Composite Reference To Arbitration Can Be Made For Acceptance Of Offer At Consolidated Price Across Different Locations: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that the very acceptance of an offer at a consolidated price for works to be executed at different locations proves that the work orders issued were treated as part of a single transaction by the parties through their conduct therefore under such circumstances a composite reference of all work orders can be...

No Interim Relief U/S 9 Of A&C Act Without Exceptional Circumstances After Conciliation Fails & Arbitration Starts Under MSME Act: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that once conciliation fails under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), the Council may either conduct the arbitration itself or refer the matter to an arbitral institution. As per Section 18(3) of the MSME Act, the provisions of the Arbitration and Conciliation Act, 1996 (Arbitration...

[POCSO Act] Trying To Grope Victim's Breast Doesn't Fall Under Definition Of Attempted Rape: Calcutta High Court

The Calcutta High Court has held that the attempt of a man to grope a minor girl's breast in an inebriated state, did not tantamount to the offence of attempted rape under the POCSO act, but could be categorised as attempt to commit aggravated sexual assault due to there being no penetrative act.A division bench of Justices Arijit Banerjee and Biswaroop Chowdhury held:We have carefully...

Calcutta High Court Calls For West Bengal Govt's Response In PIL Challenging Deocha-Pachami Coal Project

A division bench of the Calcutta High Court led by Chief Justice T.S. Sivagnanam has directed the Government of West Bengal and the WBPDCL to file affidavits within three weeks, responding to an interim application filed in the Public Interest Litigation (PIL) challenging the illegalities and violation of official contractors involved in implementation of coal/basalt mining at...

Appointment Of Arbitrator By GM Of Metro Rail In Dispute Between Railways & Contractor Is Barred U/S 12(5) Of Arbitration Act: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that the appointment of an arbitrator by the General Manager of Metro Railways in a dispute between Metro Railways and the contractor is barred by Section 12(5) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Therefore, the General Manager cannot be permitted to appoint the arbitrator. Brief...

Calcutta High Court Allows Suvendu Adhikari To Visit Waqf Bill Violence Affected Area In Murshidabad

The Calcutta High Court has allowed BJP Leader of Opposition Suvendu Adhikari to visit areas in Murshidabad, which have been affected by large-scale violence during demonstrations against the Waqf bill which was recently passed by the parliament.A division bench of Justices Soumen Sen and Raja Basu Chowdhury allowed Adhikari's visit, while holding that, "they shall not take out any procession...

Proceedings U/S 37 A Of FEMA Can't Be Continued During Moratorium U/S 33(5) Of IBC: Calcutta High Court

The Calcutta High Court bench of Justice Jay Sengupta has held that once a liquidation order against the Corporate Debtor is passed, all proceedings including those pending at the time of such order under the Foreign Exchange Management Act, 1999 (FEMA) cannot be continued, nor can any new proceedings be initiated, in view of the bar under Section 33(5) of the Insolvency and Bankruptcy...

Increase Of Working Hours Without Compensation In Government Mints, Calcutta High Court Finds Tribunal Award Reasonable

Calcutta High Court: A single judge bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging the Industrial Tribunal's award that denied compensation to mint workers for increased working hours. The court found that extending working hours from 37½ to 44 hours per week as recommended by the 5th Pay Commission was reasonable, as it was accompanied by enhanced pay...

"Smacked & Had Her Hair Pulled, Kept Outside CCTV View For Almost 4 Hrs": Calcutta HC Forms SIT To Probe Allegations Of Custodial Torture On Students

The Calcutta High Court has formed a special investigation team (SIT) to probe allegations of custodial torture against two female students who were picked up from a protest outside their college in Midnapore, taken to the local women's police station and allegedly beaten before being released late at night with no explanation for their detention.Justice Tirthankar Ghosh held: "A photograph...

Employer Can't Alter Recorded D.O.B. Of Government Employee Beyond Prescribed 5-Year Period From Date Of Initial Appointment : Calcutta HC

The Calcutta High Court bench comprising of Aniruddha Roy, J. held that an employer cannot unilaterally alter the recorded date of birth of a government employee beyond the prescribed five-year limitation period from the date of joining. Background Facts The petitioner joined her employment in the year 1987 after submission of all the relevant records and documents. The...

Whether IRCTC's Revised Menu Alters Original Contract With Arbitration Clause Is For Arbitrator To Decide, Falls Outside Court's Jurisdiction: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that whether the subsequent revision of the original menu by IRCTC form part of the original contract containing an arbitration clause is a matter to be decided by the Arbitrator. Such an issue falls outside the limited scope of the Court's jurisdiction under Section 11(6) of the Arbitration and Conciliation Act,...

Although Injunction Against Invocation Of Guarantee Cannot Be Granted, Court Can Grant Interim Protection If Prima Facie Case Is Established: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that although an injunction against the invocation of a bank guarantee cannot normally be granted, if the petitioner establishes a prima facie case, the court should not hesitate to grant interim protection under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Brief Facts: Gallant Equipment...