Calcutta High Court
Disabled Persons Entitled To Posting At Same Place Even After Promotion Under Policy Framed Pursuant To International Obligations: Calcutta HC
The Calcutta High Court bench of Justices Sujoy Paul and Smita Das De has held that a policy mandating that disabled persons remain posted at the same place even after promotion is binding, especially when framed under international obligations. A disabled person cannot be denied the benefit of such a policy even if reversion is sought by him under compelling circumstances.The present...
Calcutta High Court Grants Plea For Injunction By Moondust Paper Ltd In Suit Against Infringement Of 'Captain Gogo' Trademark
The Calcutta High Court has granted an order of injunction to Moondust Paper Private Limited, the owners of the trademark 'Captain Gogo' in a suit for infringement of the trademark by various entities.In granting the prayers for injunction, Justice Ravi Kishan Kapur held:"It is evident that the impugned products fall in the same category as of the petitioners and are also being sold through...
Income Tax | Interest Earned On Surplus Lending Funds Is Attributable To Banking Business, Qualifies For 80P Deduction: Calcutta High Court
The Calcutta High Court stated that interest earned on surplus lending funds is attributable to banking business, qualifies for 80P deduction under Income Tax Act. Section 80P of the Income Tax Act, 1961 provides 100% tax deductions to cooperative societies for income from specified activities. These activities commonly include marketing agricultural produce, purchasing...
Writ Petition Not Maintainable Against Officer's ITC Finding Made Within Jurisdiction: Calcutta High Court
The Calcutta High Court stated that writ not maintainable against officer's ITC finding made within jurisdiction. Justice Raja Basu Chowdhury stated that “Though, violation of principles of natural justice, and a challenge on jurisdictional issue can be maintained, such issue must, relate to an exercise of jurisdiction by an authority which it does not have, and not merely an...
Death Penalty Is Irreversible Step, Judges Should Never Be 'Bloodthirsty': Calcutta High Court Commutes Death Sentence In Murder Case
The Calcutta High Court has commuted a death sentence awarded to the petitioner for murder and dacoity to life imprisonment, and observed that judges should not be 'bloodthirsty' in such cases since sentencing someone to death would be an irreversible step that could not be undone even if new evidence were to surface.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar...
Reference To Dispute Resolution Board Not Mandatory Before Invoking S.11(6) Of Arbitration Act If It Is Not Constituted On Time: Calcutta HC
The Calcutta High Court bench of Justice Shampa Sarkar has held that a party cannot be compelled to approach the Dispute Resolution Board (DSB) for resolution of disputes first before invoking the jurisdiction of the court under section 11(6) of the Arbitration Act especially when the DSB was not constituted as per terms of the contract and its composition was not even communicated to...
PIL In Calcutta High Court Seeks Mass Sterilisation & Vaccination Of Stray Dogs Amidst Rising Dog Bite-Related Incidents
A Public Interest Litigation (PIL) has been filed before the Calcutta High Court by Advocate Akash Sharma, seeking urgent measures to curb the rising stray dog attacks through mass vaccination and sterilization programs.The PIL highlights the alarming increase in dog bite cases and rabies-related fatalities, as reported by the Central Government's PIB report, underscoring the need for...
Cause Of Action Arises From Clear Refusal To Perform Contractual Obligations, Not Mere Non-Performance: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar held that when there is a clear refusal by one of the parties to perform the terms of a contract, the cause of action arises from the date of such refusal, and not from the date of initial non-performance, especially where negotiations continued, implying that the parties possibly wanted to extend the time for...
Calcutta High Court Directs Redrawing Of WBJEE 2025 Merit List In Compliance With HC Orders On OBC Reservation
The Calcutta High Court has directed the West Bengal Joint Entrance Examinations Board to recast the merit list drawn up for the 2025 Joint Entrance Exams, to bring them in conformity with the pre-2010 percentage of OBC reservations, as had been ordered by the High Court in its May 2024 order. This came after the court observed that the Board had issued the merit list in the present case,...
Rejection Of Claims By Writ Court Over Disputed Issues Does Not Bar Reference To Arbitration: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that when the claims of the petitioner are not adjudicated by writ courts and subsequently by the Supreme Court in a Special Leave Petition on the ground that they involve disputed questions of fact and law which are beyond the remit of the court, and the petitioner is directed to invoke the alternative remedy of...
Mere Use Of Expression “Arbitration” Insufficient To Constitute A Binding Agreement U/S 7 Of A&C Act: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that mere use of the expression “Arbitration” in a clause will not automatically make the clause a binding arbitration agreement as contemplated under Section 7 of the Arbitration Conciliation Act, 1996 unless there is a clear intent to refer disputes to Arbitration. The court observed that an arbitration agreement has to...