Irregularities In Sanctioning Loan Needs Thorough Examination: Calcutta High Court Refuses To Quash Criminal Case Against Co-op Bank Executives

The Calcutta High Court has refused to quash criminal proceedings against the Vice Chairperson and Directors of the Tamluk Ghatak Co-operative Bank who are accused by the Deputy Registrar of Cooperative Societies, Burdwan, of inter alia cheating, criminal breach of trust, etc. during the sanctioning of a loan. In directing for the instant case to proceed towards trial, a single-bench of...

NDPS Act | Calcutta High Court Refuses To Quash Proceedings Against Ex-CPI(M) Leader Accused Of Smuggling 3400 Kgs Of ‘Poppy Seeds’

The Calcutta High Court has refused to quash criminal proceedings against former CPI(M) leader and alleged fake currency racketeer Mr. Asadullah Biswas, accused under the Narcotic Drugs & Psychotropic Substances Act, 1985 (“NDPS Act”) for allegedly storing and transporting 3400 kgs of poppy seeds, from a storage facility owned by him. The Bench comprising Justice Shampa (Dutt) Paul...

Mere GD Entry For Recording 'Reason For Search', 'Intimation To Senior' Not Sufficient Compliance Of S.42 NDPS Act

The Calcutta High Court’s Circuit Bench at Jalpaiguri recently granted bail to an accused under the NDPS Act, who had been charged with possession of commercial quantities of YABA Tablets.At the outset, a division bench of Justice Moushumi Bhattacharya and Justice Prasenjit Biswas observed that the commercial truck in which the contraband was being transported being owned by an individual...

Though Not Directly Enforceable, Order Of Emergency Arbitrator In A Foreign-Seated Arbitration A Supplemental Factor To Be Considered U/S 9 Petition: Calcutta HC

The Calcutta High Court has held that an order of the Emergency Arbitrator in a foreign-seated arbitration, while not directly enforceable under the Arbitration and Conciliation Act (A&C Act) due to the absence of a provision akin to Section 17(2) of the Act in Part II, should nonetheless be considered by the Court as a supplemental factor under Section 9 of the Act. The bench...

Litigant Not Genuine But, Direction To Probe Allegations Of ‘Fake Doctor’ Practicing Medicine Issued In Public Interest: Calcutta High Court

The Calcutta High Court has directed the State government to probe the allegations levelled against practice of medicine by a fake doctor in West Bengal. It added that though it had come to light that the PIL petitioner lacked bona fides, the direction was issued by the Court in public interest and will subsist.Noting that the litigant had not disclosed in the petition that he was the...

Duttapukur Explosions | 'Give Police Time To Complete Investigation': Calcutta HC Dismisses PIL For NIA Probe As Premature

The Calcutta High Court has dismissed a plea moved by the BJP’s Suvendu Adhikari seeking a probe by the National Investigation Agency (NIA) into the recent explosions that occurred at an allegedly illegal firecracker factory in Duttapukur, West Bengal on 27th August.In dismissing the PIL as premature, a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya...

Not Sufficiently Equipped On Judicial Side To Keep Tabs On Lower Courts For Promptly Uploading Daily Orders: Calcutta High Court

The Calcutta High Court has recently dismissed a plea seeking a direction to the administrative wing of the Court to ensure that daily orders of both civil and criminal courts under its supervision are promptly uploaded on its E-Courts server.The bench of Justice Sabyasachi Bhattacharya said the Court is not sufficiently equipped to grant such relief. It however granted liberty to the...

Baseless Comments By Disciplinary Authority Leave ‘Permanent Scar’ On Employee's Character: Calcutta High Court Reinstates CISF Constable

The Calcutta High Court has allowed a writ petition moved by a CISF constable challenging his dismissal from service for alleged lack of oversight during his duty at the ISSCO Steel Plant in Burnpur, due to which certain miscreants entered the plant wielding weapons, in an attempt to steal copper wire. In setting aside the order of dismissal, which labelled the petitioner a ‘conniver’ and...

Swaccha Bharat Solid-Waste Management Facility Not ‘Illegal Organic Fertilizer Plant’, Baseless Apprehension: Calcutta High Court

The Calcutta High Court has dismissed a PIL challenging an upcoming solid-waste management plant (“SWM”) set up under the Swaccha Bharat mission, on grounds of it ‘illegally creating organic fertilizer’, thereby causing a nuisance and hazard for general public. Upon perusing a report of the Block-Development Officer, Bongaon, on the proposed steps to be taken at the facility, in terms...

Jadavpur University Not Political Battlefield, Students Must Be Heard: Calcutta High Court In Plea Against Ragging, Admin Lapses

In a plea challenging alleged administrative lapses and lack of security measures which led to the death of a first-year student due to ragging in Jadavpur University, the Calcutta High Court has observed that it is imperative to hear representatives of the student bodies.In directing for the students to be added as parties to the PIL and observing that a University Campus could not be...

'Newspaper Reports And Next Morning There's A Writ': Calcutta High Court Dismisses PIL Against "Banned Student Union" In Jadavpur University

The Calcutta High Court on Monday dismissed a PIL filed by BJP’s Suvendu Adhikari against the “Revisionary Students Union/Federation”, an allegedly banned students union stated to be operating from within Jadavpur University.Upon perusing the writ petition, a bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya expressed strong resentment and said,“Are you very...

Calcutta High Court Weekly Round-Up: August 21 To August 27

NOMINAL INDEXSurojit Dasgupta Vs State Of West Bengal And Ors 2023 LiveLaw (Cal) 229Dwaipayan Das Vs. State of West Bengal & Anr. & connected application. 2023 LiveLaw (Cal) 230Sri X v State of West Bengal & ors 2023 LiveLaw (Cal) 231Sanjoy Mondal Vs. The State of West Bengal 2023 LiveLaw (Cal) 232Bishal Das & Ors. Vs. The State of West Bengal & Ors 2023 LiveLaw (Cal)...