Justice Aniruddha Roy Archives

Arbitrator cannot be impleaded in proceedings under S. 36(2) of A&C Act until prima facie case of fraud/corruption is established: Calcutta HC

The award debtor’s counsel contended that the bias is an element of fraud, and to adjudicate the allegations of fraud and/or bias, the member concerned of the arbitral tribunal is required to be impleaded in the proceedings under Section 34 and Section 36(2) of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

‘Can’t approach Writ Court to enforce Contract of personal service’; Calcutta High Court dismisses Writ Petition on Termination of Employment by Private School

Calcutta High Court held that a party can resort to the writ jurisdiction only if there involves public law element and not to enforce a contract of personal service, including all matters relating to the service of the employee-confirmation, suspension, transfer, termination, etc.

Case Briefs High Courts

Calcutta High Court directs State to grant ‘Pension Conversion Scheme’ benefits to retired teacher

While observing that petitioner submitted the option within the specified timeframe and returned the employer’s contribution in good faith, the Calcutta High Court found the petitioner to be a bona fide applicant.

Case Briefs High Courts

Calcutta High Court dismisses petitions seeking appointment as primary teachers due to document verification failure

Calcutta High Court held that the petitioners, having failed to satisfy the appointing authority, could not claim a right to appointment.