[Grievous Hurt] Calcutta High Court Criticises Trial Court For Relying Solely On Party's Submissions, Not Calling For Injury Report

The Calcutta High Court recently took exception to a Sessions Court order solely relying on prosecutor's failure to raise objections to grant of bail to accused in a case of grievous hurt and rejecting the complainant'splea for cancellation of bail, without calling for an injury report. A single bench of Justice Shampa (Dutt) Paul held:It is unfortunate that considering the nature of...

Dhulagarh Riots Coverage| Calcutta HC Quashes Case Against Journalists Sudhir Chaudhary, Pooja Mehta For Allegedly 'Promoting Enmity'

The Calcutta High Court last week QUASHED a case against Former Zee News Editor (presently Consulting Editor, Aaj Tak) Sudhir Chaudhary, Zee News Journalist Pooja Mehta and cameraperson Tanmay Mukherjee under Section 153A IPC for allegedly 'promoting enmity' during their coverage on 2016 Dhulagarh Riots.The bench of Justice Bibhas Ranjan De observed that the prosecution could not produce...

Calcutta High Court Allows BJP Functionary To Hold Rally On World Tribal Day, Issues Directions To Avoid Clash With TMC Rally

The Calcutta High Court has allowed a plea filed by a functionary of the Bharatiya Janata Party (“BJP”) seeking permission to hold a rally and meeting on the 9th of August (today) at the Pingbone Nabkung Ground (Math) in Paschim Medinipur, on the occasion of World Tribal Day.It also issued directions to avoid any clashes with another rally to be held on behalf of Trinamool...

‘Fraudulent’ Conduct Of Railways Has Shocked Our Conscience: Calcutta HC Unconditionally Stays Arbitral Award, Directs Probe By Union Govt

The Calcutta High Court today unconditionally stayed an award granted in favour of the South Eastern Railways (“SER”) under the Arbitration & Conciliation Act, 1996 (“Arbitration Act”) on grounds of fraud and corruption perpetrated by collusion between the parties in obtaining the impugned award.In expressing his dismay and directing an investigation into the matter by a...

“Absolutely Premature”: Calcutta High Court Dismisses PIL Seeking Strict Implementation Of PoSH Act Within The High Court

The Calcutta High Court on Monday dismissed a PIL filed by a practising advocate for the “strict implementation” of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”) within the Calcutta High Court. Petitioner claimed that various RTIs filed by him revealed that the PoSH Act had not been complied with in its entirety.In noting...

S.498A IPC | Mental Cruelty Is A State Of Mind, Cannot Have Uniform Standard In Matrimonial Cases: Calcutta High Court

The Calcutta High Court recently allowed the appeal preferred by a husband against trial court order convicting him for alleged offences of mental and physical cruelty allegedly inflicted upon his spouse/ complainant.A Single-bench of Justice Shampa (Dutt) Paul held:Though this witness has stated that she was assaulted by the appellant and his family members and suffered bleeding injuries,...

Calcutta High Court Weekly Round-Up: July 31 - August 5

NOMINAL INDEXNazia Elahi Khan vs State of West Bengal and Ors. 2023 LiveLaw (Cal) 201The National Investigation Agency & anr. vs State of West Bengal & ors. 2023 LiveLaw (Cal) 202Nigrani Sansthan Vs State Of West Bengal And Ors. 2023 LiveLaw (Cal) 203The West Bengal Small Industries Development Corporation Limited WBSIDC Vs. Kaushalya Infrastructure Development Corporation Limited...

Raids By Eastern Coalfields Officials Not Illegal: Calcutta High Court Quashes FIRs Against Officials On Counts Of Theft, Outraging Modesty Of Woman

The Calcutta High Court recently quashed the criminal proceedings initiated against officials of the Eastern Coalfields, who had, in accordance with directions of the Court, undertaken a raid to crack down on the “terror and running of parallel administration of illegal [coal] mining within the Eastern Coalfield area in Burdwan.”Eastern Coalfields Limited is a subsidiary of Coal India...

'Even Live-Streaming Being Abused': Calcutta High Court Regrets Misuse Of Provision For Recall, Imposes ₹5 Lakh Cost

The Calcutta High Court recently slammed the practise of the Bar invoking procedural formalities in order to take a “circuitous route" to reopen an issue which is already decided and having an order reviewed under the garb of recall."A desperate attempt is made to have the order reviewed in the garb of recall...Even a live streaming, which has started with the. avowed object is being...

Pension: Calcutta High Court Says Employee Can't Be Penalised For Shortfall In Service Due To Delay By Authority In Making Appointment

The Calcutta High Court recently allowed a writ petition filed by an Assistant Teacher of a primary school, who challenged the order of the Principal Secretary to the Government of West Bengal School Education Department, denying him pensionary benefits. The petitioner had also sought condonation of “deficiency in the qualifying service period” for pension.In allowing the...

Without Pre-Deposit U/S 19 MSMED Act, Application U/S 34 Arbitration Act Remains 'Stillborn’ For Purpose Of Stay: Calcutta High Court

The Calcutta High Court recently dismissed an application filed by the Board of Major Port Authority for the Shyama Prasad Mookerjee Port, Kolkata, for staying the operation of an arbitral award passed by the West Bengal State Micro Small Enterprises Facilitation Council (“MSME Council”).In refuting the petitioners contention that filing an application u/s 34 of the Arbitration...

Woman Taking Regularly Worn Ornaments When Leaving Matrimonial Home After 29 Yrs Can’t Be Basis For Criminal Proceedings: Calcutta High Court

The Calcutta High Court recently quashed the criminal proceedings initiated against a woman by her husband, a practising advocate, for the alleged theft of certain gold ornaments and valuables from her matrimonial home.A single-bench of Justice Shampa (Dutt) Paul opined that the items she was accused of stealing were “worn on a regular basis by traditional Bengali married women.”...