Calcutta High Court
No Prima Facie Case: Calcutta High Court Orders Release Of Sandeshkhali BJP Worker Who Was Accused Of Fabricating Evidence By Local BJP Leader In 'Sting Video'
The Calcutta High Court has ordered the release of local Sandeshkhali leader Mampi Das who was arrested by the police after allegations by BJP leader Gangadhar Kayal surfaced in a sting operation video, claiming that Das was crucial in threatening witnesses to give false evidence, and staging women's protests.Notably, the CBI is probing allegations of rape and land-grabbing committed against...
Calcutta High Court Stays FIR Against Former Judge & BJP Lok Sabha Candidate Abhijit Gangopadhyay; Cites SC Order In Arvind Kejriwal Case
The Calcutta High Court has extended interim relief to former judge and BJP Lok Sabha candidate Abhijit Gangopadhyay in an FIR registered against him for allegedly assaulting protesting teachers who had lost their jobs pursuant to a High Court order in West Bengal's Tamluk, while participating in a BJP rally.Earlier, Gangopadhyay's plea was placed before Justice Jay Sengupta who recused...
Retracted Statement Can't Be Said To Be Involuntary Without Being Examined By Court: Calcutta High Court
The Calcutta High Court has held that it is the duty cast upon the court to examine the correctness of the validity of the retraction, the point of time at which the retraction was made, whether the retraction was consistent, and whether it was merely a ruse. The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that if the tribunal was of the view that...
[Sandeshkhali] Calcutta High Court Declines Urgent Hearing For Plea Claiming That Rape Victims Were Forced To Withdraw Cases
The Calcutta High Court on Thursday declined an urgent hearing for a plea seeking the court's intervention into claims that victims of rape in Sandeshkhali were being threatened and forced to withdraw their complaints to the Central Bureau of Investigation (CBI).The court had earlier transferred the probe into the allegations of rape and land grabbing by former TMC strongman Shahjahan Sheikh...
Calcutta High Court Weekly Round-Up 6th May To 12th May, 2024
NOMINAL INDEXDr. Sima Banerjee Vs Dr. Barnali Chattopadhyay 2024 LiveLaw (Cal) 111Lokenath Construction Private Limited Versus Tax/Revenue Government Of West Bengal And Others 2024 LiveLaw (Cal) 112Dhansar Engineering Company Private Limited Vs Eastern Coalfields Limited 2024 LiveLaw (Cal) 113CSB Bank Ltd vs UOI & Anr. 2024 LiveLaw (Cal) 114Rama Prasad Sarkar v State of West Bengal &...
Calcutta High Court Restrains WB Police From Taking Coercive Action Against BJP IT Cell Head Amit Malviya Over Allegedly Communal Comments On Saraswati Puja
The Calcutta High Court has temporarily restrained the state police from taking any coercive action against BJP IT Cell Head Amit Malviya who had been implicated in a criminal case for allegedly inciting communal tensions.A single bench of Justice Jay Sengupta took note of the tweet posted by Malviya on 'X' formerly Twitter, which was alleged to have incited communal hatred by making uncalled...
Investment Made From Share Premium Without Any Noticeable Business Activity, Legitimacy Of Income Not Established: Calcutta High Court
The Calcutta High Court has held that the source of investments by those two companies is also the share capital and share premium raised by them while issuing their own shares to other closely held companies, and those companies had no noticeable business activities.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya, while upholding the ITAT's order, noted that...
Cooperative Bank Employees Not Covered Under Definition Of “Public Servant” As Per Section 21 Of IPC In Context Of Election Duties: Calcutta High Court
A single bench of the Calcutta High Court comprising of Justice Sabyasachi Bhattacharyya, while deciding Writ Petitions in the case of Malda District Central Cooperative Bank Employees Association and others vs. The Election Commission of India and others, held that Cooperative bank employees cannot be considered as “public servants” under Section 21 of the IPC when it comes...
Misconceived Section 9 & Section 11 Applications; Bar Should Take Necessary Steps, Spare Courts Of 'Unpleasant Duty': Calcutta High Court
The Calcutta High Court single bench of Justice Ravi Krishan Kapur held that it is for members of the Bar to introspect and take necessary steps and spare the Courts of the unpleasant duty. The decision came while reviewing applications presented before the Commercial Court and High Court, which were held to be beyond their jurisdiction. Specifically, the Commercial Court was held...
Evidence Of Prosecution Witness Being Inconsistent With Medical Evidence Is Most Fundamental Defect In Prosecution's Case: Calcutta High Court
The Calcutta High Court has recently held that if there is an inconsistency between the evidence of the witness for the prosecution and medical evidence, it would signify a fundamental defect in the case of the prosecution, which unless reasonably explained would discredit the entire prosecution case. A single bench of Justice Shampa (Dutt) Paul modified the sentence imposed on the accused...
Attempts By Arbitrator To Reach Settlement Cant Be Termed As 'Conciliation Proceeding' Under Part III: Calcutta High Court
The Calcutta High Court division bench of Justice I. P. Mukerji and Justice Biswaroop Chowdhury held that attempts made by the arbitrator to encourage the parties to reach a settlement cannot be termed as 'conciliation proceeding' under Part-III of the Arbitration and Conciliation Act, 1996. The bench held that conciliation is seen as an independent proceeding or an alternative...
Calcutta High Court Judge Recuses From Hearing BJP Lok Sabha Candidate & Former Judge Abhijit Gangopadhyay's Plea For Quashing FIR, Cites Personal Relations
On Tuesday, Calcutta High Court judge Justice Jay Sengupta recused from hearing a plea by former judge and BJP Lok Sabha Candidate Abhijit Gangopadhyay seeking to quash an FIR registered against him, accusing him of attempt to murder, for allegedly assaulting protesting teachers while participating in a BJP rally at Tamluk.Justice Sengupta recused from hearing the plea upon stating that he...