Absence Of Express Liberty In Withdrawal Order To File Fresh Execution Petition Does Not Deny Benefit U/S 14 Of Limitation Act: Calcutta HC

The Calcutta High Court bench of Justice Bibhas Ranjan De has held that withdrawal of an execution petition for enforcement of an arbitral award on the ground of lack of jurisdiction, when such ground is clearly stated in the withdrawal application, does not bar the petitioner from refiling before the appropriate forum, even if the court's order does not expressly grant liberty to...

Calcutta High Court Tells State Not To Continue Demolishing Rooftop Restaurants, Asks Why Notice Was Not Given Before Demolition

The Calcutta High Court has orally instructed the state authorities not to continue demolishing rooftop cafes and restaurants in the city, after owners of a restaurant on Park Street approached the court stating that their buildings were being demolished without any notice, and immediately after the issuance of stop work notices.Justice Gaurang Kanth did not pass an official stay order...

Calcutta High Court Strikes Down Provision Allowing Consumers To Be Penalised For Excess Electricity Usage

The Calcutta High Court has struck down a state law which allowed electricity companies to penalise consumers who consumed more electricity than the limit prescribed by the companies.The impugned rule was under Regulation 4.4 of the West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2011 (for short, “the 2011 Tariff Regulations”), framed by the...

Arbitrator Can Fix Fee In Consultation With Parties Without Recourse To A&C Act; Quantum Can't Be Challenged Under Article 227: Calcutta HC

The Calcutta High Court bench of Justice Bihas Ranjan De. has observed that an arbitrator can indeed fix his remuneration, and this can be done in a manner that may not comply with the Fourth Schedule of the Arbitration and Conciliation Act, 1996, provided that such a decision is made in consultation with the parties involved. When parties contractually agree on a fee, the Fourth...

Calcutta High Court Quashes 25-Yr-Old Case Against Man Booked For Mere Presence At Scene Of Theft, House Trespass

The Calcutta High Court has quashed a case against a man, who was booked for the offences of inter alia theft and house trespass under Sections 448/379/461/417/120B of the Indian Penal Code.In quashing the case arising out of the events in 1999, Justice Suvra Ghosh held:It is a fact that delay is a relevant factor and every accused is entitled to speedy justice in view of Article 21 of...

Calcutta High Court Monthy Digest: April 2025

NOMINAL INDEXM/S. Sauryajyoti Renewables Pvt.Ltd. Vs VSL Re Power Private Limited Citation: 2025 LiveLaw (Cal) 67SRI SWAPAN PAUL VS M/S. PAUL CONSTRUCTION Citation: 2025 LiveLaw (Cal) 68DEEPAK BHARGAVA & ORS. VS. JAGRATI TRADE SERVICES PVT. LTD. & ORS. Citation: 2025 LiveLaw (Cal) 69M/S GREENBILT INDUSTRIES PRIVATE LIMITED VS M/S A B DINESH CONCRETE PRIVATE LIMITED Citation: 2025...

“No Work, No Pay” Doesn't Apply If Appointment Delay Is Due To Authorities' Fault : Calcutta HC

A division bench of the Calcutta High Court comprising of Harish Tandon, J and Prasenjit Biswas, J held that the principle of “No Work, No Pay” does not apply when the delay in appointment is due to the fault of the authorities, thus entitling the affected person to monetary benefits. Background Facts The appellant appeared for 12th Regional Level Selection Test (RLST) for...

Calcutta High Court Issues Contempt Notice Against Mob For Insulting Judge, Heckling Lawyers Inside Court Premises

The Calcutta High Court has issued contempt notice against a 'mob' which had gathered outside one of the courtrooms and heckled lawyers, including Senior Advocate Bikash Ranjan Bhattacharya, as well as insulted Justice Biswajit Basu in a matter related to the ongoing cases on the 2016 SSC selection process. A full bench of the court comprising Justices Arijit Banerjee, Sabyasachi Bhattacharya...

Calcutta HC Declines To Quash SC/ST Act Case Against Ex-Visva Bharati VC For Saying He Won't Allow SC, ST Or OBC Staff To Enter His Office

The Calcutta High Court has declined to quash a case registered under the SC/AT (Prevention of Atrocities) Act against former Vice Chancellor of Visva Bharati University, Prof Bidyut Chakraborty, and other office bearers who were accused of making casteist remarks against an employee of the university at a meeting.Justice Ajay Kumar Gupta held: "The Central Conference Hall of the...

Calcutta High Court Orders Identification Of Individuals Who Heckled Lawyers, Insulted Judge On HC Premises

The Calcutta High Court has ordered the Kolkata police to identify those who had allegedly heckled certain lawyers including Senior Advocate Bikash Ranjan Bhattacharya, on the High Court premises, as well as made insulting remarks towards Justice Biswajit Basu.A division bench of Chief Justice TS Sivagnanam and Justice C. Chatterjee (Das) was approached by a group of lawyers who...

Central Govt Is Appropriate Authority For Industrial Disputes Involving Nationalized Companies Irrespective Of Contrary Notifications : Calcutta HC

The Calcutta High Court bench comprising of Justice Shampa Dutt (Paul) held that when an industry is nationalized and carried on under the authority of the Central Government pursuant to a statute like the Nationalization Act, the Central Government is the “appropriate government” under Section 2(a)(i) of the Industrial Disputes Act, 1947 for adjudication of industrial...

Calcutta High Court To Begin Hearing Appeals Against Single Bench Order Terminating Appointment Of Primary Teachers

The Calcutta High Court will begin hearing appeals by primary teachers whose appointments were cancelled by a single bench order, which set aside the appointment of over 30,000 primary teachers in schools across West Bengal.The appeal will be heard beginning on May 7, by a division bench of Justices Tapabrata Chakrabrty and Reetobroto Kumar Mitra.Upon cancelling the entire process, the...