Don’t Create Communal Tension: Calcutta HC Refuses To Exercise Writ Jurisdiction Over Private Ownership Of Waterbody Worshipped By Hindus

The Calcutta High Court on Monday dismissed a PIL challenging the order of the Block Land & Land Reforms Officer (BL & LRO) allocating a portion of the Adiganga water body in the Sundarbans to the private respondents under the West Bengal Land Reform Act, 1955. (“WBLR”)Petitioners argued that the respondents were preventing Hindus in the area from offering their worship at the...

Calcutta High Court Grants Relief To Transgender Rights Activist, Quashes Kidnapping Case Lodged By Transwoman's Family

The Calcutta High Court’s Circuit Bench at Jalpaiguri recently quashed criminal proceedings against a transgender rights activist & researcher, who had been accused of kidnapping by the family of a trans-woman, whom he helped escape from alleged mental and physical torture at her home.In quashing the FIRs against the petitioner, a single-bench of Justice Prasenjit Biswas opined:To prove...

NDPS Act | Lab Report ‘Most Vital’ Evidence, Cannot Be Filed Through Supplementary Chargesheet: Calcutta High Court

The Calcutta High Court’s Circuit Bench at Jalpaiguri recently allowed the bail plea of an accused under the Narcotic Drugs & Psychotropic Substances Act (“NDPS”) upon taking note of various ‘procedural infirmities’ in the chargesheet.A division-bench of Justice Moushumi Bhattacharya and Justice Prasenjit Biswas held:A mere statement of filing of a supplementary charge-sheet...

Holistic, Common-Sense Approach Required To Interpret Arbitration Clause: Calcutta HC Grants Interim Relief To US-Based Healthcare Company

The Calcutta High Court while exercising its admiralty jurisdiction, recently allowed an application for interim relief by Uphealth Holdings Inc. a wholly owned subsidiary of Uphealth Inc., a US-based healthcare company under section 9 of the Arbitration & Conciliation Act, 1996.Justice Ravi Kishan Kapur observed that the applicant had made out a prima facie case for interim relief...

Illegal Constructions Menace To Society: High Court Upholds Demolition Order, Raises Concerns On Kolkata Municipal Corporation's Efficacy

The Calcutta High Court recently upheld a demolition order by the Kolkata Municipal Council (“KMC”) issued under Section 400(8) of the KMC Act against an unauthorised construction made by the petitioner who had ignored previous ‘stop-work’ notices and even an FIR filed by KMC in that regard.A division-bench of Justice Arijit Banerjee and Justice Apurba Sinha Rayand expressed...

Too Much To Ask ED To Record Reasons At Every Stage, Even While Issuing Summons Under PMLA: Calcutta High Court

The Calcutta High Court recently dismissed a plea for no coercive measures and quashing of summons moved by one Pritimoy Chakraborty against the Enforcement Directorate (“ED”) under the Prevention of Money Laundering Act (“PMLA”).In holding that the petitioner failed to show any patent illegality in the ED’s summons, or to make out a case for “the extraordinary relief of...

Provide Check List To Police On Power Of Arrest, No Automatic Arrests U/S 498A IPC: Calcutta High Court Issues Guidelines

The Calcutta High Court has recently issued a notification, framing guidelines for all criminal courts in West Bengal and Andaman & Nicobar Islands, pertaining to arrest by police officials, in pursuance of directions of the Supreme Court of India, in the case of Md. Asfak Alam vs The State of Jharkhand & Anr.It said: “The endeavour of the Hon’ble Supreme Court in the...

Durga Puja Not ‘Mere Religious Offering’, Meeting Ground For People Of All Caste, Creed, Gender Or Religion: Calcutta High Court

The Calcutta High Court has recently observed that Durga Puja, celebrated predominantly in West Bengal, is not merely a religious offering, but rather “much more secular in nature than a pure religious performance by a particular community.”In allowing the petitioner’s plea for hosting their “Durga Utsab 2023” celebrations on the New Town Mela Ground, a single-bench of...

Level Playing Field For Political Parties: Calcutta High Court Allows Opposition Rally, Says S.144 CrPC Cannot Be Promulgated At The Drop Of A Hat

The Calcutta High Court recently set aside an order under Section 144(2) CrPC (apprehension of nuisance or danger), passed by Sub-divisional magistrate, Contai, preventing public gatherings, due to which the petitioner, an opposition party leader, was prevented from holding a political rally.In setting aside the magistrate’s order, and laying down a comprehensive set of guidelines for...

‘Prima Facie Forgery, No Equity For Practising Fraud Before Court’: Calcutta High Court Proposes Perjury Action Against School Headmaster

The Calcutta High Court has dismissed a writ petition filed by the headmaster of Bora Junior High School (“school”) and directed for a criminal investigation and trial against him, upon perusing expert evidence which prima facie indicated that signatures in one of the main documents relied upon by him, were forged. Court also directed initiation of perjury proceedings in case the...

Multiple Inmates Kept In Separate Cell Due To Threat Perception Of Jail Authorities Not Solitary Confinement: Calcutta High Court

The Calcutta High Court has recently rejected a transfer petition from three inmates at the Chinsurah District Correctional Home, Hooghly upon holding that keeping them in the same prison cell, away from the main population due to jail authorities’ perception of violence from other inmates, did not tantamount to solitary confinement, or a violation of their human rights. On an...

Victim’s Statement Cannot Be 'Blindfolded Foundation Of Guilt': Calcutta HC Discharges Man Accused Of ‘Pouring Hot Oil’ On Octogenarian Lady

The Calcutta High Court on Wednesday allowed a criminal appeal, setting aside the appellant's Trial court conviction under Section 324 IPC (voluntary hurt by dangerous means) for allegedly ‘pouring hot oil on an octogenarian lady’ after a brief argument on previous dues owed by the appellant, Based on witness statements it noted that although the victim did suffer oil-burns, the same was...