Calcutta High Court
Calcutta High Court Seeks Delhi Govt's Response Over Bengal Family Allegedly Detained By Delhi Police & Deported To Bangladesh
The Calcutta High Court has sought answers from the Delhi government over the alleged detention of a migrant family from Bengal and their subsequent deportation to Bangladesh.A division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra orally observed, "We have had a similar matter yesterday, in that we said that before issuing rule, we can seek a response from the state, so...
Legal Heir Of Partner Can Seek Reference To Arbitration When Deed Provides For Partnership To Continue After Partner's Death: Calcutta HC
The Calcutta High Court bench of Justice Shampa Sarkar has observed that where a partnership deed provides that the heir of the deceased shall inherit the share and the partnership will continue, then the legal heir can seek reference of disputes to arbitration based on the arbitration clause in the deed of partnership. The Court highlighted that for non-signatories to be made a party...
Calcutta High Court Seeks Response From Odisha Govt Over Alleged Detention Of Migrant Workers From Bengal
The Calcutta High Court has posed several questions to the government of Odisha over allegations of Bengali speaking migrant workers from West Bengal allegedly being detained in Odisha.A division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra directed the Chief Secretary of West Bengal to appoint a nodal officer to coordinate with the Odisha government and pose the...
Section 80IA Income Tax Act | Internal CUP Method Is Most Appropriate For ALP Determination In Captive Power Transactions: Calcutta High Court
The Calcutta High Court held that Internal CUP (Comparable Uncontrolled Price) method is most appropriate for ALP (Arm's Length Price) determination in captive power transactions. Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) was addressing issue of whether the Internal Comparable Uncontrolled Price (CUP) method adopted by the assessee was right in determining...
Kolkata Law College Rape Case | 'Satisfied With Kolkata Police Probe': Victim's Lawyer Tells Calcutta High Court
The Calcutta High Court on Thursday was told by the lawyer representing the female student who was allegedly gang raped in South Kolkata Law College, that the victim's family was presently satisfied with the Kolkata police's progress in probing the incident.A Division bench of Justices Soumen Sen and Smita Das De was hearing multiple PILs seeking an independent probe into the incident, as well...
'Constitutional Courts Can Mould Reliefs To Prevent Injustice': Calcutta High Court Quashes Rejection Of Candidature In CAPF Selection
The Calcutta High Court bench of Justice Aniruddha Roy has held that the constitutional court under Article 226 is obligated to ensure that no citizen is deprived of his legal and constitutional rights to which he is entitled. Therefore, to ensure that no injustice is meted out to the citizens, the court is empowered to mould reliefs in light of the facts and circumstances of...
[Recruitment Scam] Can SSC Defend Cause Of 'Tainted Candidates' Who Were Barred From Re-Applying? Calcutta High Court Asks State
"Can the school service commission defend the cause of candidates who were labelled as tainted by the Supreme Court in the recruitment scam?" the Calcutta High Court asked recently.A division bench of Justices Soumen Sen and Smita Das De was hearing an appeal against a single bench order which had debarred tainted candidates from reapplying under the fresh recruitment process, in line with...
Issues Of Misjoinder Of Parties & Incorporation By Reference Fall Within Purview Of Arbitral Tribunal: Calcutta High Court
The Calcutta High Court Bench of Justice Shampa Sarkar, while allowing an application for appointment of arbitrator has observed that the issues of misjoinder/non-joinder of parties and whether the arbitration clause contained in the principal agreement was incorporated by reference in a subsequent agreement by the successors-in- interest would fall within the domain of the...
West Bengal Govt Challenges Single-Judge Order Debarring “Tainted” Candidates From Reapplying For Fresh Recruitment
The State of West Bengal has approached the Calcutta High Court challenging a single bench order which held that tainted candidates in the SSC Recruitment scam would not be allowed to re-apply for the fresh recruitment process, as held by the Supreme Court. The appeal was moved before a division bench of Justices Soumen Sen and Smita Das De.The single bench noted that according to an...
Appeal On Service Classification Under 'Insurance Auxiliary Service' Not Maintainable Before High Court: Calcutta High Court
The Calcutta High Court stated that an appeal on service classification under 'insurance auxiliary service' not maintainable before the High Court. Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) was addressing the appeal filed by the department/appellant under Section 35G of the Central Excise Act, 1944 read with section 83 of the Finance Act, 1994 challenging...
[Cash-For-Jobs Scam] Calcutta High Court Debars 'Tainted Candidates' From Participating In Fresh Recruitment Process
The Calcutta High Court has debarred 'tainted' candidates whose jobs were cancelled by the Supreme Court from participating in the fresh SSC recruitment process in light of the cash for jobs recruitment scam.Justice Saugata Bhattacharya held: "In view of aforesaid discussion, respondent authorities including WBCSSC are directed to proceed with the selection process which started vide...
[Recruitment Scam] Amounts To Double Punishment, Jobs & Salary Already Lost: State Tells Calcutta HC Over Tainted Candidates' Eligibility To Take Re-Test
The State of West Bengal has told the Calcutta High Court that disallowing 'tainted' candidates in the recruitment scam from re-taking the TET exam would result in double punishment after their jobs and salaries had already been taken away by the Supreme Court's order.Senior Advocate Kalyan Bandopadhyay told a bench of Justice Saugata Bhattacharaya that the Supreme Court order did not...