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Calcutta High Court opined that the Single Bench had appropriately safeguarded the interests of both parties by restraining termination pending the final outcome of the writ petitions.
Calcutta High Court emphasised on the importance of adhering to the standards set by the Supreme Court in selecting competent individuals for the Public Service Commission positions.
Calcutta High Court held that the respondent is entitled to continue performing duties under the temporary license until steps for cancellation of temporary license accordance with law is taken.
Calcutta High Court explicitly stated that if the appellant failed to comply with the court’s directive, the benefit of the order would not apply, and the appeal would be dismissed without further reference to the court.
The instant matter is related to appeal against the writ petition challenging the election of respondent 14 to the West Bengal Assembly in the 2021 elections, based on falsifying his educational qualifications.
The Calcutta High Court noted that while the Courts may intervene in matters of public interest, such as installation of electricity lines, the same is not warranted in the present case.
The West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019 provides for the minimum limit of compensation which is payable upon satisfaction of the contingencies provided in the scheme.
“Every Bengali is a born orator, born in a state rich in culture and heritage.”
Calcutta High Court held that the dismissal of the writ petition does not bar the appellant from pursuing these issues in the appellate process.
Calcutta High Court rejected the appellant’s argument, affirming that the time limit under Section 16(4) restricts the entitlement under Section 16(2).
Calcutta High Court found no violation of natural justice and emphasised that it cannot re-appreciate evidence in the exercise of judicial review.
“BHEL falls within the expression “other authority” and, therefore, “State” within the meaning of Article 12 of the Constitution of India. This writ petition is thus maintainable against BHEL.”
The definition of a “new industrial unit” does not require manufacturing new items; it applies when an existing unit sets up a branch in a different location.
Calcutta High Court emphasised on the principle of judicial restraint in interpreting tender documents and rejected claims of mala fides without specific pleadings.
In the instant matter, the Calcutta High Court delivered its final judgment, clarifying the rights of Mr. H.V. Lodha in the operating companies, bringing an end to this complex and protracted legal saga.
“Any misconduct on the part of the bank employee/ officer can be meted out with disciplinary action in accordance with the service rules and regulations.”
The Calcutta High Court held that the decision in the declaratory suit would not necessarily non-suit the plaintiff in the eviction suit as the matters in issue in the two suits are not directly and substantially same.
“Though the Constitutional Courts have the power to order fresh, de novo or reinvestigation but such directions have to be issued sparingly depending upon the facts of the case.”
As per West Bengal’s reservation policy, unreserved vacancies could be filled by meritorious reserved category candidates without adjusting them against reserved category vacancies.
The Calcutta High Court set aside the orders dated 17.10.2017 and the communication dated 28.11.2017 as the same is without jurisdiction, along with consequential steps taken by the West Bengal Housing Board.