"PIL Not Genuine": Calcutta High Court Dismisses Plea Claiming Illegal Immigrants From Bangladesh Included In Indian Voters List

The Calcutta High Court has dismissed a PIL challenging the inclusion of certain alleged ‘illegal immigrants’ from Bangladesh, residing in Bagdah, North 24 parganas in Indian voters' list published by the Election Commission of India.In dismissing the PIL, a division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya held:“This is not a genuine PIL, because...

Recruitment Scam: Calcutta High Court Defers Verdict In MP Abhishek Banerjee's Quashing Plea After ED Raids Company Linked To Him

The Calcutta High Court has deferred its verdict in a 482 CrPC petition filed by Trinamool Congress MP Abhishek Banerjee for quashing the criminal cases registered against him in the Municipal and Teacher-Recruitment scam, wherein prospective candidates were offered government jobs in exchange for money. In taking on record Banerjee's submissions that the Enforcement Directorate...

Calcutta High Court Weekly Round-Up: August 28 To September 3, 2023

NOMINAL INDEXRakesh Sha vs The State of West Bengal 2023 LiveLaw (Cal) 240Avinaba Dutta & Another v State of West Bengal & Ors. 2023 LiveLaw (Cal) 241Satyendranath Halder And Ors Vs State Of West Bengal And Ors. 2023 LiveLaw (Cal) 242Suvendu Adhikari v State of West Bengal 2023 LiveLaw (Cal) 243Apurba Biswas & Ors. v. The State of West Bengal & Ors 2023 LiveLaw (Cal) 244Sri...

Being Courts Of Record, High Courts Can Invoke Article 215 To Correct And Review Their Own Orders: Calcutta High Court

The Calcutta High Court has recently held that, as a Court of record, a High Court can review and correct its own orders by invoking its jurisdiction under Article 215 of the Constitution.In upholding the maintainability of the present review application, a single-bench of Justice Moushumi Bhattacharya held:It is important to demarcate the source if invocation of the power of review and the...

Do Social Good To Countenance Your Acts: Calcutta High Court Utilises Contempt Jurisdiction To Order Plantation Of Trees

The Calcutta High Court has recently utilised its contempt jurisdiction to direct those in violation of the Court’s orders to contribute towards social and ecological good.In directing the contemnors to pay costs of Rs 25,000 each, to one Gram Samriddhi Foundation for utilisation in the furtherance of sustainable rural development and prosperity of villages in Bengal, as well as to plant...

'Mother's Evidence The Best Evidence In Such Cases': Calcutta High Court Upholds Man's Conviction For Committing ‘Unnatural Offences’ On 3-Yr-Old

The Calcutta High Court has dismissed the appeal of a man accused of committing unnatural offences (under Section 377 of the IPC) on his 3-year-old neighbour, upon the prosecution having established his guilt beyond a reasonable doubt. Justice Shampa Dutt (Paul) observed that the evidence rendered by the child’s mother would be the ‘best evidence’ in such cases."A mother’s evidence in...

Payment Of Interest On Cash Loan Falls Within The Ambit Of Unexplained Expenditure: Calcutta High Court

The Calcutta High Court has held that the payment of interest on a cash loan falls within the ambit of unexplained expenditure within the meaning of Section 69C of the Income Tax Act.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that it cannot be stated that the order passed under clause (d) of Section 148 is a non-speaking order, nor can the order...

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court

The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently held that cruelty contemplated u/s 498A would be different from general matrimonial disturbances faced by a couple, and that general allegations could not be made to establish a crime u/s 498A.In upholding the appellant’s conviction u/s 323 IPC for voluntarily causing hurt to his wife, while discharging him u/s 498A IPC,...

13-Year-Old Rape-Survivor’s Desertion By Parents Unfortunate, Duty Of Society At Large To Provide Adequate Care: Calcutta High Court

The Calcutta High Court has recently allowed a plea by a 13-year old rape survivor for medically terminating her 26-week pregnancy and issued directions on the Child Welfare Committee, Purba Mednipur (“CWC”) to provide her younger sibling, and herself with all necessary assistance since they had been deserted by their migrant labourer-parents.In allowing the minor’s plea, a single-bench...

Take Prompt & Necessary Action: Calcutta High Court Directs State To Initiate Proceedings Against Teacher-Recruitment Scam Beneficiaries

The Calcutta High Court recently directed the West Bengal Board of Primary Education to take appropriate steps against beneficiaries in the infamous Teacher-Recruitment scam, identified in a list produced by the Central Bureau of Investigation (“CBI”) and Enforcement Directorate (“ED”) upon earlier orders of the Court.In perusing the list of names produced by the CBI and ED,...

‘Highly Belated Petition’: Calcutta High Court Dismisses PIL For CBI Inquiry Into Alleged Misappropriation Of Tribal Land

The Calcutta High Court has recently dismissed a PIL challenging agreements through which land allotted to scheduled tribe communities had been allegedly “grabbed” for illegally constructing a housing complex in Bidhannagar.A division bench of Chief Justice T.S. Sivgananam and Justice Hiranmay Bhattacharya refused to allow the return of land and a CBI inquiry into their transfer, finding...

Pregnant Doctor Dies Due To Delayed Medical Attention: Calcutta High Court Orders WB Commission To Re-Examine Hospitals' Conduct

The Calcutta High Court on Wednesday directed the West Bengal Clinical Establishment Regulatory Commission (“Commission”) to re-adjudicate a case concerning the death of a pregnant doctor, who unfortunately passed away after being made to wait and thereafter being refused admission by various clinical establishments (“CEs”).The plea moved by one of the accused clinical...