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...

Re-Fixation Of Salary Only Possible Under Existing Rules, No Vested Right Of Teacher To Claim Enhanced Pay For Being Overqualified: Calcutta HC Larger Bench

In a 187-page order, a larger bench of the Calcutta High Court comprising Justices Harish Tandon, Soumen Sen, and Kaushik Chanda have held that teachers in the State of West Bengal cannot seek re-fixation of salary due to having attained higher educational qualifications during the course of their employment, in absence of any rules for such re-fixation of salary.In deciding the reference...

Female Prisoners Getting Pregnant, 196 Babies Living In Custody: Plea In Calcutta HC Seeks Prohibition On Entry Of Male Employees In Female Prisoners' Enclosure

A plea has been moved in the Calcutta High Court by the amicus curiae of all prisons in West Bengal, flagging instances of female prisoners getting pregnant while in custody in the correctional homes of the state.The plea was mentioned before a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya.I have observed that women prisoners in custody are getting...

E-Way Bill Generated For Exporting Goods To Bangladesh Expired Due To Accident: Calcutta High Court Quashes 200% Penalty

The Calcutta High Court has quashed the 200% penalty and held that the e-way bill generated for exporting goods to Bangladesh expired due to an accident.The bench of Chief Justice T. S. Sivagnanam and Justice Supratim Bhattacharya has observed that unless and until it is established by the department that the transporter of the goods or the owner of the goods had an intention to contravene...

[Attack On ED In West Bengal] Calcutta HC Stays Order Forming SIT To Probe Incident Upon ED's Objection Over Involvement Of State Police Officials

The Calcutta High Court has stayed the order for formation of a Special Investigation Team (SIT) in an appeal by the Enforcement Directorate (ED) against the order of a single judge, which constituted an SIT comprising of State police & CBI officials to investigate the attacks which occurred on ED officers in Sandeshkhali, while they were en route to raid the residence of political...

Reasonable Measure To Avoid Chaos In Office Hours: HC Upholds Restriction On Non-Essential Heavy/Medium Goods Vehicles' Movement In Kolkata Between 6am-10pm

The Calcutta High Court has recently upheld the validity of a Traffic Notification that restricted the movements of Heavy Goods Vehicles and Medium Goods Vehicles have been restricted to ply from 6 am to 10 am on all days throughout the city of Kolkata except the Port area.The notification however, made certain exceptions for goods vehicles carrying essential and perishable items such as...

[Recruitment Scam] "May Not Get Hold Of Anything At Pace At Which Investigation Is Progressing": Calcutta HC Questions Progress Of ED Probe

The Calcutta High Court today questioned the pace at which the probe of the Directorate of Enforcement (ED) was progressing in the multi-tier recruitment cash-for-jobs scam. A single bench of Justice Amrita Sinha pointed out that the first writ petition seeking to inquire into the irregularities had been filed in 2019, and that almost five years later, there had not been any definitive...

After 250+ Lawyers Write To Calcutta High Court Chief Justice Flagging Conduct Towards AG, Justice Abhijit Gangopadhyay Tenders Apology

Justice Abhijit Gangopadhyay of the Calcutta High Court has tendered an unconditional apology to Advocate General Kishore Datta in his courtroom after the judge had been accused of showing a lack of courtesy, etiquette and decorum to the AG, in a letter written by more than 250 advocates addressed to Chief Justice TS Sivagnanam.The incident occurred when the AG attempted to inform...

Calcutta High Court Quashes Complaint Against Director As Prosecution Failed To Implead Company Importing Liquors Not For Sale

The Calcutta High Court has quashed the complaint against the director as the prosecution failed to implead the company importing liquors not for sale.The bench of Justice Shampa Dutt (Paul) has observed that the company has not been made an accused. The petitioner, a director of the company, has been made an accused. The place of seizure and the seized articles on which the case has...

ED Moves Calcutta High Court Seeking To Transfer Investigation In Cases Arising Out Of ₹10,000 Crore Ration Scam From State Police To CBI

The Enforcement Directorate has moved the Calcutta High Court seeking to transfer all cases involving the Rs 10,000 crore ration scam being investigated by the State police to the CBI.Notably, last month, while investigating the ration scam, officers of the ED were attacked when they were going to Sandeshkhali to raid the premises of local political leader Shahjahan Sheikh, who was one of...

No Evidence Of Contributory Negligence: Calcutta HC Directs Rs 40 Lakhs Additional Compensation For Family Of Man Who Fell From Bus & Died Due To Rash Driving

The Calcutta High Court has directed the insurance company to pay an additional compensation of Rs 40,08,687 at 6% per annum, to the relatives of a man who was killed after being thrown from the front gate of a bus he had boarded, due to the rash and negligent driving of the bus driver.In allowing the appeal against the order of the Motor Accidents Claim Tribunal ("MACT") which had awarded a...

Calcutta High Court Weekly Round-Up 29th January-4th February 2024

NOMINAL INDEXCommissioner Of Income Tax Versus Gopal Sharma 2024 LiveLaw (Cal) 29Commissioner Of Customs (Port), Kolkata Versus M/S. Dredging Corporation Of India Limited 2024 LiveLaw (Cal) 30Subham Roy Choudhury Vs The State of West Bengal & another.2024 LiveLaw (Cal) 31Paresh Chandra Ganguly (represented by LRs) v CBI 2024 LiveLaw (Cal) 32Nilanjan Mitra v The State of West Bengal &...