Calcutta High Court Monthly Digest: June 2025

NOMINAL INDEXThe State of West Bengal Vs. Susanta Chowdhury Citation: 2025 LiveLaw (Cal) 125Sudhar Mangar Vs The State of West Bengal Citation: 2025 LiveLaw (Cal) 126M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED Versus SUJAN SEIKH Citation: 2025 LiveLaw (Cal) 128Midnapur District Service cum Marketing & Industrial Cooperative Union Ltd. Vs. The State of West Bengal &...

Arbitration Can Be Initiated Over Termination Of Employee Contract Containing Both Dispute Resolution & Termination Clause : Calcutta High Court

The Calcutta High Court Bench of Justice Shampa Sarkar while allowing an application for appointment of arbitrator has observed that where an employee has been terminated in terms of an employment contract which contains both Dispute Resolution clause and Termination clause, if it is not a case of termination simpliciter, then the dispute shall be referred to arbitration in terms of...

When Parties Cannot Agree Upon Rules Governing Arbitration, Independent Clause Conferring Exclusive Jurisdiction Prevails: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar, while hearing a section 11 petition, observed that Courts at Durgapur would have the exclusive jurisdiction over the arbitral proceeding vide Clause 46.2.4 of the GCC, as the parties could not agree upon the rules of arbitration governing the proceedings as provided under Clause 46.2.5. Factual Matrix: The Respondent No....

Diploma Holder Paid Excess Salary Of Degree Holder Due To Administrative Error, Calcutta HC Denies Recovery After 18 Years

The Calcutta High Court bench comprising Justice Smita Das De held that recovery of excess salary paid due to administrative error, without any fraud or misrepresentation by the employee is impermissible, especially after a long lapse of time. Background Facts An advertisement was published by the West Bengal Central School Service Commission on 01.11.1999. It was...

Order Passed By Bench Not Conferred With Determination By Roster Is A Nullity: Calcutta High Court

The Calcutta High Court has held that orders passed by a bench which has not been conferred with that particular determination by virtue of the roster decided by the Chief Justice would lack jurisdiction and be a nullity in the eyes of the law.In answering a reference, the full bench of Justices Debangsu Basak, Shampa Sarkar and Hiranmay Bhattacharya held:The reference is answered by...

Kolkata Law College Rape Case : Calcutta High Court Orders Closure Of Student Union Rooms In All State Colleges Till Elections

The Calcutta High Court has ordered all union rooms across state-run colleges to be indefinitely shut down till student elections are held in the state.A division bench of Justices Soumen Sen and Smita Das De passed these orders in light of the alleged gang rape of a law student at South Kolkata Law College by her fellow students and a fomer student & contractual staff at the...

Land Losers Can't Be Denied Benefit U/S 31 Of Land Acquisition Act, Even If Acquired Land Does Not Generate Employment: Calcutta High Court

The Calcutta High Court bench of Justice Partha Sarathi Sen has held that the land acquired under the Private and Public model attracts the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act) therefore the benefits to the land losers under section 31 of the Act read with Serial no.4 of the Second Schedule of the Act...

Calcutta High Court Tells State To Refrain From Taking Coercive Steps Against Padma-Awarded Monk Kartik Maharaj Over Allegations Of Rape

The Calcutta High Court has orally instructed the state government not to take any coercive steps against Padma Shri-awarded monk Maharaj Swami Pradiptananda alias 'Kartik Mahraj', who had moved the Court against allegations of rape levelled by a woman who claimed to be his devotee.Justice Jay Sengupta made these oral remarks while accepting the petitioner's plea for an in-camera hearing in...

"Purchase Order Containing Arbitration Clause Will Supercede Tax Invoice Which Does Not Contain Arbitration Clause": Calcutta High Court

The Calcutta High Court Bench of Justice Shampa Sarkar while allowing an application for appointment for arbitrator observed that the terms and conditions of the purchase order including the arbitration agreement would prevail over and supersede the terms and conditions of the tax invoice which does not contain an arbitration clause. The Court held that the purchase order was the...

"Doing Everything" To Ensure Expeditious Probe: State Tells Calcutta High Court In Kolkata Law Student Rape Case

The West Bengal government today informed the Calcutta High Court that it is taking all steps to ensure that the probe into alleged incident of rape at the South Kolkata Law College is conducted and concluded in a timely manner.The court also asked the state to file an affidavit detailing the progress of the investigation since the filing of the FIR on 26th June 2025, as well as answer...

Illegal Termination Violating Natural Justice Mandates Reinstatement, Not Mere Compensation: Calcutta HC

Calcutta High Court: A single judge bench consisting of Justice Raja Basu Chowdhury set aside a labour court's order that denied reinstatement to a bus driver, despite finding his termination to be illegal. The court held that when termination violates principles of natural justice, reinstatement should be awarded instead of mere compensation. Background C Chitambaram worked as...

Gazette Notification Is Mandatory Under CCS Rules For Recognition Of Name Change To Claim Family Pension : Calcutta HC

A single judge bench of the Calcutta High Court comprising Justice Shampa Dutt (Paul) held that a Gazette notification is mandatory for recognition of a name change of a government employee or their family member for pensionary benefits. Further affidavits and newspaper publications alone are insufficient to meet this procedural requirement. Background Facts The petitioner's...