Reserved Category Candidates Not Disentitled From Competing In General Category After Availing Relaxation In Age, Fees: Calcutta High Court

The Calcutta High Court on Wednesday held that candidates under ‘reserved categories’ could be considered for vacancies against ‘unreserved’ seats even if they had opted to avail for fees and age relaxations statutorily available to them, as members of reserved categories.A division bench of Justice Debangshu Basak and Justice Md Shabbar Rashidi while quashing an order of the...

Mere 4K Interim Maintenance To Wife, Two Daughters Not Reasonable: Calcutta High Court

The Calcutta High Court on Wednesday observed that an interim maintenance of Rs 4,000 per month, awarded by the magistrate in favour of a wife and her two daughters, would simply not be enough for their sustenance. A single-bench of Justice Shampa (Dutt) Paul was seized of a revision application against the order of a magistrate rejecting the wife/petitioners prayer for enhancement of...

S.202 CrPC | Magistrate's Order Showing Application Of Mind Not Bad For “Absence Of Magic Words” About Prima Facie Satisfaction: Calcutta HC

The Calcutta High Court has recently held that before the issuance of process, in cases where a Magistrate comes to a prima facie conclusion regarding the reasons for summons to be issued against the accused, and if the order shows compliance and application of mind vis-à-vis holding of inquiry under 202 CrPC, then such an order could not be set aside on technical grounds.A single-bench...

“Playing With Students’ Future”: Calcutta High Court Says FIR Must Be Registered Against School For Misrepresenting Affiliation To ICSE Board

The Calcutta High Court today hauled up the board and trustees of St Augustine’s Day School, Kolkata for allegedly misrepresenting itself as a school affiliated to the Council for Indian School Certificate Examinations (“ICSE”).A single-bench of Justice Biswajit Basu was hearing a plea filed by guardians of 76 students complaining that their wards, studying in class 10, had not...

'Kerosene Illuminates Homes Of Poor, Oil Companies Cannot Be Permitted To Fix Its Prices': Calcutta High Court Asks Govt To Step In

The Calcutta High Court has directed the Central Government to take a policy decision regarding the fixation of price of Kerosene oil, widely used for cooking, which was classified as an essential commodity under the Essential Commodities Act.The Court was hearing a plea filed in representative capacity by Bengal’s ration-card holders challenging the “soaring price of kerosene under...

Plea In Calcutta High Court Alleges Bengal Governor "Sitting" On Bill Replacing Him With CM As Chancellor Of State Universities

The Calcutta High Court on Tuesday called for affidavits from the Office of West Bengal Governor, Dr C.V. Ananda Bose, in a PIL challenging his alleged inaction in either assenting to or sending back to the House for reconsideration, the West Bengal Universities (Amendment) Bill 2022, which was passed by the State legislature in June 2022.Petitioners argued that the Governor has been...

Calcutta HC Halts Panchayat Sthayee Samiti Elections At Raninagar, Opposition Candidates Claim Ruling Dispensation Lodging False Criminal Cases

The Calcutta High Court has restrained the Subdivisional Officer (SDO) Domjur, from carrying on with the process of election of the members of the Sthayee Samity, Raniganagar-II Panchayat Samity, upon objections raised by thirteen members of the Panchayat Samiti. A single-bench of Justice Amrita Sinha took note of the petitioners claims that the “ruling dispensation had created an atmosphere...

'Unfortunate That State Has Forgotten Its Feminist Roots': Calcutta HC Directs Adherence To NALSA Guidelines For Compensation In Acid Attack Case

The Calcutta High Court recently allowed a plea for enhancement of compensation awarded to a minor girl, who was the victim of an acid attack in 2018.Justice Shekhar B Saraf directed the State to pay a further compensation of Rs 7.5 lakhs to the minor girl child, under the NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018 (NALSA guidelines), which...

Substitution Or Addition Of Parties Not Permissible Under Order VI Rule 17 Of CPC: Calcutta High Court

The Calcutta High Court has held that substitution of legal heirs of a deceased plaintiff as well as addition more plaintiffs in a suit, would not be permissible under Order VI Rule 17 of the Civil Procedure Code, 1908, (“CPC”).A single-bench of Justice Krishna Rao disposed of the application by allowing the prayer for amendment of pleadings by the plaintiffs and held:This Court finds...

Voluntarily Leaving Home With Accused Does Not Give Any Right To Invade Victim’s Privacy: Calcutta High Court Upholds Rape Conviction

The Calcutta High Court’s Circuit bench at Jalpaiguri has recently held that the actions of a girl in voluntarily leaving her home with the accused person did not give the accused any right to invade upon her privacy or commit sexual offences upon her. A single-bench of Justice Siddhartha Roy Chowdhury upheld the appellant’s Trial court conviction for rape under Section 376 IPC and held:If...

CBI Approaches Calcutta High Court Against Special Court Order For Joint-Probe Into Alleged Custodial Torture Of Recruitment Scam-Accused

The Central Bureau of Investigation (“CBI”) on Monday approached a single-bench of Justice Amrita Sinha of the Calcutta High Court, who is in seisin of and monitoring the ongoing probe in the cash-for-jobs recruitment scam wherein many high-ranking officials of the ruling State government are accused by the CBI & Directorate of Enforcement (“ED”).The central agencies have challenged...

Agreement Between Companies, Case Against Directors Cannot Survive Without Impleading Firm: Calcutta High Court Quashes Cheating Case

The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently quashed criminal cases against the MD and Director of Lanco Infratech Limited, who had been accused of inter alia cheating, by one of their industrial oxygen suppliers, who alleged that in the course of business, the accused had failed to return back empty cylinders, thereby misappropriating approx. Rs 38 lakhs worth of...