Calcutta High Court Weekly Round-Up: November 4th To November, 10th, 2024

NOMINAL INDEXSMT SONIA DHIR AND ANR. VS PRESTAR INFRASTRUCTURE PROJECTS LIMITED Citation: 2024 LiveLaw (Cal) 229ASHUNATH BHATTACHARJEE VS STATE OF WEST BENGAL Citation: 2024 LiveLaw (Cal) 230STATE OF WEST BENGAL AND ORS VS REBEKA KHATUN MOLLA ALIAS REBEKA MOLLA AND ORS Citation: 2024 LiveLaw (Cal) 231Gautam Ray Vs. State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 232Bally...

Calcutta High Court Allows Protest March Against Alleged Atrocities Faced By Hindus In Bangladesh

The Calcutta High Court has allowed a protest march against the alleged atrocities faced by members of the Hindu community in ethnic violence which has broken out across Bangladesh.A single bench of Justice Tirthankar Ghosh allowed the protest, which is scheduled to lead up to the Bangladesh High Commission, when a delegation of a few members will be meeting the High Commissioner to...

Calcutta High Court Declines To Hear Former RG Kar Principal Sandip Ghosh's Plea For Bail, Directs Him To Approach Trial Court

The Calcutta High Court has declined to hear a plea for bail moved by former principal of RG Kar Medical College and Hospital Sandip Ghosh, who has been arrested by the CBI in connection with alleged financial irregularities at the college, as well as the rape and murder of a trainee doctor on the college campus.A single bench of Justice Tirthankar Ghosh directed Ghosh to approach the trial...

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. A single bench of Justice Ananya Bandopadhyay held:The relationship between the parties was indubitably consensual. The victim lady being an adult was aware of...

Brothel Customer Was Not Acting In Its Management: Calcutta High Court Quashes Immoral Trafficking Case Against Man

The Calcutta High Court has quashed a case against a man who was found in a "compromising position" at a brothel. Petitioner, was charged under the provisions of the Immoral Traffic (Prevention) Act 1956 (in short Act of 1956).In quashing the case, a single bench of Justice Ajoy Kumar Mukherjee held:From the record it appears that there is no material on record even after completion...

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The accused who was sitting inside the car with other men asked his daughter to stop and come inside the car. When she refused,...

Award In Which Vital Evidence Are Not Considered Can Be Set Aside On Grounds Of Patent Illegality U/S 34: Calcutta HC

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya affirmed that there cannot be any quarrel with the proposition that if there is a perversity in the award insofar as the non-consideration of vital evidence is concerned, the same tantamounts to violation of the fundamental policy of Indian Law as well as gives rise to a patent illegality, which is a sufficient ground...

Calcutta High Court Judges Committee Mulls Reducing Puja Vacation By One Week In 2025

A four-member committee of judges at the Calcutta High Court has proposed to reduce the court's puja vacations in 2025, by seven days, in order to address the huge backlog of cases existing at the High Court.According to reports, the committee comprising of Justices Harish Tandon, Soumen Sen, Joymalya Bagchi and Tapabrata Chakraborty, after meeting with the various lawyers' bodies, proposed...

Calcutta High Court Grants Bail To Man Imprisoned On Suspicion Of Being Associated With Banned Bangladeshi Terrorist Outfit

The Calcutta High Court has granted bail to a Bangladeshi national, who was arrested in 2016, on the suspicion of being associated with the banned terrorist organisation Jamaat-ul-Mujahideen Bangladesh (JMB).A division bench of Justices Joymalya Bagchi and Gaurang Kanth allowed the bail application moved by Abdul Kalim alias Azad.It was stated that the petitioner was in custody for more...

"Children, Grandchildren All Have To Move Out Of State": Calcutta High Court On Plea Alleging Irregularities In B. Ed. Colleges

The Calcutta High Court expressed exasperation over the numerous allegations of irregularities in public appointments and college admissions in West Bengal. The court was dealing with a public interest litigation alleging irregularities in the admission process to B.Ed. colleges in the state.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay...

"Puja Committee Thinks They Are Bigger Than God": Calcutta HC On Plea Against Use Of Loudspeakers Near School For Specially-Abled Children

The Calcutta High Court on Friday observed that the use of loudspeakers and blocking of roads outside a specially-abled children's school for celebrating Jadadhatri puja, showed that the "puja committee thinks they are bigger than the deity itself."A division bench of CJ TS Sivagnanam and Justice Hiranmay Bhattacharya orally remarked:There is a school for specially-abled children. Your...

Calcutta High Court Quashes Case Against BJP Leader Kailash Vijayvargiya Over Allegedly Misleading Post On 'X'

The Calcutta High Court has quashed a case against BJP leader Kailash Vijayvargiya, accused under Sections 504/505(1)(b)/120B of the Indian Penal Code, 1860, for allegedly misleading posts regarding workers belonging to the ruling party posted on his X (Twitter) account.It was alleged by the State that Vijayvargiya had shared a fake video of women being assaulted on his X handle and claimed...