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...

Murshidabad Violence | Calcutta High Court Directs State To Remunerate Affected Parties, Consider Calls For Permanent BSF Camp In Area

In a public interest litigation borne out of communal violence in Bengal's Murshidabad area during the Anti-Waqf Bill protests, the Calcutta High Court has directed the state to remunerate and restore all parties whose lives and properties were affected during the violent riots.A division bench of Justices Soumen Sen and Raja Basu Chowdhury further directed that the state consider the...

'Non-Consideration Of SC Judgment Amounts To Patent Illegality': Calcutta High Court Sets Aside Award On Grounds Of Unilateral Appointment

The Calcutta High Court bench of Justice Shampa Sarkar has held that non-consideration of a judgment of the Supreme Court amounts to patent illegality, which is a valid ground for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) particularly when the award is passed by an arbitrator unilaterally appointed by...

Excise Duty Under Sugar Cess Act Can Be Claimed As CENVAT Credit: Calcutta High Court

The Calcutta High Court stated that excise duty under sugar tax act can be claimed as CENVAT credit. The Bench consists of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) was addressing the issue of whether payment of duty under Sugar Cess Act, 1982 can be claimed as Cenvat Credit when the Cenvat Credit Rules does not provide payment of cess under the Sugar...

Calcutta High Court Upholds Order Dismissing Plea Challenging Shift Of NCLT Premises To New Town

The Calcutta High Court has upheld a single bench order declining a plea challenging the move to shift the NCLT Kolkata premises located near the High Court, to a new building in the city's New Town area, as proposed by the Ministry of Corporate Affairs.A division bench of Justices Rajarshi Bharadwaj and Apurba Sinha Ray held: "The question, however, is not whether the shift in location...

[NDPS Act] Default Bail Can't Be Granted Upon Timely Filing Of Chargesheet, Even If Not Accompanied With Chemical Report: Calcutta High Court

The Calcutta High Court bench of Justices Debangsu Basak and Md. Shabbar Rashidi has held that the right to default bail is defeated once a chargesheet is filed within the statutory time period. Even if the chargesheet is not accompanied by a Chemical Examination Report, it cannot be deemed incomplete provided the evidence collected during the investigation is sufficient to proceed against the accused. A charge sheet without the Chemical Examination Report filed within time is nonetheless a...

When Assessee-Company Can Prove Genuineness Of Transaction, Delhi HC's 'NR Portfolio' Judgment Not Applicable: Calcutta HC

The Calcutta High Court has made it clear that the Delhi High Court decisions in NR Portfolio and Navodaya Castles will hold no value where an assessee-company establishes the identity of its shares subscribers, creditworthiness of the share subscribers and genuineness of the transactions.In CIT v. NR Portfolio Private Limited (2014) and in CITA v. Navodaya Castles Private Limited (2014),...