‘Public Interest Or Political Interest Litigation?’: Calcutta High Court In Plea For FIRs Against Suvendu Adhikari Over Panchayat Election Comments

The Calcutta High Court today took up a PIL upon directions of the Supreme Court, pertaining to registration of FIRs and initiation of criminal proceedings against BJP's Leader of Opposition in West Bengal, Suvendu Adhikari.A CJI-led bench of the Supreme Court had set aside an order of a division-bench presided over by Justice I.P. Mukherji, which had lifted a stay on coercive action...

Live-Streaming Truly Enables ‘Open Court’: Calcutta High Court Commences Live-Streaming Of Proceedings From Circuit Bench At Port Blair

The Calcutta High Court has commenced live-streaming of Court proceedings from its Circuit Bench at Port Blair in the Andaman and Nicobar Islands, further extending its distinction of having the highest number of live-streamed courts across all High Courts in the country. The inauguration ceremony was presided over by Chief Justice T.S. Sivagnanam, who emphasised on the importance...

'Desecration Of National Flag A Disgrace': Calcutta High Court Issues Notice To State In Plea Over Communal Violence On Independence Day

The Calcutta High Court today issued notice on a PIL filed by BJP's Leader of Opposition in West Bengal, Suvendu Adhikhari alleging incidents of stone-pelting, communal violence and “desecration of the national flag by members of a certain community” at a government school in Bansaberia.In taking serious exception to the incidents being alleged, a division bench of Chief Justice TS...

'Wishing The Best' To Minor Gang-Rape Survivor, Calcutta High Court Allows Termination Of 25+ Weeks Pregnancy

The Calcutta High Court today permitted medical termination of pregnancy of a minor gang rape survivor, which had exceeded the 24-week statutory limit under the Medical Termination of Pregnancy Act, 1971.On an earlier occasion, the Court had noted that the present case fell under the exception envisaged under the 1971 Act, wherein there could be a risk to the life of the mother in case...

Misuse Of S.498A IPC By Women Unleashes “Legal Terrorism”: Calcutta High Court Quashes Domestic Violence Case Against Husband & In-Laws

The Calcutta High Court on Monday, quashed two criminal complaints filed by a wife (“opposite party no 2"), against her husband and in-laws (“petitioners”), on various counts of domestic violence, attempted murder, criminal intimidation, etc. under the IPC. In noting that the medical evidence on record, as well as witness statements did not corroborate with the opposite party no...

‘Discipline Must Be Maintained By Devotees’: Calcutta HC Dismisses PIL For Guidelines On Visiting Jalpesh Shiv Temple, Directs DM To Consider

The Calcutta High Court has dismissed a PIL seeking issuance of guidelines for regulation of pilgrims visiting the Jalpesh Temple shivmandir in North Bengal, on the grounds that the authorities were “depriving the petitioners of the fundamental right” to observe their age-old practise of offering holy water to the deity at the temple by entering its “garba griha.”In ordering the...

Calcutta High Court Weekly Round-Up: August 14 - August 20 , 2023

NOMINAL INDEXKobelco Construction Equipment India Private Limited vs. Lara Mining & Anr. 2023 LiveLaw (Cal) 222M/S. Gammon Engineers And Contractors Pvt. Ltd. V The State Of West Bengal 2023 LiveLaw (Cal) 223Prapti Chakraborty v State of West Bengal & Ors. 2023 LiveLaw (Cal) 224Dr. Sujoy Biswas Vs. State of West Bengal & Anr 2023 LiveLaw (Cal) 225Debarati Banerjee v The State of...

Car Loan | Bank Repossessing Vehicle Due To Borrower’s Default Does Not Tantamount To Robbery: Calcutta High Court

The Calcutta High Court has quashed criminal proceedings against employees of HDFC Bank Limited, initiated by one Sunil Kumar Sharma/opposite party no 2, who had availed a car loan from the aforesaid bank, to be repaid over 60 instalments, alongside taking another personal loan of Rs 90,000.It was contended by the opposite party/complainant that he had fallen on extremely hard financial times...

Calcutta High Court Refuses To Quash FIR Against Teacher Booked For Creating 'Communal & Administrative Disturbance' Around School

The Calcutta High Court has refused to quash criminal proceedings against a teacher of the Tehatta Balika Prathamik Vidyalaya, under various sections of the IPC for offences including unlawful assembly, rioting, causing injury to a public servant, etc. during ‘unauthorised’ celebrations by the school’s Muslim students on the occasion of ‘Nabi Diwas’. In directing the case...

Employee’s Transfer Based On Organisation’s Policy Does Not Amount To Criminal Intimidation/ Conspiracy Under IPC: Calcutta High Court

The Calcutta High Court on Thursday quashed criminal proceedings initiated against the Human Resources Manager of IDBI Bank (“petitioner”), by an employee/opposite party No 2, against whom a female co-worker had earlier filed a complaint for sexual harassment at the workplace. In holding that the petitioner could not be considered guilty of the offences of criminal intimidation or...

Calcutta HC Gives "New Lease Of Life" To 11-Yr-Old Gang Rape Victim, Orders Medical Board To Examine Feasibility Of Terminating Pregnancy

The Calcutta High Court on Thursday upheld the right of a minor rape survivor to seek medical termination of pregnancy, even when such termination was sought for outside the statutory limit of 24 weeks as prescribed in the Medical Termination of Pregnancy Act, 1971 (“Act”). A single-bench of Justice Sabyaschi Bhattacharya directed the formation of a medical board to ascertain the viability...

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court

The Calcutta High Court recently dismissed an application filed by M/S Gammon Engineers and Contractors Private Limited (“petitioners”) u/s 11(6), 14 and 15 of the Arbitration and Conciliation Act, 1996 (‘Act’), for removal of arbitrator while challenging their unilateral appointment.In dismissing the application, a single-bench of Justice Shekhar B Saraf held that a challenge...