Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court
2 months ago

Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court

Live Law  

The Calcutta High Court has held that the direction of payment of back wages is discretionary and it vests a court with the authority to consider the totality of facts and circumstances in any individual case. “Direction towards payment of back wages is a discretionary power which has to be exercised by a court keeping in mind the facts in their entirety and neither a strait jacket formula nor a rule of universal application can be laid down in such cases,” the division bench held. The Court in its judgement clarified that a terminated employee seeking back wages is required to explicitly plead or provide a statement before the court of first instance or adjudicating authority that they were not gainfully employed or were employed at a lower wage. The court further highlighted, “On perusal of the entire materials as placed before us and on consideration of the reported decision of the Hon'ble Apex Court as cited from the side of the Bar it appears to us that the legal position is fairly settled by a catena of decisions that direction to pay back wages in its entirety is not an automatic consequent upon the declaration of dismissal order bad in law.” “The concept of discretion is in-built in such exercise.

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History of this topic

Employee Cannot Be Paid Back Wages For Work Missed Due To Confinement In Jail, 'No Work No Pay' Applies: Allahabad High Court
1 week, 2 days ago

Employee Cannot Be Paid Back Wages For Work Missed Due To Confinement In Jail, 'No Work No Pay' Applies: Allahabad High Court

Live Law  

The Allahabad High Court has denied relief to an employee who was confined in jail for almost 3 years holding that missed work due to confinement in jail does not entitle the employee to get back wages for the said period as the principle of 'no work no pay' applies. When petitioner approached the authority for payment of wages for …

Employee Cannot Be Paid Back Wages For Work Missed Due To Confinement In Jail, 'No Work No Pay' Applies: Allahabad High Court
1 week, 2 days ago

Employee Cannot Be Paid Back Wages For Work Missed Due To Confinement In Jail, 'No Work No Pay' Applies: Allahabad High Court

Live Law  

The Allahabad High Court has denied relief to an employee who was confined in jail for almost 3 years holding that missed work due to confinement in jail does not entitle the employee to get back wages for the said period as the principle of 'no work no pay' applies. When petitioner approached the authority for payment of wages for …

Calcutta High Court dismisses case against man accused of mocking Mamata Banerjee
3 weeks ago

Calcutta High Court dismisses case against man accused of mocking Mamata Banerjee

Op India  

Criminal charges against a man who reportedly made fun of West Bengal Chief Minister Mamata Banerjee and other political figures on YouTube have been dropped by the Calcutta High Court. “After careful scrutiny of the materials available in the case diary, this court does not find any sufficient or cogent evidence or even prima facie case against the present petitioner. …

Supreme Court Imposes ₹10 Lakh Cost On West Bengal Govt For Filing Delayed & Baseless Petition Against Employee's Retiral Dues
1 month ago

Supreme Court Imposes ₹10 Lakh Cost On West Bengal Govt For Filing Delayed & Baseless Petition Against Employee's Retiral Dues

Live Law  

The Supreme Court recently imposed ₹10 Lakh cost on the State of West Bengal for filing a delayed and baseless petition against an employee's rightful retiral dues, which had remained unpaid for 18 years. A bench comprising Justices Vikram Nath and Sandeep Mehta heard the case involving a retired employee who had not received his retiral dues since his retirement …

Calcutta High Court Orders Freeze On Salaries Of Top Civic Officials Over Non-Payment Of Retiree's Dues Since 2018
2 months ago

Calcutta High Court Orders Freeze On Salaries Of Top Civic Officials Over Non-Payment Of Retiree's Dues Since 2018

Live Law  

The Calcutta High Court has ordered a freeze on the salaries of the Executive Officer and Finance Officer of Murshidabad Municipality, West Bengal due to non-payment of pensionary dues to one of its employees since 2018. The court also directed that the honorarium paid to the Chairman of the Municipality be withheld till the entire dues of the petitioner were …

Bombay High Court Reprimands Bank For Denying Employee's Request To Reverse Promotion To Care For Visually Impaired Child, Imposes ₹25K Cost
2 months, 1 week ago

Bombay High Court Reprimands Bank For Denying Employee's Request To Reverse Promotion To Care For Visually Impaired Child, Imposes ₹25K Cost

Live Law  

The Bombay High Court recently chastised the Indian Overseas Bank for denying the request of one of its employees to reverse her promotion in Chennai and transfer her back to Mumbai, so that she could better care for her visually impaired child. It said, “As a mother she understand the difficulties posed by her 10 year old child, and is …

Bombay High Court Reprimands Bank For Denying Employee's Request To Reverse Promotion To Care For Visually Impaired Child, Imposes ₹25K Cost
2 months, 1 week ago

Bombay High Court Reprimands Bank For Denying Employee's Request To Reverse Promotion To Care For Visually Impaired Child, Imposes ₹25K Cost

Live Law  

The Bombay High Court recently chastised the Indian Overseas Bank for denying the request of one of its employees to reverse her promotion in Chennai and transfer her back to Mumbai, so that she could better care for her visually impaired child. It said, “As a mother she understand the difficulties posed by her 10 year old child, and is …

[S.138 NI Act] While Considering Suspension Of Sentence, Court Must See If Case Falls Under Any Exceptions: Andhra Pradesh HC Reiterates
2 months, 1 week ago

[S.138 NI Act] While Considering Suspension Of Sentence, Court Must See If Case Falls Under Any Exceptions: Andhra Pradesh HC Reiterates

Live Law  

The Andhra Pradesh High Court has reiterated that a plea for suspension of sentence is generally sought without any conditions, and when an accused seeks a blanket order like this, the responsibility is cast on the Court to determine whether the case falls under an exception. the high court said, “The Appellate Court in the impugned order referred to the …

Chargesheet Issued In 2009, No Inquiry For 15 Years: Allahabad High Court Terminates Disciplinary Proceedings
2 months, 1 week ago

Chargesheet Issued In 2009, No Inquiry For 15 Years: Allahabad High Court Terminates Disciplinary Proceedings

Live Law  

Recently, the Allahabad High Court terminated the disciplinary proceedings against petitioner-employee in which chargesheet had issued in 2009 and no action was taken since then. Petitioner approached the High Court seeking payment of retiral dues and conclusion of the disciplinary proceedings. The Court observed that the District Panchayat Raj Officer, Ghazipur, in his personal affidavit, could not explain the reasons …

Employer Can't Deduct Excess Amount From Retiral Benefits Paid To Employee On Erroneous Fixation Of Pay Scale : Calcutta High Court
2 months, 2 weeks ago

Employer Can't Deduct Excess Amount From Retiral Benefits Paid To Employee On Erroneous Fixation Of Pay Scale : Calcutta High Court

Live Law  

A division bench of the Calcutta High Court comprising of Justice Harish Tandon & Justice Prasenjit Biswas held that the employer cannot deduct or adjust the excess amount paid to the employee on erroneous fixation of pay scale from the retiral benefits. was relied upon by the court wherein the Supreme Court held that any amount paid to the employee …

GST Department's Effective Adjudication Of Matter Cannot Be Scuttled By Seeking Writ Remedy: Calcutta High Court
2 months, 3 weeks ago

GST Department's Effective Adjudication Of Matter Cannot Be Scuttled By Seeking Writ Remedy: Calcutta High Court

Live Law  

While reiterating that it shall not interfere in matters requiring fact-finding and adjudication, which fall squarely within the statutory domain, the Calcutta High Court advised the manufacturer/ supplier to exhaust the statutory remedies provided under the CGST Act, 2017 including submitting a detailed response to the SCN. “The statutory framework under the CGST Act provides adequate mechanisms for addressing the …

GST Department's Effective Adjudication Of Matter Cannot Be Scuttled By Seeking Writ Remedy: Calcutta High Court
2 months, 3 weeks ago

GST Department's Effective Adjudication Of Matter Cannot Be Scuttled By Seeking Writ Remedy: Calcutta High Court

Live Law  

While reiterating that it shall not interfere in matters requiring fact-finding and adjudication, which fall squarely within the statutory domain, the Calcutta High Court advised the manufacturer/ supplier to exhaust the statutory remedies provided under the CGST Act, 2017 including submitting a detailed response to the SCN. “The statutory framework under the CGST Act provides adequate mechanisms for addressing the …

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
2 months, 3 weeks ago

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials

Live Law  

The Allahabad High Court, on Friday, quashed the criminal proceedings initiated by the borrower, Shipra Group, and the Enforcement Directorate against the Indiabulls Group and its officials as arbitral proceedings pursuant to the loan agreements are already underway, a fact which was suppressed by the informant. Observing that the informant had hidden the various proceedings instituted by him in different …

Allahabad high court holds UP special secretary in contempt, detains officer in court
2 months, 3 weeks ago

Allahabad high court holds UP special secretary in contempt, detains officer in court

Hindustan Times  

Taking serious note of disobedience of a court order, the Allahabad high court held Rajnish Chandra, special secretary, department of social welfare, UP, guilty of contempt of court and had sentenced him to detention in the court till the rising of court. The Allahabad high court in Prayagraj Besides, the court in its order dated December 20 imposed a fine …

State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court
3 months, 1 week ago

State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court

Live Law  

The division bench in the Calcutta High Court, comprising Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta held that the state is not entitled to recover excess amount paid to a retired officer if that amount was paid to the employee due to mistake on the state's part. Despite this the petitioner's higher pay salary was not adjusted with his …

State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court
3 months, 1 week ago

State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court

Live Law  

The division bench in the Calcutta High Court, comprising Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta held that the state is not entitled to recover excess amount paid to a retired officer if that amount was paid to the employee due to mistake on the state's part. Despite this the petitioner's higher pay salary was not adjusted with his …

Calcutta High Court Directs Payment Of Over ₹8 Lakhs To Kin Of Man Who Died After Falling From Moving Train 23 Yrs Ago
3 months, 2 weeks ago

Calcutta High Court Directs Payment Of Over ₹8 Lakhs To Kin Of Man Who Died After Falling From Moving Train 23 Yrs Ago

Live Law  

The Calcutta High Court has overturned the order of the railway tribunal and directed the payment of Rs 8 lakhs along with interest, to the kin of a man who died after falling from a moving train in 2001.Justice Shampa Paul held: The original ticket produced and the number of the ticket being the same as the number given in …

Calcutta High Court Injuncts State Govt, WBIDC From Disposing Of Property In KMC Area Over Essex Arbitral Award Case
3 months, 3 weeks ago

Calcutta High Court Injuncts State Govt, WBIDC From Disposing Of Property In KMC Area Over Essex Arbitral Award Case

Live Law  

The Calcutta High Court bench of Justice Shampa Sarkar has injuncted the West Bengal Government and WBIDC from disposing of subject matter of the Award in the execution petition filed by the award-holder in Essex case. Per contra, the respondents submitted that similar point was raised in the proceedings under Section 36 of the Act and also in the special …

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
4 months, 1 week ago

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

Live Law  

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge. A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order. On …

Bombay High Court backs railway in wage dispute, affirms arbitrator’s decision
4 months, 1 week ago

Bombay High Court backs railway in wage dispute, affirms arbitrator’s decision

Hindustan Times  

MUMBAI: The Bombay High Court on Tuesday upheld an arbitration ruling in favour of the Central Railway, dismissing a claim by a contractor seeking compensation for increasing wages after a government-mandated minimum wage hike. Bombay High Court backs railway in wage dispute, affirms arbitrator’s decision The contractor had argued that the arbitration ruling was invalid as the arbitrator, as a …

Complainant Ordered to Compensate Man Wrongly Jailed for 6 Months
5 months ago

Complainant Ordered to Compensate Man Wrongly Jailed for 6 Months

Live Law  

The Bombay High Court has ordered a man to pay Rs 4.2 lakhs to compensate him for being wrongfully jailed for six months. The court noted that it is most painful to stay in overcrowded jails in India and that the condition of the jail and inmates is miserable. The court also observed that the complainant's false statement in the …

Reinstated civil judge entitled to full salary, rules SC
6 months ago

Reinstated civil judge entitled to full salary, rules SC

New Indian Express  

NEW DELHI: The Supreme Court has directed for payment of full salary to a civil judge removed for allegedly having an illicit relationship with a woman judicial officer. A bench of Justices Vikram Nath and Prasanna Bhalachandra Varale said on Wednesday that when judgment of the Punjab and Haryana High Court dismissing the writ petition challenging the termination has been …

West Bengal school jobs row: SC to hear pleas challenging Calcutta HC verdict on September 24
6 months, 1 week ago

West Bengal school jobs row: SC to hear pleas challenging Calcutta HC verdict on September 24

The Hindu  

The Supreme Court on Tuesday said it would hear on September 24 the pleas of the West Bengal government and others challenging a Calcutta High Court order that invalidated the appointment of 25,753 teachers and non-teaching staff in state government and aided schools. The top court on May 7 granted a major relief to teachers and non-teaching staff of West …

Bombay HC orders petitioner to deposit ₹7.5 lakh in graft case against bureaucrats
7 months, 1 week ago

Bombay HC orders petitioner to deposit ₹7.5 lakh in graft case against bureaucrats

Hindustan Times  

Bombay high court Mumbai: The Bombay High Court has directed a petitioner to deposit ₹7.5 lakh within 60 days or face dismissal of his case, whilst hearing a Public Interest Litigation on corruption charges against nine bureaucrats. The court expressed scepticism about the petitioner's intentions, stating, "We are of the view that the petitioner is interested only in initiating cases …

Dismissal Of First Execution Application On Default Ground Does Not Bar Fresh Petition: Calcutta High Court
7 months, 3 weeks ago

Dismissal Of First Execution Application On Default Ground Does Not Bar Fresh Petition: Calcutta High Court

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held mere dismissal of the first execution application on the ground of default does not prevent the award-holder/decree-holder from filing a fresh execution petition. The High Court held that the provisions of Rules 105 and 106 of Order 21 of the Code of Civil Procedure do not preclude the award-holder/decree-holder …

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream
8 months, 2 weeks ago

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream

Live Law  

The Calcutta High Court has ordered the release of a man who was arrested for making allegedly untoward and 'defamatory' comments against certain government functionaries during a Facebook live stream of an administrative meeting held by Chief Minister Mamata Banerjee.A single bench of Justice Amrita Sinha directed the release of the accused upon holding that the police's actions in arresting. …

Labour & Service Weekly Roundup: 03rd June 2024 To 09th June 2024
9 months, 1 week ago

Labour & Service Weekly Roundup: 03rd June 2024 To 09th June 2024

Live Law  

Delhi High Court Not Allowing Representation By A Defence Assistant Is Violative Of Principles Of Natural Justice: Delhi High Court Case Name- Delhi Transport Corporation Vs Ram Avatar Sharma A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Delhi Transport Corporation Vs Ram Avatar Sharma has held that a person …

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates
10 months, 2 weeks ago

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates

Live Law  

A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall …

Bengal School Recruitment Scam Case: Calcutta High Court To Deliver Verdict On Monday
11 months ago

Bengal School Recruitment Scam Case: Calcutta High Court To Deliver Verdict On Monday

ABP News  

Kolkata, Apr 20 The Calcutta High Court will on Monday pronounce its judgement on petitions and appeals relating to alleged irregularities in the selection of candidates in West Bengal government- The CBI, which investigated the case on an order of the high court, arrested former state education minister Partha Chatterjee and some functionaries who held positions in the West Bengal …

Arbitration Act | When Parties Engage In Constant Communication, Unjust To Dismiss Claim Solely On Grounds Of Being Time-Barred: Calcutta High Court
11 months, 2 weeks ago

Arbitration Act | When Parties Engage In Constant Communication, Unjust To Dismiss Claim Solely On Grounds Of Being Time-Barred: Calcutta High Court

Live Law  

The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that it would be an unnatural construction of Section 11 of the Arbitration and Conciliation Act, 1996 where a party with a bona fide and a genuine claim is left in the lurch on the defence of the claim being barred by limitation. Brief Facts: The Petitioner approached the …

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case
1 year, 4 months ago

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case

Live Law  

The Gujarat High Court refused to exonerate former IAS officer Pradeep Nirankarnath Sharma in a land allotment case, asserting that a prima facie offence existed against him, the trial was in progress with the presentation of evidence, and therefore, it was not appropriate to intervene in the lower courts' orders. The Revisional Court partially granted his appeal, discharging him from …

Calcutta High Court shields Abhishek Banerjee from arrest in teacher job scam
1 year, 5 months ago

Calcutta High Court shields Abhishek Banerjee from arrest in teacher job scam

India Today  

In a big relief for Trinamool Congress MP Abhishek Banerjee, the Calcutta High Court shielded Banerjee from Enforcement Directorate action in the West Bengal teachers’ recruitment scam. The Calcutta High Court, in an order, told the ED that no strong action can be taken against Abhishek Banerjee. The single bench of Justice Tirthankar Ghosh issued an order stating that no …

Calcutta HC Stays Order For Formation Of “High-Level Enquiry Committee” To Probe Collusion Among Railway Officials In Obtaining Arbitral Award
1 year, 5 months ago

Calcutta HC Stays Order For Formation Of “High-Level Enquiry Committee” To Probe Collusion Among Railway Officials In Obtaining Arbitral Award

Live Law  

The Calcutta High Court has partially stayed an order of a single-bench which directed the formation of a “multi-member high level enquiry committee” to look into and furnish a report on alleged collusion between railway officials in obtaining an arbitral award in favour of the South-Eastern Railways. A division-bench of Justice IP Mukherji and Justice Biswaroop Chowdhury held that while …

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination
1 year, 5 months ago

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination

Live Law  

The Calcutta High Court has refused to quash criminal proceedings against a Branch Manager of Standard Chartered bank who had been accused u/s 506 and 509 of the IPC for allegedly threatening an employee who had approached the Labour forum against illegal termination of service. Complainant submitted that the petitioner had threatened her to withdraw her case before the labour …

Calcutta High Court Denies Relief To Bank Manager Demoted For ‘Undue Favours’ To Borrowers, Applies Wednesbury Test Of Reasonableness
1 year, 6 months ago

Calcutta High Court Denies Relief To Bank Manager Demoted For ‘Undue Favours’ To Borrowers, Applies Wednesbury Test Of Reasonableness

Live Law  

The Calcutta High Court has recently dismissed a writ petition filed by a former Branch Manager for Bangiya Gramin Vikash Bank, challenging his demotion arising out of a punishment order passed upon him for unauthorisedly refinancing certain loan accounts, and failing to check the ‘end-use’ of loans obtained under the PM Employment Generation Programme Scheme. Bank’s Enquiry officer had found …

Employee’s Transfer Based On Organisation’s Policy Does Not Amount To Criminal Intimidation/ Conspiracy Under IPC: Calcutta High Court
1 year, 7 months ago

Employee’s Transfer Based On Organisation’s Policy Does Not Amount To Criminal Intimidation/ Conspiracy Under IPC: Calcutta High Court

Live Law  

The Calcutta High Court on Thursday quashed criminal proceedings initiated against the Human Resources Manager of IDBI Bank, by an employee/opposite party No 2, against whom a female co-worker had earlier filed a complaint for sexual harassment at the workplace. Counsel for the petitioner contended that the Magistrate’s order taking cognizance and issuing summons against the petitioner was bad in …

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court
1 year, 7 months ago

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court recently dismissed an application filed by M/S Gammon Engineers and Contractors Private Limited u/s 11, 14 and 15 of the Arbitration and Conciliation Act, 1996, for removal of arbitrator while challenging their unilateral appointment. Therefore, the bar under Section 42 would lie and all applications to be made to a ‘court’ must be made to the …

Calcutta court penalizes top Andaman-Nicobar officials for filing no affidavits
1 year, 7 months ago

Calcutta court penalizes top Andaman-Nicobar officials for filing no affidavits

India Today  

The Circuit bench of the Calcutta High Court in Port Blair took stern action against the Chief Secretary and Lieutenant Governor of Andaman and Nicobar Islands for their failure to file any affidavits. In an unprecedented move, the contemnors have neglected to file any affidavit, which the high court said is highly objectionable. This conduct is ex facie contumacious and …

Calcutta High Court Quashes Trespass Charges Against Bank's Debt Manager, Says Visit To Defaulter's House Was In Due Course Of Official Duty
1 year, 8 months ago

Calcutta High Court Quashes Trespass Charges Against Bank's Debt Manager, Says Visit To Defaulter's House Was In Due Course Of Official Duty

Live Law  

The Calcutta High Court recently quashed the criminal proceedings for trespass and intimidation initiated against ICICI Bank's debt manager who had visited the house of a credit card holder in connection with pending dues. A single-judge bench of Justice Shampa Dutt held, “The petitioner being the Debt Manager of the bank's separate wing, with appropriate training as per RBI guidelines …

To Claim Backwages, Initial Burden Is On Employee To Establish That He Was Not Gainfully Employed During Period Of Dismissal : Supreme Court
1 year, 8 months ago

To Claim Backwages, Initial Burden Is On Employee To Establish That He Was Not Gainfully Employed During Period Of Dismissal : Supreme Court

Live Law  

The Supreme Court on Wednesday ordered the Delhi Transport Corporation to pay Rs. 3 lakhs in lieu of back wages to a conductor who was terminated from service and later on reinstated by the order of the Labour Court on the ground that the appellant discharged the burden by establishing that he was unemployed for thirteen months after termination. However, …

Supreme Court Issues Notice On TMC MP Abhishek Banerjee's Plea Against Calcutta HC Allowing CBI-ED Probe Against Him In Teacher Recruitment Scam
1 year, 9 months ago

Supreme Court Issues Notice On TMC MP Abhishek Banerjee's Plea Against Calcutta HC Allowing CBI-ED Probe Against Him In Teacher Recruitment Scam

Live Law  

The Supreme Court on Friday issued notice on a special leave petition filed by Trinamool Congress leader leader and MP Abhishek Banerjee against Calcutta High Court's order dismissing his plea to recall an order passed by Justice Abhijit Gangopadhyay which allowed the CBI and ED to interrogate him in the West Bengal School Job Scam case. Senior Advocate Dr.Abhishek Manu …

Calcutta high court declines to recall order on Abhishek Banerjee for now
1 year, 10 months ago

Calcutta high court declines to recall order on Abhishek Banerjee for now

Hindustan Times  

KOLKATA: The Calcutta high court on Friday declined to recall or pause the single judge’s order that allowed the Central Bureau of Investigation and Enforcement Directorate to question TMC general secretary Abhishek Banerjee in the school recruitment case. Abhishek Banerjee moved two applications seeking recall of the April 13 order in which justice Abhijit Gangopadhyay suggested that ED and CBI …

Inability To Pay Portion Of Owed Money Can’t Lead To Criminal Prosecution Unless Fraudulent Intention Shown Right From Beginning: Calcutta High Court
1 year, 10 months ago

Inability To Pay Portion Of Owed Money Can’t Lead To Criminal Prosecution Unless Fraudulent Intention Shown Right From Beginning: Calcutta High Court

Live Law  

The Calcutta High Court on Monday quashed the criminal proceedings under Sections 484, 406 and 34 of IPC against a businessman who had allegedly refused to pay a portion of the price of goods purchased by him, on the ground that the accused did not have any fraudulent or dishonest intention right from the beginning of the transaction. The single …

Calcutta High Court Orders State To Pay Rs 7 Lakh Compensation To Trafficking And Rape Victim
1 year, 10 months ago

Calcutta High Court Orders State To Pay Rs 7 Lakh Compensation To Trafficking And Rape Victim

Live Law  

The Calcutta High Court recently directed the West Bengal government to pay a compensation of Rs. The counsel appearing for the SLSA and DLSA submitted that the Scheme of NALSA and the amounts recommended under the Scheme are not made available to the SLSA or the State Government and hence theh cannot award compensation in accordance with the NALSA Scheme. …

Calcutta High Court Imposes ₹80K Cost On West Bengal Officials For Demolishing Alleged Encroachment Without Following Procedure
1 year, 10 months ago

Calcutta High Court Imposes ₹80K Cost On West Bengal Officials For Demolishing Alleged Encroachment Without Following Procedure

Live Law  

The Calcutta High Court on Thursday imposed a cost of Rs. 80,000 on State authorities for demolishing a private structure without complying with the statutory provisions of the West Bengal Public Land Act, 1962 and disregarding the pending judicial proceeding before the High Court. The single judge bench of Justice Moushumi Bhattacharya said: “The action of the State authorities in …

Calcutta High Court Criticizes The Approach Of Finance And Banking Companies Unilaterally Appointing The Arbitrator; Refuses To Enforce ‘Unilateral Appointment Award’
2 years ago

Calcutta High Court Criticizes The Approach Of Finance And Banking Companies Unilaterally Appointing The Arbitrator; Refuses To Enforce ‘Unilateral Appointment Award’

Live Law  

The High Court of Calcutta has deprecated the practice of banking and financial institutions unilaterally appointing the arbitrator. It held that executing court also has the power to declare an ‘unilateral appointment award’ non-est in law, declare it to be a nullity and direct the parties to re-agitate their dispute before an independent and impartial arbitral tribunal. It relied on …

Madras High Court Bench imposes costs of ₹10 lakh on couple for attempting to grab property of SC person in Tirunelveli
2 years, 2 months ago

Madras High Court Bench imposes costs of ₹10 lakh on couple for attempting to grab property of SC person in Tirunelveli

The Hindu  

The Madurai Bench of Madras High Court has imposed exemplary costs of ₹10 lakh on a married couple for attempting to grab an immovable property owned by a person belonging to a Scheduled Caste. Justice Sathi Kumar Sukumara Kurup directed a sessions court in Tirunelveli to collect the amount of costs imposed on the couple, Shanmuganathan and Shanthi, and pay …

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]
2 years, 2 months ago

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. NEET-PG| Service In Specialized Units Doesn't Amount To Serving In Rural/ Difficult Area To Qualify For 40% In-Service Quota Case Title: Tania Mukherjee & Ors v. State of West Bengal & Ors Case Citation: 2022 LiveLaw 36 The Calcutta High Court observed that service …

Criminal Proceedings Cannot Be Initiated For Recovery Of Amount Due Under The Arbitration Award: Calcutta High Court
2 years, 3 months ago

Criminal Proceedings Cannot Be Initiated For Recovery Of Amount Due Under The Arbitration Award: Calcutta High Court

Live Law  

The Calcutta High Court has held that criminal proceedings cannot be initiated for recovery of amount due under an arbitration award. The bench of Justice Tirthankar Ghosh held that a party aggrieved by non-payment of amount due under a post award settlement agreement should not resort to filing a criminal case by giving a civil dispute criminal colour as the …

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