Calcutta High Court
Calcutta High Court Stays Notification For Preparation Of New List Of OBC Classes By West Bengal Govt
The Calcutta High Court has ordered an interim stay on the preparation of a new list of Other Backward Caste (OBC's) persons in the state of West Bengal, by including new castes in the state's list of existing OBC classes.A division bench of Justices Rajasekhar Mantha and Tapabrata Chakraborty issued the interim stay till the next date of hearing on 31st July, 2025.The court has also put a...
Illegal Disciplinary Proceedings And Termination Of Services Of Co-op Bank Employee : Calcutta HC Sets Aside Order
Calcutta High Court: A single judge bench of Justice Partha Sarathi Chatterjee held that the disciplinary proceedings against a senior bank employee were conducted by officials who did not have the authority to do so. Consequently, the court also set aside his termination order. The court ruled that both the charge sheet and the termination order violated Rule 106 of the West...
Penal Provisions Of Aadhaar Act Can't Be Applied Retrospectively In Absence Of Express Provision Due To Bar Under Article 20(1): Calcutta HC
The Calcutta High Court bench of Justice Uday Kumar has held that a close reading of the Aadhaar Act, 2016, reveals no provision allowing retrospective application. When there is no provision expressly making the Act retrospective in nature, applying it to the acts committed before the Act came into force would violate Article 20(1) of the Indian Constitution. The State's reliance on the detection in 2016 that is after the Act came into force of the alleged offence is misplaced, as the relevant...
Daily-Rated And Casual Workers Must Be Counted While Determining Gratuity Act Applicability: Calcutta HC
Calcutta High Court: A single judge bench consisting of Justice Shampa Dutt (Paul) allowed the grant of gratuity to a former employee of Midnapur District Service-cum-Marketing & Industrial Cooperative Union Ltd. The court held that the union came within the scope of Section 1(3)(c) of the Payment of Gratuity Act, 1972. The court held that denying these dues after 34 years of...
Arbitration Clause Mandates Reference, Question Of Appropriateness Can't Be Considered U/S 8 Of A&C Act: Calcutta High Court
The Calcutta High Court bench of Justices Arijit Banerjee and Rai Chattopadhyay has held that where an agreement between the parties contains a clear arbitration clause and disputes arise under that agreement, the Trial Court is bound to refer the parties to arbitration. The question of whether such reference is appropriate or not does not arise, as Section 8(1) of the Arbitration...
Professional Engagement With Law Firm Does Not Disqualify Advocate From Acting As Arbitrator: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that an Advocate who has accepted briefs from a law firm for unrelated clients cannot, by that fact alone, be deemed ineligible to act as an Arbitrator in disputes involving parties not personally known to or represented by him, even if the same law firm appears in the arbitration. Brief Facts: This...
Calcutta High Court Orders Action Against Judicial Officers For Failing To Provide Legal Aid To Accused In NDPS Case
The Calcutta High Court has called for action against two judicial officers, namely the Chief Judicial Magistrate and District and Sessions Judge(NDPS), for their failure to offer a legal aid lawyer to an NDPS accused who had been unrepresented in the proceedings before the court.While granting bail to the accused, Justice Krishna Rao observed that the accused was produced before the...
Not 'Rarest Of Rare' Case: Calcutta High Court Commutes Death Sentence Of Man Who Murdered Ex-Girlfriend By Stabbing Her 45 Times
The Calcutta High Court has commuted the death sentence of a man accused who had been accused of murdering his ex-girlfriend by stabbing her 45 times. The convict was sentenced to life imprisonment instead.A division bench of Justices Debangsu Basak and Shabbar Rashidi held that the crime did not fall into the rarest of rare category to sustain a death penalty, and that the convict was not...
![[Recruitment Scam] Calcutta High Court Questions State Over Allowance Being Paid To School Staff Whose Appointments Were Cancelled By SC](https://www-livelaw-in.demo.remotlog.com/h-upload/2023/05/03/500x300_470839-justice-amrita-sinha.webp "[Recruitment Scam] Calcutta High Court Questions State Over Allowance Being Paid To School Staff Whose Appointments Were Cancelled By SC")
[Recruitment Scam] Calcutta High Court Questions State Over 'Allowance' Being Paid To School Staff Whose Appointments Were Cancelled By SC
The Calcutta High Court on Monday questioned the state government over its decision to continue paying group C and D staffers an "allowance" after their appointments were cancelled by the Supreme Court due to being allegedly tainted by the recruitment scam in West Bengal.Justice Amrita Sinha was hearing a plea by the unsuccessful candidates challenging the decision to pay such an allowance to...
Calcutta High Court Orders Police Protection For Sharmistha Panoli Over Threats Faced Due To Social Media Posts
The Calcutta High Court, in its order granting bail to law student Sharmistha Panoli, has directed the Kolkata Police to provide her with protection due to threats faced over certain social media posts allegedly insulting Islam, which had led to her initial arrest.Justice Raja Basu Chowdhury, in granting bail to Panoli, stated that due to the gravity of the offence, her tender age, and that...
BREAKING | Calcutta High Court Grants Interim Bail To Law Student Sharmistha Panoli In Offensive Video Case
The Calcutta High Court on Thursday (June 5) granted interim bail to law student Sharmishta Panoli in her plea seeking urgent relief after she was arrested for posting an allegedly offensive video targeting Muslims in light of Operation Sindoor. At the earlier hearing, the court had denied interim bail to Panoli and advised her that freedom of speech doesn't mean that she could hurt...