Calcutta High Court Refuses To Quash Case Against ‘Doctor’ Accused Of Criminal Intimidation By 85 Yrs Old Advocate

The Calcutta High Court has refused to quash criminal proceedings against a ‘doctor’ accused of wrongful restraint and criminal intimidation by an octogenarian Advocate, residing in the same co-operative society as him.In directing the case to proceed towards trial due to a prima facie case being made out, a single-bench of Justice Shampa (Dutt) Paul held: The complainant is a 85 years...

IIT KGP Student Death | Law Doesn't Envisage Appointment Of Amicus Curiae To Assist Experts/ Investigating Officers: Calcutta High Court

The Calcutta High Court today, partly allowed the appeals moved by the State of West Bengal and IIT Kharagpur, in a case pertaining to the death of a student under allegedly suspicious circumstances at the IIT.A writ petition was filed by the deceased’s father for the Court’s intervention into the investigation of the student’s death. Appeal was preferred by the State on grounds that...

‘Jadavpur University Admin Gone To Rocks’: Urgent Plea Before Calcutta High Court In Light Of Student’s Death Due To Ragging

On Wednesday, Senior Advocate Kalyan Bandopadhyay mentioned a PIL before the Calcutta High Court regarding recent events which have unfolded in Jadavpur University, culminating in the death of a first-year BA student due to alleged ragging.“I am not on the murder/suicide of the student, but the entire JU administration has gone to the rocks…there is no CCTV anywhere. Earlier it was...

Democratic Values Can Only Be Protected If Citizens Have Access To Speedy Justice: Calcutta High Court Chief Justice TS Sivagnanam

“Independence Day is not just another symbolic occasion; it is a vivid reminder of an important part of our self-identity as citizens in the worlds largest democracy and the sacrifices made by our freedom fighters. On this day, we remember our heroes of the freedom struggle and pay homage to them for sacrificing their lives,” Calcutta High Court Chief Justice TS Sivagnanam said on Tuesday....

Teachers Can Claim Transfer On Fulfilment Of Criterion Under Service Conditions, Authority Must Take Steps To Fill Resultant Vacancy: Calcutta HC

The Calcutta High Court has recently allowed an appeal, challenging the order of a single-bench dismissing the writ petition filed by a high-school teacher against refusal of her transfer application by the head of institution.In directing the Commissioner of School Education to consider the petitioners transfer application in accordance with prevalent norms and students’ interest,...

Arbitration Clause Cannot Be Incorporated By Reference, Without Clear Intention Of Parties: Calcutta High Court

The Calcutta High Court has recently dismissed applications for interim relief filed by Kobelco Construction Equipment India Private Limited under Section 9 of the Arbitration and Conciliation Act, 1996 (“Act”).In dismissing the prayer for an interim injunction on the respondents, and holding that the petitioners could not be allowed to incorporate an arbitration clause by-reference from...

Calcutta High Court Weekly Round-Up: August 6 - August 13

NOMINAL INDEXHira Bittar v The State of West Bengal 2023 LiveLaw (Cal) 214Senjuti Chakrabarti Vs Learned Registrar General High Court At Calcutta And Ors 2023 LiveLaw (Cal) 215Union Of India And Anr. v Rashmi Metaliks Limited 2023 LiveLaw (Cal) 216Bithika Sil v. Kartick Paik & Ors. 2023 LiveLaw (Cal) 217Swapan Manna v The State of West Bengal & ors. 2023 LiveLaw (Cal) 218Pooja Mehta...

Three Undertrial Prisoners Kept Together In Single Cell Move Calcutta High Court Alleging 'Solitary Confinement'

The Calcutta High Court heard a plea alleging that prolonged placement of three under-trial prisoners in a single prison is inhumane an amounts to 'solitary confinement'.In recording the State’s report on the various issues flagged by the petitioners, including inter alia the lack of medical facilities, non-compliance with Supreme Court guidelines on under-trial prisoners, etc., a...

Supreme Court Collegium Recommends Transfer Of Three Calcutta High Court Judges

The Supreme Court Collegium, in its meeting held on 3 August 2023, has recommended the transfer of 3 Calcutta High Court judges. The Collegium, consisting of Chief Justice of India Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B R Gavai and Justice Surya Kant, has recommended the names of the following 3 judges of the Calcutta High...

Panchayat Elections: Calcutta High Court Provides Police Protection To Victorious BJP Candidates For Panchayat Board Formation

Ahead of the formation of ‘panchayat boards’ pursuant to the declaration of results in the West Bengal Panchayat Elections 2023, the Calcutta High Court has issued a spathe of directions for police protection to the winning candidates during the process to be held on the 11th August (Tomorrow).One such petition was filed by victorious candidates belonging to the Bharatiya Janata Party...

Calcutta High Court Dismisses Income Tax Dept’s Appeal On The Ground Of Low Tax Effect

The Calcutta High Court has dismissed the appeal filed by the Income Tax Department on the ground of low tax effects.The bench of Chief Justice T.S. Sivagnanam and Justice Ajay Kumar Gupta has observed that the total tax was less than Rs. 1 crore, which is the threshold limit fixed by the Central Board of Direct Taxes (CBDT).The department/appellant has raised the issue of whether ITAT erred...

‘Blame-Game Between Govt Authorities Highly Deprecated’: Calcutta HC Directs Accountant-General To Refund Amount Deposited By Litigant In 2004

The Calcutta High Court today directed the West Bengal's Accountant General to refund an amount of Rs 66,000 to a litigant who was made to deposit the said amount in relation to a civil proceeding back in 2004.In rebuking the “procrastination on behalf of the authorities” in refunding the petitioners deposit even after the case had been settled out-of-court in 2008, a single-bench of...