary proceedings were pending at time of recommendation for promotion can be granted promotion only prospectively after the conclusion of proceedings. Background Facts A disciplinary proceeding was initiated by...

Departmental Proceedings After Compulsory Retirement, Since Not Under Rule 9, CCS (Pension) Rules, Can't Continue : Calcutta HC

Calcutta High Court: A division bench consisting of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra dismissed two cross appeals. Both appeals arose out of a single judge order that directed the release of retirement benefits to a former RPF officer. The court explained that proceedings initiated under Rule 153 of the Railway Protection Force (RPF) Rules, 1987, cannot continue...

Denying Patent On Grounds Of Morality & Health Without Scientific Evidence Is Unsustainable: Calcutta High Court

The Calcutta High Court has set aside an order passed by the Patent Controller, denying a patent to ITC Limited for a “A Heater Assembly to Generate Aerosol.” The patent was denied on grounds of public health and morality, keeping in mind The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act,...

Calcutta High Court Directs No Coercive Action Against Teachers Whose Agitation Led To Violent Clashes With Police

The Calcutta High Court has ordered the police not to take any coercive action against certain protesting teachers who were involved in skirmishes with police authorities after their protest outside the state education department turned violent. The Court also directed the West Bengal Board of Secondary Education not to give effect to show cause notices issued to the teachers either.The order...

Court Is Not Appropriate Forum To Seek Interim Relief During Arbitration Proceedings: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that the appropriate forum for seeking interim relief after the constitution of the Arbitral Tribunal is the Tribunal itself under Section 17 of the Arbitration Act. Recourse to the court under Section 9 is permitted during the arbitration proceedings only if the remedy under Section 17 is found to be...

Interim Measures U/S 9 Of Arbitration Can't Be Sought By MSME During Conciliation Proceedings: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that interim measures under Section 9 of the Arbitration Act can be sought by the MSME only after mandatory conciliation before the MSME Council fails and the dispute proceeds to arbitration—either conducted by the Council or referred to an arbitral institution. Only then do the provisions of the Arbitration...

Execution Of Discharge Voucher Not A Bar To Claim Higher Compensation If Provided For By IRDA Circular: Calcutta High Court

The Calcutta High Court bench of Justice Aniruddha Roy has held that once the liability or quantum of a claim under an insurance policy is established, the Insurance Company must not withhold the claim amount and must comply with Insurance Regulatory and Development Authority (IRDA) Circular which entitles the Insured to claim a higher amount. It further held that the Circular...

Shortfall In Pensionable Service Caused By State's Delay In Absorption Can't Defeat Pension Claim : Calcutta High Court

A division bench of the Calcutta High Court comprising of Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the delay by the State in absorbing an employee cannot be used to deny pension benefits if such delay alone causes shortfall in qualifying service. Background Facts The petitioner was appointed in the Calcutta Homeopathic Medical College and Hospital on...

Calcutta High Court Issues Contempt Rule Against TMC Leader, 7 Others For Allegedly Heckling Lawyers On HC Premises

A three-judge bench of the Calcutta High Court comprising of Justices Arijit Banerjee, Sabyasachi Bhattacharya and Rajarshi Bharadwaj has issued contempt rule against eight individuals, including TMC leader Kunal Ghosh for allegedly heckling lawyers outside a courtroom over discontent regarding a development in the recruitment scam case.Earlier, the Chief Justice had constituted a...