Calcutta High Court Takes Suo Motu Cognisance Of Matters Concerning Prisoners With Mental Illness And Mental Disabilities In Bengal

The Calcutta High Court bench of bench of Justices Joymalya Bagchi and Gaurang Kanth is currently hearing a matter on the state of mental health care and treatment facilities and services in prisons in West Bengal, and the condition of prisoners with mental illness and disabilities including prisoners found unfit to stand trial. The hearings in The Court on its Own Motion: In re: UTP Dipak...

Bring West Bengal AIIMS At Par With AIIMS Delhi: Calcutta High Court Tells Centre Over Lack Of Post-Mortem Facilities

The Calcutta High Court on Tuesday commented that the All India Institute of Medical Sciences (AIIMS) in Kalyani, West Bengal, should be brought up to the standard of the AIIMS in Delhi or Rishikesh.A single bench of Justice Tirthankar Ghosh made these observations while hearing a plea wherein he had directed the post-mortem of a minor girl who was raped and murdered in Bengal's Jaynagar area,...

Calcutta High Court Calls For Affidavits From Centre, State In Plea Over Payment Of Unemployment Allowance To MGNREGA Workers, Resumption Of Work

The Calcutta High Court has called for a response from the State and Central governments over a tiff in the release of funds, which led to the non-payment of several daily-wage labourers under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in West Bengal.A division bench of Chief Justice TS Sivagnanam and Justice Bivas Pattanayak was hearing a plea by the Paschim Banga...

S.107 CGST Act | Appellate Authority Cannot Suo Moto Enhance Tax Liability: Calcutta HC

The Calcutta High Court recently set aside an order of the GST Appellate Authority, suo motu enhancing tax liability on an assessee, without following the procedure under Section 107(11) of the CGST/ WBGST Act.Section 107 of the Act prescribes procedure for filing and adjudication of appeals by the Appellate Authority. Sub-section 11 thereof stipulates that the Appellate Authority can...

Calcutta High Court Stays Eviction Order Against 'Adivasi' Families For Alleged Encroachment On Highway Land

The Calcutta High Court has imposed a status quo against the removal of Adivasi families who were allegedly encroaching on Highway land. The order was passed by Justice Aniruddha Roy.The petitioners challenged an order dated September 10, 2024, issued by the district magistrate (appellate authority) upholding the eviction order passed by the subdivisional magistrate against Adivasi families...

Calcutta High Court Declines To Stay Shifting Of NCLT Premises, Says Lawyer's Inconvenience No Grounds To Interfere With Policy Decision

The Calcutta High Court has declined to interfere in the proposed shift of the National Company Law Tribunal (NCLT) premises to Rajarhat, Kolkata, on the grounds raised by several advocates that it would be difficult for them to commute to the new location which was in the outskirts of the city.A single bench of Justice Shampa Sarkar held:It would not be proper for this Court to stay...

Non-Payment Of Outstanding Dues Towards Salary Or Performance Bonus By Employer Does Not Amount To Criminal Breach Of Trust: Calcutta HC

The Calcutta High Court has recently held that non-payment of outstanding dues towards Outstanding Salary or Performance Bonus by a company does not amount to a Criminal breach of trust.A single bench of Justice Ajay Kumar Gupta relied on the Supreme Court case of Binod Kumar and others vs. State of Bihar and Another, and held: "From the aforesaid observation of the Hon'ble Supreme Court, it...

Calcutta High Court Calls For State's Response On Plea Seeking FIR Against Former CP Vineet Goyal For Revealing RG Kar Victim's Name To Media

The Calcutta High Court on Monday called for a response from the State government on a plea seeking the resignation of former police commissioner Vineet Goyal for revealing the name of the RG Kar hospital rape-murder victim to the media.A division bench presided over by Chief Justice TS Sivagnanam also sought responses from the former police commissioner, as well as the appropriate authority...

Calcutta High Court Directs Post-Mortem At AIIMS Hospital For Child Rape Victim, Orders Inclusion Of POCSO Charges

The Calcutta High Court has ordered an autopsy of a nine-year-old child rape-murder victim to take place at AIIMS Hospital, in Kalyani, West Bengal. The child was allegedly raped and murdered in Bengal's Jayanagar area.A single bench of Justice Tirthankar Ghosh also directed that charges under the Protection of Children Against Sexual Offences (POCSO) Act, be added against the accused.The...

Calcutta High Court Monthly Digest: September 2024

NOMINAL INDEXMarg Limited Vs Srei Equipment Finance Limited And Connected Matters Citation: 2024 LiveLaw (Cal) 203 Case Title: Kakali Khasnobis Vs Mrs Reeta Paul And Anr. Citation: 2024 LiveLaw (Cal) 204 Bengal Shelter Housing Development Limited Vs The Kolkata Municipal Corporation Citation: 2024 LiveLaw (Cal) 205Ranajit Guha Roy and Anr. vs Sankar Kumar Halder Citation: 2024 LiveLaw...

Calcutta High Court Orders Enquiry Against Police Officers Accused Of Tampering Evidence In Sexual Assault Case

The Calcutta High Court has ordered an enquiry against several police officers who have been accused of tampering with evidence related to a case of sexual assault. The Court also cancelled the bail granted to the accused by the trial court due to the lapses in the police investigation.A single bench of Justice Rajasrhi Bharadwaj while dealing with the lapses on the part of the...

High Court Declines Urgent Hearing For Plea Challenging Fresh Strike Called By Junior Doctors In West Bengal

The Calcutta High Court has declined an urgent hearing for a plea challenging a fresh strike called by junior doctors in West Bengal in response to the brutal incident of rape and murder of a resident doctor at RG Kar hospital. Junior doctors across the state had initially protested against the incident, demanding safety at the workplace and accountability of those running the institutions....