Life Sentence Inadequate Only When Reform Impossible: Calcutta High Court Refuses Death Penalty For Minor's Rape & Murder Convictions

The Calcutta High Court has upheld the conviction of four persons under Section 302 and 376(2)(g) of the IPC, for the rape and murder of a minor girl in 2004.However, refusing to impose punishment of death penalty, a bench of Justices Joymalya Bagchi and Gaurang Kanth referred to Supreme Court’s decision in Bachan Singh’s case and held:It is true the appellants have perpetrated the...

Calcutta High Court Weekly Round-Up: September 4 To September 10, 2023

NOMINAL INDEXSarat Chatterjee and Co. (VSP) Private Limited v Sri Munisubrata Agri International Limited (Formerly known as LMJ International Ltd.) and Anr. 2023 LiveLaw (Cal) 259Birendra Nath Mondal Vs State Of West Bengal And Ors 2023 LiveLaw (Cal) 260Zainul Haque v State of WB & Ors 2023 LiveLaw (Cal) 261Abhijit Das Vs. State of West Bengal & Anr 2023 LiveLaw (Cal)...

Security Offered By An Award-Debtor For Stay Of Arbitral Award Must Be ‘Clean, Unblemished With Good Exchange Value’: Calcutta High Court

The Calcutta High Court has recently held that the security furnished by an award-debtor for stay of an arbitral award must be “clean, unblemished and with good exchange value.”Sarat Chatterjee & Co. (“applicants”) had argued that that an earlier division-bench judgement of 2015, had already secured 10,000 metric tonnes of Coke equating to more than the total security value of...

Denying Permission For Other Festivities On Ground Earmarked For Durga Puja Violates Article 14: Calcutta HC Paves Way For Ganesh Pujan

The Calcutta High Court on Friday directed the Asansol Durgapur Development Authority (“ADDA”) to grant permission to the petitioners to hold celebrations of Ganesh Puja between September 18-22 on a public ground, which was admittedly used for government functions and Durga Puja.In holding that denial to host Ganesh Puja, while allowing celebrations of Durga Puja on the same grounds...

Calcutta High Court Grants Interim Relief To School Secretary Booked Under PoSH Act For Calling Colleague 'Faltu'

The Calcutta High Court has granted interim relief to the Secretary of St. Stephens School, Dumdum, (“petitioner”) in a case involving his termination on the basis of a complaint made by a female colleague under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”), alleging that he referred to her as “faltu meye.”In directing...

Saradha Chit-Fund Scam: Calcutta High Court Permits TMC Leader Kunal Ghosh's Travel To Spain As Bengal Global Business Summit Delegate

The Calcutta High Court has recently allowed an application for relaxation of bail conditions moved by Trinamool Congress (TMC) leader and journalist Kunal Ghosh, an accused in the Saradha Chit-fund scam.Ghosh, who had been selected as a delegate in the Bengal Global Business Summit 2023, had prayed for the Court’s permission for foreign travel to Madrid and Barcelona, accompanying West...

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction

The Calcutta High Court recently dismissed an appeal filed by a husband (“appellant no 1”) and his brother (“appellant no 2”) who were convicted by the trial court under Section 498A and 304B of the IPC, for causing the ‘dowry death’ of the victim, who poisoned herself and her daughter in her matrimonial home.In upholding the duo’s conviction, a single-bench of Justice...

Wife’s Claim For Restoring Marital Rights Without Withdrawing ‘Vexatious Criminal Complaint’ Doesn't Mitigate Cruelty Suffered By Husband: Calcutta HC

The Calcutta High Court recently upheld a decree of divorce granted by the trial court in favour of a husband, who claimed divorce on the grounds of ‘cruelty’ suffered by him at the hands of his wife.In dismissing the appeal of the wife for restoration of marital rights, a division bench of Justice Rajasekhar Mantha and Justice Supratim Bhattacharya held:The FIR lodged by the...

Calcutta High Court Monthly Digest - August 2023

Citations: 2023 LiveLaw (Cal) 203 To 2023 LiveLaw (Cal) 255 NOMINAL INDEXNigrani Sansthan Vs State Of West Bengal And Ors. 2023 LiveLaw (Cal) 203The West Bengal Small Industries Development Corporation Limited WBSIDC Vs. Kaushalya Infrastructure Development Corporation Limited KIDCO 2023 LiveLaw (Cal) 204Sulekha Chatterjee & Anr. Union Of India & Ors 2023 LiveLaw (Cal) 205Susanta Ghosh...

Midnight Calls & Visits To Victims, Particularly Of Sexual Assault Violates Privacy, Dignity: Calcutta High Court Slams Lake Police Officers

In a suo moto motion, the Calcutta High Court has expressed severe condemnation over the conduct of police officers from the Lake Gardens and Narendrapur Police Station who were probing a case involving a gang rape victim.In reprimanding the police officers for making midnight calls and visits to the victim and in enlarging on bail someone who had attempted to influence her to drop the case,...

‘Fishing & Roving Inquiry’ On Plausible Defence Not Acceptable At Revisional Stage: Calcutta HC Refuses To Quash Abetment Of Suicide Case

The Calcutta High Court has refused to quash criminal proceedings against the petitioner, who along with 4 other accused, was charged with offence of abetment of suicide under Section 306 IPC, based on a complaint filed by the opposite party no 2, accusing them of causing “severe mental trauma” to her husband, leading to him taking his own life. In directing for the matter to proceed...

WhatsApp Messages By Daughter-In-Law After Lodging FIR Shows Relationship With In-Laws Was Normal: Calcutta High Court Quashes 498A Case

The Calcutta High Court has quashed criminal proceedings against the petitioners, who were accused by their daughter-in-law (“opposite party no 2”) of conspiring to beat her up on several occasions. Justice Shampa (Dutt) Paul noted that the daughter-in-law's claims were not supported by any medical evidence and that she was being treated for mental illnesses, due to which on several...