Calcutta High Court
Calcutta High Court Commutes Life Sentence Of Border Security Force Constable Who Fired 20 Rounds Of Bullets Resulting In Civilian's Death
The Calcutta High Court in a plea under Article 226 of the Constitution has commuted the murder charges against a Border Security Force (BSF) soldier to attempt to murder, for the offense of firing 20 rounds of bullets, which resulted in the death of a civilian. A single bench of Justice Ajay Kumar Gupta commuted the charges under Sections 302 (murder) & 307 IPC (attempt to murder)...
Grossly Disappointed: Calcutta HC Takes Suo Moto Cognizance Of Reports On Alleged Sexual Harassment Of Women, Illegal Land Grabbing In Sandeshkhali
The Calcutta High Court on Tuesday took suo moto cognizance of newspaper reports on alleged sexual harassment of women living in Sandeshkhali, West Bengal, and tribal lands that had been forcibly taken over.A single bench of Justice Apurba Sinha Ray took cognizance of the matter, appointed an amicus curiae, and issued notice to the authorities. It said:I have been grossly disappointed after...
[S.53A CrPC] Filling Gaps Of Prosecution Case By Seeking DNA Profiling Of Accused After Completion Of Investigation Offends Article 21: Calcutta HC
The Calcutta High Court has held that filling up gaps in the prosecution case by invoking Section 53A (examination of person accused of rape by medical practitioner) of the Criminal Procedure Code (CrPC) would offend Article 21 of the Constitution.A single bench of Justice Moushumi Bhattacharya sitting at the High Court's Circuit Bench at Port Blair held:It is clear from the facts of the...
Arbitration And Conciliation Act Does Not Overlap West Bengal Public Land Act: Calcutta High Court
The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that there exists no conflict between the Arbitration and Conciliation Act, 1996, and the provisions of The West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962. It held that both statutes operate within distinct domains and do not overlap in their scope or application. Brief...
Splitting Of An Arbitral Award For Publication Is Unnatural And Unsupported By Law, Calcutta High Court Allows Extension Of Arbitrator's Mandate
The Calcutta High Court bench comprising Justice Moushumi Bhattacharya held that neither the Arbitration and Conciliation Act, 1996 nor the Insolvency and Bankruptcy Code, 2016 allows a party's request to halt the publication of an arbitral award to the extent of its reliance on another party's counter-clam. The bench noted that the notion of splitting an arbitral award for this purpose...
Sluggishness Intolerable: Calcutta High Court Slams CBI's Conduct For Failing To File Appeal Within Limitation Period
The Calcutta High Court has heavily criticized the conduct of the Central Bureau of Investigation (CBI) and its Director for failing to file an appeal within the statutory period of limitation.A single bench of Justice Bibhas Ranjan De, in a plea for condonation of delay in filing the special leave to appeal, allowed delayed filing in the interest of justice and held:I am astounded by the...
Rarest Of Rare Case: Calcutta High Court Directs Kendriya Vidyalaya To Regularise Admission Of Class 1 Student Suffering From Muscular Dystrophy
The Calcutta High Court has recently directed the Kendriya Vidyalaya, Ballygunge (KV) to regularise the admission of a class 1 student, who is suffering from muscular dystrophy and had been waitlisted since the 3% quota for admission as people with disabilities had been filled for the academic year.In taking note of the child's rare disability, which was also suffered by his elder brother who...
Calcutta HC Closes Contempt Case Against Doctors Who Terminated Pregnancy Without Court's Orders Upon Being Told Patient Went Into Pre-Term Labour
The Calcutta High Court has closed a contempt case against a group of government doctors who medically terminated the pregnancy of a minor rape survivor, without the leave of the Court, and only after the Court had asked for the formation of a medical board to ascertain the feasibility of termination of pregnancy.A single bench of Justice Sabyasachi Bhattacharya had called for an explanation...
At Late-Night Hearing, Calcutta High Court Takes Up Issue Of Non-Payment Of Provident Fund Dues To Jute Mill Workers, Directs ED To Investigate
The Calcutta High Court has held a late-night hearing on the issue of non-payment of provident fund (PF) dues to a bunch of jute mill workers by various jute companies such as Delta Mills, etc.A single bench of Justice Abhijit Gangopadhyay took up the matter.It was submitted by the petitioners' advocate that the dues were to the tune of an average of Rs 2.5 lakhs each for 10 workers, amounting...
Green Cover Essential For Every Citizen: Calcutta HC Takes Exception To Durga Puja Mandal Which Cut Tree Branches For Puja Pandal, Directs Plantation Of 50 Saplings
The Calcutta High Court on Thursday took exception to a Durga Puja Mandal for cutting branches of trees obstructing their puja pandal during Durga Puja festivities last year for construction of temporary structures and light posts.A division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya directed the Mandal to locate spots in and around Salt Lake, Kolkata, for...
Prevention Of Eve-Teasing: Calcutta High Court Directs State To File Report Detailing Steps Taken In Plea Seeking Implementation Of 2012 SC Guidelines
The Calcutta High Court has called for a report in the form of an affidavit from the State of West Bengal, detailing the steps taken in implementing guidelines to prevent eve-teasing, issued by the Supreme Court in the 2012 case of Deputy Inspector General of Police v S. Samuthiram (CA 8513/2012).The division-bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya also directed...
Calcutta High Court Calls For Affidavits From NIA, State Govt Over Issue Of Foreign-Made Firearm Seized In Kolkata
The Calcutta High Court has called for affidavits from the National Investigation Agency (NIA) and the State government in a plea highlighting the issue of a foreign-made revolver with a value of Rs 4,000 which had been seized by the Kolkata police upon a search on the premises of an individual who intended to sell the firearm in the city.Upon hearing the plea, a division bench of Chief...