"Can't Restrict Journalism To Law Reporting": Calcutta HC Not Inclined To 'Gag' Media In Recruitment Scam Case Against Abhishek Banerjee

The Calcutta High Court today refused to pass orders on a plea moved by Rujira Banerjee, wife of TMC MP Abhishek Banerjee, an accused in the multi-tier recruitment scam in West Bengal being investigated by the CBI and ED, challenging media coverage of her husband’s trial, as creating prejudice and treating him as guilty sans an outcome.Senior Advocate Kishore Datta argued that the...

Calcutta High Court Upholds Constitutional Validity Of Explanation to Section 10AA(1) Inserted By Finance Act 2017

The Calcutta High Court has upheld the constitutional validity of the explanation to Section 10AA(1) of the Income Tax Act inserted by the Finance Act 2017.The bench of Justice Md. Nizamuddin has observed that the principle of legitimate expectation is not applicable to the case of the petitioner, and the explanation after Subsection (1) of Section 10AA of the Income Tax Act, 1961, inserted...

Review Of Judgement Cannot Be “Cloaked Appeal,” Must Be Within Contours Of Order 47 Rule 1 CPC : Calcutta High Court

The Calcutta High Court has recently dismissed a review petition while outlining the powers of review available to the High Court as a Court of record under Article 215 of the Constitution, and the circumscription of the same in view of Order 47 Rule 1 of the CPC, which outlines the grounds for review of a judgement.A single-bench of Justice Shekhar B Saraf held:An appeal cannot cloak...

Recruitment Scam: Calcutta High Court Asks ED To Scrutinise Documents Submitted By MP Abhishek Banerjee Before Summoning Him, Give 48 Hrs Notice

The Calcutta High Court has directed the Enforcement Directorate (“ED”) which is investigating the multi-tier recruitment scam in West Bengal, to first go through the documents submitted by accused MP Abhishek Banerjee and then summon him if necessary, after giving 48 hours’ notice.The Court further made it clear that the investigation be completed at the earliest, and in accordance...

Kamduni Gang-Rape & Murder | Calcutta HC Commutes Death Sentence Of Accused, Says Nature Of Injuries Not ‘Extensive & Brutal’

The Calcutta High Court has commuted the death sentence of some of those accused in the brutal gang-rape and murder of a 20-year-old girl in Kamduni, in June 2023. The Court further acquitted another accused who had also been sentenced to death by the trial court. A division-bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta held:Trial Court held the murder and rape was a...

Calcutta High Court Removes Law School Principal, Teacher Found Ineligible Under UGC Guidelines

The Calcutta High Court has removed the principal of Jogesh Chandra Chaudhuri Law College, affiliated to Calcutta University on the grounds that the incumbent did not possess the requisite qualifications to be eligible for the role, as mandated by the University Grants Commission (“UGC”). The principal’s office was sealed as well.A single-bench of Justice Abhijit Gangopadhyay held:Said...

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation

The Calcutta High Court has refused to grant bail to the petitioners, accused of gang-rape by the victim who alleged that she was attacked at the birthday party of one of the accused.Victim had alleged that she was forced to consume alcohol at the party, after which she found herself unconscious and with the petitioners forcing themselves upon her. Earlier, a division-bench of Justice...

Calcutta High Court Quashes Husband's Criminal Complaint, Says Wife Can’t Be Stopped From Residing With Visually Challenged Mother

The Calcutta High Court has quashed a criminal intimidation complaint lodged by a man against his wife, alleging that she drove him out of her parental home where they used to reside and also beat him up. The woman had been residing with her visually impaired mother which happens to be in proximity with her workplace. The Court weighed in factors like she is the sole bread winner and that...

Calcutta HC Invokes Writ Jurisdiction To Appoint Son As Guardian Of Comatose Father, Points Lacuna In Law But Protects Patient's Right To Life

The Calcutta High Court has appointed Vishal Osatwal as the guardian and legal representative of his father, Rajesh Kr Osatwal who had been in a prolonged comatose state, being incapable to participating in his day-to-day activities or communicating with other people. The petitioner had submitted that he had been taking care of his father for a prolonged period, and prayed to be recognised as...

Calcutta High Court Grants Relief To 76 Class X Students Admitted To De-Affiliated School, Allows Them To Write ICSE Board Exams

The Calcutta High Court has directed the Council for the Indian School Certificate Examinations (CISCE) to allow 76 Class X students of St Augustine’s Day School Calcutta to write their 2024 ICSE Class 10 board examination from any other Council affiliated-school. On an earlier occasion, single-bench of Justice Biswajit Basu had taken serious exception to the school’s actions of...

Aadhar Deactivation May Have De Facto Consequence Of Terminating Citizenship: Calcutta HC Grants Interim Relief To Suspect ‘Bangladeshi’ Family

The Calcutta High Court has extended interim relief to a woman and her family members whose Aadhar cards were suspended by the Ministry of Home Affairs on alleged grounds of them being ‘Bangladeshi Nationals.’In noting that the petitioners had made a strong prima facie case for the Court’s interference and that the Union authorities had not followed statutory process while depriving...

Court Exercising Powers Under Section 9 Of A&C Act Is Not Bound To Strictly Follow Provisions Of Order XXXVIII Rule 5 Of CPC: Calcutta High Court

The High Court of Calcutta has held that the Court exercising powers under Section 9 of the A&C Act is not strictly bound by the provisions of interim relief contained under Code of Civil Procedure, 1908. The bench of Justice Moushumi Bhattarcharya held that unlike O. XXXVIII R. 5 of CPC wherein the party seeking relief has to discharge the onus of showing that the other party...