Calcutta High Court
Calcutta High Court Refuses To Quash Criminal Case Over Alleged Illegal Filling Of Ponds For University Project
The Calcutta High Court has dismissed a criminal revisional application seeking quashing of criminal proceedings relating to the alleged illegal filling up of water bodies and violation of land use laws in connection with a proposed university project at the Ramkrishna Vivekananda Mission campus. Justice Chaitali Chatterjee Das held that the allegations raised disputed questions of fact requiring detailed examination and could not be decided at the threshold under the Court's revisional or...
'Stale' Industrial Dispute Raised After 13 Years Cannot Be Revived: Calcutta High Court Dismisses Writ Against Refusal Of Reference
The Calcutta High Court has dismissed a writ petition challenging the refusal of the Central Government to refer an industrial dispute for adjudication, holding that an industrial dispute raised after an inordinate and unexplained delay cannot be revived merely on the strength of a failure report under Section 12(4) of the Industrial Disputes Act, 1947.Justice Ajay Kumar Gupta was hearing a challenge to the order dated 28 June 2019 passed by the Ministry of Labour and Employment, Government of...
Calcutta High Court Upholds Life Sentence In Double Murder-Dacoity Case
The Calcutta High Court bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi has dismissed three connected criminal appeals and upheld the conviction and sentence of the appellants for offences of dacoity with murder arising out of the brutal killing of two women at village Kandra, District Burdwan, on 1 October 2011. The appeals arose from a common judgment of conviction dated 26 April 2018 and order of sentence dated 30 April 2018 passed by the Additional Sessions Judge, Katwa, in...
Calcutta High Court Directs WB Police To Publish Written Test Marks & Category Details Of Constable Candidates Before Physical Exam
The Calcutta High Court has directed the West Bengal Police recruitment authorities to publish the marks obtained in the written examination along with the respective categories of candidates shortlisted for the Physical Measurement Test (PMT) and Physical Efficiency Test (PET) in the ongoing recruitment process for Constables. Justice Saugata Bhattacharya held that non-disclosure of these particulars undermines transparency and may unfairly deprive eligible candidates of participation in...
Allegations Of Theft, Public Humiliation Not Enough To Attract Abetment Of Suicide U/S 306 IPC: Calcutta High Court
The Calcutta High Court has set aside the conviction of multiple accused under Section 306/34 IPC, holding that the prosecution failed to establish the essential ingredients of abetment of suicide beyond a reasonable doubt.Justice Chaitali Chatterjee Das noted that although the deceased died by suicide, mere allegations of harassment or branding him a thief were insufficient to attract...
Calcutta High Court Acquits In-Laws In Alleged Dowry Death Case, Finds Child Witness Testimony Unreliable
The Calcutta High Court has set aside the conviction and life sentence imposed on the appellants in a case relating to the alleged burning death of a married woman, holding that the prosecution failed to establish their culpability beyond a reasonable doubt.The Division Bench of Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta found serious inconsistencies in the prosecution...
Calcutta High Court Upholds Life Sentence In Panchayat-Poll Eve Murder Case, Says Oral Dying Declaration Enough To Uphold Conviction
The Calcutta High Court has upheld the conviction and life sentence of two appellants for the murder of a villager shot inside his home on the eve of Panchayat elections, holding that a spontaneous oral dying declaration made by the victim immediately after being shot, and heard by his family members, constituted reliable and admissible evidence under Sections 6, 7 and 32 of the Indian...
Supplementary Chargesheet Filed Near Conclusion Of NDPS Trial Not Illegal If Based On Fresh Evidence: Calcutta High Court
The Calcutta High Court, bench of Justice Dr. Ajoy Kumar Mukherjee, has dismissed a criminal revision petition challenging the acceptance of a supplementary chargesheet filed at an advanced stage of trial in an NDPS case, holding that filing of a supplementary chargesheet under Section 173(8) CrPC is permissible where it is based on further investigation disclosing fresh material, even if...
'No Firecrackers Between 10PM To 6AM': Calcutta High Court Lays Down Guidelines For Shab-E-Barat Celebrations
The Calcutta High Court has laid down comprehensive guidelines for the bursting of firecrackers to mark the celebration of the festival of Shab-E-Barat.A division bench of Chief Justice Sujoy Paul and Partha Sarathi Sen held, "Subject to hearing the Pollution Control Board, we deem it proper to issue the following directions: (i) The Pollution Control Board and the police authorities shall...
Termination Order Of Probationer On Allegations Of Misconduct Is Punitive, Cannot Be Passed Without Enquiry: Calcutta High Court
A Division Bench of the Calcutta High Court, comprising Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee, has dismissed an appeal filed by the Board of Governors of the Ghani Khan Choudhury Institute of Engineering & Technology, upholding the order of a single Judge that quashed the termination of the Institute's Superintendent, Deb Halder, during his...
'Witnesses To Raid Denied Presence, Seizure Highly Doubtful': Calcutta High Court Acquits Man In 36-Yr-Old Arms Act Case
The Calcutta High Court has set aside the conviction of a man under the Arms Act in a 36-year-old case, holding that the prosecution failed to prove lawful recovery of arms after every independent seizure witness disowned the alleged raid, rendering the alleged recovery “highly doubtful” and the conviction legally unsustainable. Justice Prasenjit Biswas, allowing the appeal filed by...
Calcutta High Court Quashes 'Counterblast' FIR In Neighbourhood Dispute, Says S.354B IPC Not Applicable Against Women Accused
Holding that criminal law cannot be weaponised to settle personal scores in a residential dispute, the Calcutta High Court has quashed an FIR lodged by a woman against her neighbours — a mother and daughter — observing that the case appeared to be a “counterblast” to an earlier complaint and was riddled with delay, inconsistencies, and legal infirmities.Justice Chaitali Chatterjee...