Calcutta High Court Monthly Digest: March 2022 [Citations: 61 To 101]

Nominal Index 

Nasrin Khatun v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 61

Ashok Kumar Sureka v. Assistant Commissioner State Tax, Durgapur Range, Government of West Bengal 2022 LiveLaw (Cal) 62

Zia Sharif Hussain @ Tushar Subash Roy 2022 LiveLaw (Cal) 63

Habibur Rahaman v. State of West Bengal 2022 LiveLaw (Cal) 64

Budhin Soren v. State of West Bengal 2022 LiveLaw (Cal) 65

Sashi Jain @ Shashi Jain v. Sandip Sarka 2022 LiveLaw (Cal) 66

Saptaparna Ray v. District Magistrate and Collector, North 24 Parganas and others 2022 LiveLaw (Cal) 67

Latika Ghosh v. The Commercial Tax Officer/Assistant Commissioner, West Bengal Goods & Service Tax, Raiganj Charge & ors 2022 LiveLaw (Cal) 68

Setab Uddin & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 69

Creative Museum Designers v. Income Tax Officer, Exemptions, Ward-1(1), Kolkata  2022 LiveLaw (Cal) 70

Dharanidhar Ghosh Vs. Union of India 2022 LiveLaw (Cal) 71

Unisource Hydro Carbon Services Private Limited Versus Union of India 2022 LiveLaw (Cal) 72

Sankar Mondal v. Swapan Debnath & Ors 2022 LiveLaw (Cal) 73

Piyali Tewari Dey v. Baidyanath Dey & Ors 2022 LiveLaw (Cal) 74

Ashlesh Biradar v. State of West Bengal 2022 LiveLaw (Cal) 75

In the goods of Mahesh Kumar Agarwal and Anr. v. Meena Agarwal and Ors 2022 LiveLaw (Cal) 76

Tushar Kanti Das v. Kajal Saha 2022 LiveLaw (Cal) 77

 Anubrata Mondal v. Union of India & Ors 2022 LiveLaw (Cal) 78

In Re : Bhajagobinda Roy alias Bhajan Roy 2022 LiveLaw (Cal) 79

Galaxy Mechanical Engineering Equipments Private Limited Versus Assistant Commissioner 2022 LiveLaw (Cal) 80

Concast Steel and Power Limited v. Sarat Chatterjee and Co 2022 LiveLaw (Cal) 81

Sariful Sk. & Anr v. The State of West Bengal 2022 LiveLaw (Cal) 82

Anindya Sundar Das v. Union of India and other connected matters 2022 LiveLaw (Cal) 83

Precious Trade Link Private Limited Versus Assistant Commissioner of State Tax 2022 LiveLaw (Cal) 84

Alpine Distilleries Pvt. Ltd v. The State of West Bengal and others 2022 LiveLaw (Cal) 85

Ajoy Kumar Singhania v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 86

Naimuddin Laskar @ Naim v. The State of West Bengal 2022 LiveLaw (Cal) 87

Kabita Mondal (Gayen) v. West Bengal State Electricity Distribution Co. Ltd. and others 2022 LiveLaw (Cal) 88

Kamal Nath v. The Principal Commissioner of Income Tax, Kolkata 2022 LiveLaw (Cal) 89

The Court on its own Motion In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum 2022 LiveLaw (Cal) 90

Malancha Mohinta v. Dipak Mohinta 2022 LiveLaw (Cal) 91

Ram Sevak Lohar v. State 2022 LiveLaw (Cal) 92

Dr. Kausik Paul v. Seacom Skills University and Others 2022 LiveLaw (Cal) 93

Anubrata Mondal v. Union of India & Ors 2022 LiveLaw (Cal) 94

Bharat Heavy Electricals Limited v. Optimal Power Synergy Ltd 2022 LiveLaw (Cal) 95

In Re : Guddu Mondal @ Guddu Ali Mondal & Anr 2022 LiveLaw (Cal) 96

Dr. Santi Prasad Sinha v. Md. Abdul Gani Ansari and others 2022 LiveLaw (Cal) 97

Abu Fazel Fakir & Ors v. The State of West Bengal 2022 LiveLaw (Cal) 98

Md. Abdul Gani Ansari v. State of West Bengal & Ors. 2022 LiveLaw (Cal) 99

Rajesh K.V. @ Rajesh Kaleerakath Venugopal v. Visva-Bharati & Ors 2022 LiveLaw (Cal) 100

Sabitri Bhunya v. The State of West Bengal and Others 2022 LiveLaw (Cal) 101

Orders/Judgments 

1. SLST Recruitment Scam | Calcutta High Court Orders CBI Probe Into Alleged Illegal Appointment Of Asst. Teachers In WB

Case Title: Nasrin Khatun v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 61

The Calcutta High Court directed the Central Bureau of Investigation (CBI) to probe into the alleged illegal appointment of assistant teachers pertaining to the West Bengal State Level Selection Test (SLST) for Class 9 and Class 10 teachers. The Court had earlier ordered the cancellation of appointment of six assistant teachers in the Murshidabad district after noting that they had been illegally appointed pursuant to the illegal recommendation of the West Bengal School Service Commission (WBSSC). Justice Abhijit Gangopadhyay on Monday handed over the investigation into the matter to the CBI and directed that the probe should be conducted under the supervision of an officer not below the rank of a Joint Director and accordingly observed, "I direct the Director, Central Bureau of Investigation to constitute a committee, headed by an officer not below the rank of a Joint Director, with officers not below the rank of DIG to initiate the enquiry. It is expected that no person connected with the matter will be left out of this enquiry." Opining that the police authorities are controlled by the State machinery and that an independent agency is required to impartially probe into the allegations, the Court further noted, "It is not that, I do not have any confidence upon the Police of this State. But the Police is controlled by the State and in effect they are chained by orders from different quarters. Otherwise I have the belief that the Kolkata Police or the Police of the State is fully capable to inquire into the matter. Therefore, I am directing the CBI to hold this enquiry which has happened in this State, by statutory authority of this state, as an agency outside the control of this State."

2. Calcutta High Court Quashes Order Imposing Penalty For Expiry Of E-Way Bill As There Was No Intention To Evade Tax

Case Title: Ashok Kumar Sureka v. Assistant Commissioner State Tax, Durgapur Range, Government of West Bengal

Case Citation: 2022 LiveLaw (Cal) 62

The Calcutta High Court has quashed the order imposing penalty for expiry of e-way bill as there was no intention to evade tax. The single bench of Justice Md. Nizamuddin has set aside the impugned order of the appellate authority as well as the order of the adjudicating authority and consequently, the petitioner will be entitled to get the refund of the penalty and tax paid on protest subject to compliance of all legal formalities. The petitioner/assessee has challenged the impugned order of the appellate Commissioner confirming the original order passed by the adjudicating authority under section 129 of the West Bengal Goods and Services Act, 2017 for detention of the goods in question on the grounds that the e-way bill relating to the consignment in question had expired one day before, and that the goods was detained on the grounds that the e-way bill has expired which is even less than one day and extension could not be made.

3. 'Not Entitled To Relief U/Art. 226': Calcutta HC Refuses To Interfere With Show Cause Notice Issued By UIDAI Suspecting Petitioner's Citizenship

Case Title: Zia Sharif Hussain @ Tushar Subash Roy

Case Citation: 2022 LiveLaw (Cal) 63

The Calcutta High Court refused to interfere in a dispute over the citizenship of a Hindu man, claiming to have converted his religion from Islam, by observing that no relief can be granted under Article 226 of the Constitution. The petitioner had challenged a show cause notice dated January 27, 2022 issued by the UIDAI stipulating that his Aadhar Card would be deactivated if he fails to provide any decision authenticating his citizenship or residence in India. Dismissing the plea, Justice Rajasekhar Mantha observed, "In the above circumstances, the petitioner is not entitled to any relief under Article 226 of the Constitution of India with regard to his Aadhar Card or its proposed de activation." Upon a perusal of the submissions, Justice Mantha noted that a statutory authority had found discrepancies in the petitioner's passport and accordingly remarked, "This Court notes that there is a finding by an authority constituted statute of discrepancies in the petitioner's passport based on which it has been revoked. There is also charge sheet filed against the petitioner under the appropriate penal laws referred to herein above."

4. If Evidence Of Official Witnesses Inspire Confidence, Lack Of Corroboration By Hostile Independent Witnesses Will Not Affect Prosecution Case: Calcutta HC

Case Title: Habibur Rahaman v. State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 64

The Calcutta High Court has recently observed that if the evidence of official witnesses inspire confidence then the absence of corroboration by independent witnesses who have turned hostile will not make a dent in the prosecution case. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi was adjudicating upon a case involving the seizure of fake currency notes. The Court underscored, "It is settled law if the evidence of the official witnesses are clear, convincing and inspire confidence, lack of support from the independent witnesses who have been won over and had turned hostile would not make a dent in the prosecution case. Hence, I am of the opinion, seizure of counterfeit notes suspected to be forged valued at Rs. 8 lakhs from the appellant and Rs. 2 lakh from the juvenile accused has been proved."

5. Poverty No Justification For Husband To Perpetrate Torture Upon Wife: Calcutta High Court Upholds Conviction For Abetment Of Suicide

Case Title: Budhin Soren v. State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 65

The Calcutta High Court has recently observed that poverty even if acute cannot be a justification for a husband to perpetrate torture upon his wife thus compelling her to commit suicide. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi upheld the conviction of the husband for abetment of suicide by observing that the deceased wife named Bimali had been subjected to torture at her matrimonial home which had compelled her to commit suicide within six years of marriage. "Evidence on record shows a pitiable condition in the matrimonial home of Bimali where she was tortured for non-availability of food. Poverty, though acute, cannot be a justification for the husband to perpetrate torture upon his wife and compelling her to commit suicide", the Court underscored. Opining that the prosecution evidence in this regard is further strengthened by the statutory presumption under Section 113A of the Evidence Act, the Court remarked further, "It is, therefore, crystal clear that life of Bimali at her matrimonial home was a bed of thorns. Her husband, Shyamal inflicted inhumane torture upon her. Unable to bear such torture, she decided to take her own life. I am convinced the live link between torture meted out by Shyamal upon his wife and her ultimate act of self-extermination is clearly established. Ample evidence has come on record that the housewife was subjected to torture and was compelled to commit suicide within six years of marriage. Prosecution evidence in this regard is also fortified by the statutory presumption under Section 113A of the Evidence Act."

6. Agreement Of Sale Alters Landlord-Tenant Relationship, Parties Cannot Go Back & Seek Relief In Terms Of Such Old Relationship: Calcutta High Court

Case Title: Sashi Jain @ Shashi Jain v. Sandip Sarka

Case Citation: 2022 LiveLaw (Cal) 66

The Calcutta High Court observed that when an agreement of sale is entered into by a landlord and a tenant, the nature of the existing relationship changes and thus parties cannot go back to their old relationship and seek relief in terms of such relationship. Opining that the appellant had consciously surrendered her right as a tenant, a Bench comprising Justice Soumen Sen and Justice Ajoy Kumar Mukherjee observed, "The parties who have acted in terms of the agreement for sale and altered their relationship consciously cannot now go back to their old relationship and seek relief in terms of such relationship. There is a clear and conscious act on the part of the appellant to surrender her right as a tenant to acquire a superior right of an owner of the second floor of the suit premises." Reliance was also placed on the Kerala High Court judgment in Velu v Lekshmi & Ors to observe that two sets of mutually contra relationships cannot co-exist and accordingly it was further underscored, "Whenever a certain relationship exists between two parties in respect of a subject-matter and a new relationship arises as regards the identical subject-matter the two sets of mutually contra relationships cannot co-exist as being inconsistent and incompatible, that is to say, if the latter can come into effect only on termination of the earlier that would be deemed to have been terminated in order to enable the latter to operate."

7. Only SC Can Clarify Whether Orders Passed Under Repealed 'WB Housing Industry Regulation Act' Can Be Executed: Calcutta High Court

Case Title: Saptaparna Ray v. District Magistrate and Collector, North 24 Parganas and others

Case Citation: 2022 LiveLaw (Cal) 67

The Calcutta High Court observed that only the Supreme Court under Article 142 of the Constitution can clarify whether the orders passed under the repealed legislation, the West Bengal Housing Industry Regulation Act, 2017 (WBHIRA), are saved and the execution thereof can be continued. The Supreme Court in the case of Forum for People's Collective Efforts (FPCE) and another v. State of West Bengal had declared the WBHIRA Act, 2017 as being ultra vires the Constitution of India and repugnant to the provisions of Real Estate (Regulation and Development) Act, 2016 and thus struck down the legislation. Justice Rajasekhar Mantha observed while declining to entertain the plea, "..this Court is of the view that it is only the Hon'ble Supreme Court under Article 142 of the Constitution of India, that can clarify as to whether the orders passed under the erstwhile WBHIRA, are saved and the execution thereof can be continued post the decision in the Forum for People's Collective Case or whether the execution should be carried out under the Real Estate Regulation Authority Act, 2016." The Court further averred, "It is clear and evident from the aforesaid paragraph that what has been saved by the Supreme Court under Article 142 under the Struck Down Act, are legislation, sanction and permission already granted. The orders already passed under the said Repealed Act, have not been specifically mentioned to have been saved", the Court averred.

8. 'Violation Of Principles Of Natural Justice': Calcutta High Court Orders Restoration Of GST Registration Within 7 Days

Case Title: Latika Ghosh v. The Commercial Tax Officer/Assistant Commissioner, West Bengal Goods & Service Tax, Raiganj Charge & ors.

Case Citation: 2022 LiveLaw (Cal) 68

The Calcutta High Court on Tuesday ordered for the restoration of the appellant's certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week after noting that the order for cancellation of registration is in violation of principles of natural justice. A Bench comprising Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya observed, "The authorities are directed to restore the appellant's certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week from the date of receipt of the copy of this order. We grant liberty to the authorities to issue show cause notice to the appellant." The Court further noted that the order of cancellation of the registration made by the state authorities as well as central authorities is unsustainable and the order rejecting the application for revocation dated October 6, 2021 is also not tenable.

9. 'Influence Of Highly Placed Individuals' : Calcutta HC Orders CBI Probe In Another Teacher Recruitment Scam Case In WB Gov Run Schools

Case Title: Setab Uddin & Ors v. The State of West Bengal & Ors.

Case Citation: 2022 LiveLaw (Cal) 69

The Calcutta High Court again ordered for a Central Bureau of Investigation (CBI) probe in another matter pertaining to the alleged illegal appointment of assistant teachers in State run schools in West Bengal. The Court was adjudicating upon a batch of pleas alleging the illegal appointment of assistant teachers for Class 9 and Class 10 in State run schools pertaining to the West Bengal State Level Selection Test (SLST) on the purported recommendation by the West Bengal School Service Commission (WBSSC). The Court had earlier ordered for a CBI probe in a similar matter after observing that such a scam with regards to public employment could not have taken place without the complicity of people in power in the State machinery. Thereafter, the West Bengal government had moved a Division Bench of the High Court challenging the Single Bench order.

Justice Abhijit Gangopadhyay directed the Director, Central Bureau of Investigation to constitute a Committee immediately headed by an officer not below the rank of Joint Director with officers not below the rank of D.I.G. to initiate the enquiry. "..in this matter also, I direct the C.B.I. enquiry, as the C.B.I. is an expert agency which is not under the control of State Government, in a scam where a Committee has been formed with the important officers of the State Government by the School Education Department. Therefore, I direct the Director, Central Bureau of Investigation to constitute a Committee immediately, headed by an officer not below the rank of Joint Director with officers not below the rank of D.I.G. to initiate the enquiry. It is expected that all the persons named in the said order of the Government including the "competent authority‟ with whose concurrence the order was issued and any other person from whom CBI want to gather facts for inquiry of the matter should come under the umbrella of the enquiry", the Court underscored.

10. Imparting Education By Section 25 Company Is A Charitable Activity Under Income Tax Act: Calcutta High Court

Case Title: Creative Museum Designers v. Income Tax Officer, Exemptions, Ward-1(1), Kolkata

Case Citation: 2022 LiveLaw (Cal) 70

A Bench of Calcutta High Court, consisting of Justices T.S. Sivagnanam and Hiranmay Bhattacharyya, has ruled that when a Company has been established as a non-profit organization under the Companies Act, and its profits are applied solely for the promotion of its objects, its activities would by necessary implication fall under the definition of a "charitable purpose" under the Income Tax Act, 1961. Holding that the Assessee Company was a non-profit organisation that was engaged in imparting education and the advancement of general public utility, the High Court held that its activities would fall within the definition of a "charitable purpose" as defined under Section 2 (15) of the Act. "Thus, when the assessee has not been established for the purpose of earning profit and the income it generates has to be applied for promoting the objects as spelt out in the memorandum and no portion of the income can be directly or indirectly paid by way of dividend or bonus etc, it has to be necessarily held that the assessee is a not for profit organisation but public utility company and the activities of the company for which it has been established would undoubtedly show that the company by establishing knowledge parks, engaged in imparting education and also undertakes advancement of other aspects of general public utility to fall within the definition of charitable purpose as defined under Section 2 (15) of the Act", the Court observed.

11. Calcutta High Court Quashes Penalty Imposed By Customs Dept. Without Enquiry & Adjudication

Case Title: Dharanidhar Ghosh Vs. Union of India

Case Citation: 2022 LiveLaw (Cal) 71

The Calcutta High Court consisting of Justice Md. Nizamuddin, has quashed the penalty which was imposed by the customs department without initiating any enquiry or adjudication. The petitioner/assessee has challenged the order passed by the Commissioner of Customs which imposed several punishments including Punishment No. V, imposing a penalty of Rs.1 crore under Section 112 (b) of the Customs Act on account of some past offences without initiating any proceeding and any adjudication order. The court while criticising the act of the department said that how an authority like a Commissioner can pass order without initiating any proceeding and any adjudication order and it shows total non-application of mind on his part since order of punishment on the offence is not a part of subject matter of the adjudication proceeding. The court has held that the impugned order is bad, in total non-application of mind and on the face of it, is not sustainable in law; and accordingly, punishment order imposing penalty for alleged past offence without any enquiry and adjudication, is set aside.

12. Income Tax Commissioner In Discretionary Power Of Revision Can't Act As Appellate Authority: Calcutta High Court

Case Title: Unisource Hydro Carbon Services Private Limited Versus Union of India

Case Citation: 2022 LiveLaw (Cal) 72

The Calcutta High Court has ruled that the power of an Appellate Authority is much wider than that of a Revisional Authority and the Commissioner, in the exercise of his discretionary power of revision under Section 264 of the Income Tax Act, cannot act as an Appellate Authority and go into the merits of the assessment by re-appreciating the facts and evidence. The single bench of Justice Md. Nizamuddin has observed that the petitioner/assessee has not filed any statutory appeal before the Commissioner of Income Tax (Appeals) with the sole intention of avoiding the payment of a huge amount of tax determined in the assessment order. The court stated that the High Court, in the exercise of its jurisdiction under Article 226 of the Constitution of India, cannot act as an Appellate Authority over the assessment order on merits, facts, and evidence involved in an assessment proceeding. The court noted that the petitioner has deliberately chosen the forum of revision under Section 264 of the Income Tax Act with a view to making out a case to come up before the Court again under Article 226 of the Constitution of India tactfully indirectly to get interference in the assessment order which the Commissioner in exercising the power under Section 264 of the Income Tax Act has refused.

13. Calcutta HC Stays Ex-Parte Injunction On Sale Of Books Of Veteran Cartoonist Narayan Debnath, Rs 7 Lakhs Deposit To Be Paid To Legal Heirs By Publisher

Case Title: Sankar Mondal v. Swapan Debnath & Ors

Case Citation: 2022 LiveLaw (Cal) 73

The Calcutta High Court imposed a stay on an ex-parte injunction issued by a trial Court in favour of the elder son of renowned illustrator Late Narayan Debnath against a publisher claiming infringement of copyright of several works of his deceased father. A Bench comprising Justice Ajoy Kumar Mukherjee and Justice Soumen Sen was apprised by the appellant publisher that the injunction application was moved ex parte on February 24, 2022 with the oblique motive to prevent the appellant from selling books authored by Late Narayan Debnath just before the commencement of the International Kolkata Book Fair, 2022. The Bench observed that the concerned trial Court should not have issued the ex parte ad-interim order without giving an opportunity of hearing to the publisher especially considering the fact that the Book Fair was to commence shortly and that such an order of injection would cause irreparable injury to him. However, taking into consideration that the appellant is obligated to pay royalties to the legal heirs of the deceased illustrator unless their inter se disputes are settled, the Court ordered the appellant to pay an amount of Rs 7 lakhs by March 14, 2022. Imposing a stay on the impugned order of injunction, the Court observed further, "The order of stay of operation of the impugned order shall remain stayed unconditionally till 14th March, 2022 and in the event the said amount is deposited within the aforesaid period, the stay of operation of impugned order shall continue till the disposal of the appeal."

14. 'Indian Values Being Eroded With Adoption Of Western Culture': Calcutta HC Orders Daughter To Pay Maintenance To Parents, Provide Accommodation

Case Title: Piyali Tewari Dey v. Baidyanath Dey & Ors

Case Citation: 2022 LiveLaw (Cal) 74

The Calcutta High Court directed a daughter to allow her aged parents to reside with her in a residential flat which had been gifted to her by her parents and further restrained her from alienating the disputed flat during the life time of both her parents. She was also ordered to pay a monthly maintenance of Rs 10,000 to meet the basic needs and medical expenses of her aged parents. Justice Kesang Doma Bhutia observed at the outset that the instant case represents how dynamic human relationship can be in the present socio economic condition. She further observed while directing the daughter, "The petitioner is hereby directed to provide shelter to her parents in the flat where they are residing with her but in different mess during their lifetime and to see they live peacefully their remaining days in the house which originally belonged to them. She is further restrained from alienating the disputed flat during the life time of her both parents. She is further directed to pay Rupees Ten Thousand per month towards their maintenance to meet their basic needs and medical expenses." Pertinently, the Court observed that once a gift deed in respect of the transfer of any immovable property has been executed in favour of a child, such a gift deed cannot be cancelled or declared void under Section 23 in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Maintenance Act) unless the deed in question is conditional in nature.

15. Calcutta High Court Stays WB Gov Order Temporarily Suspending Internet Services Amid Class 10 Board Exams

Case Title: Ashlesh Biradar v. State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 75

The Calcutta High Court on imposed a stay on an order dated March 3, 2022 issued by the State government temporarily suspending internet services in eight districts of West Bengal between March 7 and March 16. The decision was purportedly taken by the State in order to prevent mass cheating in the upcoming Class 10 State board (Madhyamik) examination.Pursuant to the perusal of the record, the Court noted that the impugned order for suspension of internet service in specified districts has been issued by the Additional Chief Secretary, Home & Hill Affairs Department, Government of West Bengal under Section 144 of the Cr.P.C. The Court opined that such an order under Section 144 CrPC can be issued only by a District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate empowered by the State Government. Reference was also made to the Supreme Court judgment in Anuradha Bhasin v. Union of India wherein the Apex Court had considered the scope of Rule 2(2) of the 2017 Rules by holding that such an order must be a reasoned order and reasoning of the authorities and officers should indicate unavoidable circumstances necessitating passing of such an order. In this regard, the Court observed that although the impugned order had made reference to 'intelligence inputs', the report of the Review Committee had made no such mention of intelligence inputs. The Bench held that no material had been placed by the State government to show that such an order suspending internet services was require on account of a 'public emergency' or 'public safety'. Reliance was also placed on the Supreme Court judgment in People's Union For Civil Liberties (PUCL) v. Union of India and Another in this regard.

Also Read: PIL In Calcutta High Court Challenges State's Decision To Suspend Internet Services Amid Class 10 Board Exams, Govt To Respond By Tomorrow

16. 'Unfortunate': Calcutta HC Judge Recuses From Hearing Saying Lawyer Approached Him Personally For Favourable Order

Case Title: In the goods of Mahesh Kumar Agarwal and Anr. v. Meena Agarwal and Ors

Case Citation: 2022 LiveLaw (Cal) 76

In an unprecedented development, Justice Shekhar B. Saraf of the Calcutta High Court on Friday recused from hearing a matter after alleging that a lawyer representing one of the parties had approached him personally to issue a favourable order. Calling the incident 'extremely unfortunate' Justice Saraf indicated to senior advocate Harish Salve who was appearing through video conferencing that the errant lawyer also belonged to the party the he was appearing for i.e. the petitioner. Consequently, senior counsel Salve underscored that he was returning the brief immediately by terming the entire incident to be 'obnoxious'. He also highlighted that unfortunately, this was not the first time that he was being made aware of such a complaint alleging corrupt practices. Recusing from hearing the matter, Justice Saraf recorded in the order, "Due to circumstances which are quite unfortunate, I release this matter on my personal ground".

17. 'Conduct Not Fit To Be Guardian': Calcutta HC Overrules Prior Direction, Grants Custody Of 4 Yr Old To Father Over Deceased Mother's Friend

Case Title: Tushar Kanti Das v. Kajal Saha

Case Citation: 2022 LiveLaw (Cal) 77

The Calcutta High Court has recently overruled its prior decision in a case by granting the custody of a four and a half years old girl child to her biological father instead of a family friend of her deceased mother. The Court issued the direction by relying upon the report of a clinical psychologist who had personally interacted with the child. The Court had earlier refused to grant custody of the minor girl to her biological father and had instead permitted the child to be in the care and protection of the family friend of her deceased mother. The biological father had however been granted visitation rights. Overruling the Court's prior direction, a Bench comprising Justice Ajoy Kumar Mukherjee and Justice Soumen Sen opined that the family friend, Julie Roy, is incapable of taking care of the minor child in question and further remarked, "we were of the view that Julie Roy was unfit for the custody of the child. Her conduct does not make her fit to become a guardian of the child. She is neither financially capable of rearing of the child nor can provide the child with education. She has her own family along with grown up son. On the contrary, the biological father is an engineer and is financially sound. He also had an attachment towards his child, and over a period of time as the report would suggest a bonding has developed between the father and the child."

Also Read: Calcutta HC Grants Custody Of 4-Yr-Old Girl To Deceased Mother's Friend Over Biological Father, Grants Visitation Rights To Father

18. 'Medical Ailments Not As Serious': Calcutta HC Refuses To Grant Relief To TMC Leader Anubrata Mondal From Appearing Before CBI In Cattle Smuggling Probe

Case Title: Anubrata Mondal v. Union of India & Ors

Case Citation: 2022 LiveLaw (Cal) 78

The Calcutta High Court on Friday dismissed a petition moved by Trinamool Congress (TMC) leader Anubrata Mondal seeking relief from appearing before the Central Bureau of Investigation (CBI) in Kolkata for questioning in the ongoing cattle smuggling probe. Mondal had moved the High Court pursuant to the issuance of a CBI notice under Section 160 of CrPC directing him to appear before its investigating team for questioning in the CBI office at Nizam Palace, Kolkata. He had declined to appear before the CBI on three prior occasions citing various medical ailments. Mondal had also requested for the questioning to take place at a place nearer to his residence considering the ongoing pandemic.Justice Rajasekhar Mantha on Friday dismissed the plea of Mondal after noting that he had travelled outside Bolpur on several occasions and that his aliments as examined by the Medical Board are not that serious that would requirement confinement to his home or a hospital. "Having carefully heard the submissions of the parties, this Court notes that indeed the petitioner has been traveling outside Bolpur and on a couple of instances traveled all the way to Howrah. He has appeared in Kolkata before the Medical Board, the ailments referred to by the Medical Board are not as serious as to require the petitioner to remain confined to his home or a hospital", the Court recorded. The Court further observed that the instant case does not warrant an interference under Article 226 of the Constitution of India as an alternate remedy is available under Section 438 of CrPC.

19. 'Exposes Unfortunate & Deplorable Sharp Practices': Calcutta HC Raps Lawyer For Procuring Anticipatory Bail By Misleading Sessions Court

Case Title: In Re : Bhajagobinda Roy alias Bhajan Roy

Case Citation: 2022 LiveLaw (Cal) 79

The Calcutta High Court came down heavily on a lawyer for having procured anticipatory bail before the concerned Sessions Court through 'fraud' and by making a 'brazen incorrect submission' that no such similar relief had been previously turned down by the same Sessions Court or the High Court. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi expressed displeasure at the conduct of the lawyer by underscoring that members of the legal profession are expected to perform their duties with utmost honesty. "Legal profession is a noble profession. Its members are expected to perform their duties with responsibility and honesty and uphold the high and moral ideals of the profession. The present case is one which exposes the unfortunate and deplorable sharp practices resorted to by a member of the said profession to procure an order of anticipatory bail in favour of his client by misleading the Court by making false submissions that no earlier prayer to an anticipatory bail had been turned down earlier either by the session court or the high court", the Court averred.Opining that the conduct of the concerned counsel was motivated to avoid any judicial scrutiny, the Court enumerated further, "In fact subterfuge and/or sharp practice resolved to procure the impugned order of bail is evident from the fact that the pleadings regarding rejection of similar prayer has not been pleaded in the body of the application but is surreptitiously couched in the affidavit accompanying the application so as to avoid judicial scrutiny by the presiding judge."

20. Allegations Contained in SCN Were Vague: Calcutta High Court Suspends Order Cancelling GST Registration

Case Title: Galaxy Mechanical Engineering Equipments Private Limited Versus Assistant Commissioner

Case Citation: 2022 LiveLaw (Cal) 80

The Calcutta High Court bench consisting of Justice ​​Md. Nizamuddin has suspended the order cancelling GST registration on the grounds that the allegations contained in the show cause notice were vague. The petitioner/assessee challenged the show-cause notice for cancellation of the GST registration of the petitioner and suspended the registration of the petitioner by the show-cause notice itself. The petitioner challenged the impugned show-cause notice on the ground that the show-cause notice was passed without providing any opportunity for hearing to the petitioner. The court was convinced that the allegation of the petitioner was correct since no reason has been given in the impugned order of cancellation, which was a non-speaking order, which was not sustainable in law. The order of cancellation of registration of the petitioner is set aside and all legal consequences will follow. "So far as part of the impugned show-cause notice for cancellation of registration, where registration of the petitioner has been suspended, this part of the impugned order will remain suspended since the allegation in the impugned show-cause notice is very vague and a one-line allegation without any basis, and for the ends of justice, a person against whom a show-cause notice has been issued should be at least provided in brief the basis of such an allegation so that the person can meet the allegations in the show-cause notice," the court said.

21. Order 22 Rule 8 CPC| Delay By Liquidator To Implead Himself In Proceedings A Mere Technical Requirement, Not A Ground For Abatement Of Suit: Calcutta HC

Case Title: Concast Steel and Power Limited v. Sarat Chatterjee and Co

Case Citation: 2022 LiveLaw (Cal) 81

The Calcutta High Court recently had the opportunity to expound on the principles pertaining to abatement of a suit under Order 22 Rule 8 of the Code of Civil Procedure, 1908 (CPC) involving a corporate entity that had been declared as insolvent by the National Company Law Tribunal. Justice Shekhar B. Saraf was adjudicating upon an application seeking dismissal of the instant suit on the grounds of abatement and further direction upon the Special Officer appointed by the Court to restrain him from carrying out the valuation and sale of the concerned goods (10,000 Metric Tons of "Metallurgical Coke" hereinafter referred to as "Met Coke"). Justice Saraf observed that since in the instant case, the liquidator has rendered appearance in meeting held by the Receiver and has made a constant effort to protect the interests of the plaintiff, it cannot be said that the liquidator has declined to continue the suit. It was further underscored that a mere delay on the part of the liquidator to implead himself in the instant proceedings cannot be in any manner be presumed to be an abatement of the suit. "..it is crystal clear that the liquidator is fighting tooth and nail with regard to this litigation and a mere delay in making an application for substituting his name in the records of the suit would not in any manner lead to an abatement of the suit. In fact, in my view the liquidator has never stopped acting in the suit but has continued diligently to act in the suit for the protection of the goods in the suit which the plaintiff claims to have title on. The very fact of the presence of the liquidator in the meetings held by the Receiver indicate a constant endeavour to protect the interest of the plaintiff in this case", the Court opined.

22. 'Underwent A Traumatic Experience, Was Panic Stricken & Disoriented': Calcutta HC Dismisses Plea Of Delayed Lodging Of FIR, Upholds Conviction Of Gang Rape

Case Title: Sariful Sk. & Anr v. The State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 82

The Calcutta High Court has recently observed that a delay of a few hours in lodging of the FIR by a victim of gang rape will not vitiate the prosecution case since it is natural for the victim to remain disoriented and confused after having gone through such a traumatic experience thereby justifying such a delay. A Bench comprising Justice Joymalya Bagchi and Bivas Pattanayak was adjudicating upon an appeal against a judgment of the concerned Sessions Court convicting the appellants for the offence of gang rape under Section 376(2)(g) of the IPC. Acknowledging that it is natural for a victim of gang rape to be disoriented and confused thereby causing a delay in lodging the FIR, the Court underscored further, "The victim underwent a traumatic experience of sexual assault and was panic stricken. She was confused and disoriented as to what would bring succour to her and naturally she waited for arrival of her husband who was in his office. After the arrival of her husband and on giving a cool thought she went to the police station to lodge complaint in the evening around 8.30/9PM. This obviously has led to delay of few hours in lodging of the FIR. There is no case of embellishment or concoction of facts in the FIR due to such delay." Reliance was also placed on the Supreme Court judgment in State of Chhattisgarh v. Derha to hold that even otherwise, the mere factum of delay in filing complaint in regard to an offence of this nature by itself would not be fatal so as to vitiate the prosecution case.

23. WB Post Poll Violence: Calcutta HC Grants Police Protection To 303 Alleged Victims, Takes On Record Latest Status Reports Filed By CBI, SIT

Case Title: Anindya Sundar Das v. Union of India and other connected matters

Case Citation: 2022 LiveLaw (Cal) 83

The Calcutta High Court has granted police protection to 303 alleged victims of violence that had taken place post the declaration of the West Bengal assembly elections in May 2021. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj took on record a detailed affidavit filed by petitioner Priyanka Tibrewal appearing in person wherein the names and contact details of 303 alleged victims of post-poll violence had been enumerated.Taking cognisance of the grievance raised, the Court directed the petitioner to serve a copy of the affidavit filed to the Advocate General as well as the DG & IG of Police, West Bengal so that necessary action could be taken. Furthermore, the DG & IG of Police was directed to ensure that the 303 alleged victims are not harassed by police authorities or local goons. During the hearing, the petitioner also averred that a Committee should be constituted comprising 2 members- one from the National Human Rights Commission (NHRC) and another from the West Bengal Human Rights Commission (WBHRC) so that the affidavit containing the names of the 303 alleged victims can be placed before the Committee in order to ascertain the real ground position. Accordingly, the Court allowed the petitioner to implead the NHRC as a party to the instant proceedings.

24. No Opportunity Of Hearing Was Given By The GST Department: Calcutta High Court Quashes Detention Order

Case Title: Precious Trade Link Private Limited Versus Assistant Commissioner of State Tax

Case Citation: 2022 LiveLaw (Cal) 84

The Calcutta High Court bench of Justice Md. Nizamuddin, has quashed the detention order passed by the Goods and Service Tax Department (GST) on the grounds that the opportunity of hearing was not accorded to the assessee. The petitioner/assessee has challenged the order passed by the Deputy Commissioner of State Tax on the ground that the order was bad in law for the reason that the goods of the petitioners were detained without giving any opportunity of hearing to the petitioners under the relevant provision of Section 129 of the West Bengal Goods and Service Tax Act,2017 (WBGST Act). The court ordered that the detained goods shall be released on making payment as per the amended provision of Section 129(1) of the WBGST Act and directed the petitioner to make payment within seven days from the date. On receipt of such payment, the department shall release the detained goods in question within 72 hours from receipt of payment. The court quashed the detention order passed by the Deputy Commissioner of State Tax and remanded it to the authority concerned to consider afresh and pass a reasoned and speaking order in accordance with the law after giving an opportunity of hearing to the petitioners or their authorised representative.

25. Possession Of Land In Excess Of Ceiling Area Can't Be Interfered With U/S 14T(3) WB Land Reforms Act If Used For Commercial Purposes: Calcutta HC

Case Title: Alpine Distilleries Pvt. Ltd v. The State of West Bengal and others

Case Citation: 2022 LiveLaw (Cal) 85

The Calcutta High Court has recently restrained the concerned Block Land and Land Reforms Officer from interfering with the possession of the land under Section 14T(3) of the West Bengal Land Reforms Act, 1955 (Act) after noting that a person is entitled to land in excess of the ceiling area defined under Section 14M of the Act if the same is intended to be used for commercial purposes. A Bench comprising Justice Harish Tandon and Justice Rabindranath Samanta observed, "Accordingly, the respondents shall remain restraint from interfering with the possession of the land, which has/have been passed by an order of the relevant Block Land and Land Reforms Officer." However, the petitioner was restrained from creating any third party interest in respect of the land or change the nature and character thereof without obtaining prior leave of the West Bengal Land Reforms and Tenancy Tribunal. "Since it is alleged that the petitioner is holding the excess land beyond the ceiling limit provided under Section 14M of the said Act, the petitioner is restrained from creating any third party interest in respect of the same nor shall change the nature and character thereof without obtaining prior leave of the tribunal", the Court directed. It was further ordered that the correction of the record of rights shall not be made without obtaining the prior leave of the Tribunal.

26. Calcutta HC Directs District Registrar To Ensure Supply Of Legible Copies When Application Is Made For Certified Copies Of Registered Documents

Case Title: Ajoy Kumar Singhania v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 86

The Calcutta High Court has recently directed the District Registrar to ensure that legible copies are always provided when certified copies of a registered document is applied for otherwise the intervention of the Court will always be required for the supply of such legible copies. In the instant case, the petitioner had applied for obtaining the certified copy of a sale deed however the copy of the sale deed which had been provided to the petitioner was illegible. Subsequently, the petitioner had applied to the District Registrar to furnish a legible copy of the concerned document, however such no action had been taken on such a request. Thereafter, the instant plea had been filed. Justice Amrita Sinha observed it is evident from the photocopy of the deed supplied to the petitioner that it is absolutely illegible and accordingly remarked, "The copy of the deed which was supplied to the petitioner is absolutely illegible. Not a word from the said deed can be read." Taking into consideration the grievance raised, the Court directed, "The District Registrar is directed to ensure that when certified copy of a registered document is applied for, then legible copy should always be provided to the applicants; otherwise, the applicants will be required to approach Court for obtaining order for supplying legible copy of the document(s) they require." The order was also directed to be communicated to the District Registrar and the other Sub-Registrars within the jurisdiction to ensure compliance.

27. Calcutta HC Grants Default Bail To Accused For Non-Compliance Of Notice Of Application For Extension Of Time U/S 36A(4) NDPS Act

Case Title: Naimuddin Laskar @ Naim v. The State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 87

The Calcutta High Court has recently granted default bail after noting that no notice of the application seeking extension of time in filing of chargesheet under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) had been served upon the accused thereby violating principles of natural justice. A Bench comprising Justice Debangsu Basak and Justice Bibhas Ranjan De observed, "In an adversarial proceeding, the requirement to adhere to the principles of natural justice is imbedded in a statute governing the adjudicating process unless the same is expressly excluded by statute. The right to a fair trial is fundamental to the rule of law. Right to fair trial is recognized as a part right to life enshrined in Article 21 of the Constitution of India. Compliance with the principles of natural justice ensures a fair trial. Audi alteram partem or hear the other side is one of the fundamental pillars of the principles of natural justice. The principle audi alteram partem needs to applied at every stage of an adversarial proceeding to ensure fair trial, unless its applicability is expressly ousted by statue." The Court further underscored that Section 36A(4) of the NDPS Act does not expressly exclude the application of principles of natural justice and thus an accused is entitled to notice of an application seeking extension of time to submit a chargesheet under Section 36A(4) of the NDPA Act so that he is in a position to oppose the same if need be.

28. Calcutta HC Asks Legislature To Consider Introducing Provisions In Electricity Act, 2003 For Payment Of Compensation For Death/Injury Caused By Electrocution

Case Title: Kabita Mondal (Gayen) v. West Bengal State Electricity Distribution Co. Ltd. and others

Case Citation: 2022 LiveLaw (Cal) 88

The Calcutta High Court called upon the legislature to immediately introduce specific provisions in the Electricity Act, 2003 (2003 Act) regarding payment of compensation to victims of injury, death or damage to property caused by electrocution or to their next of kin. The Court also observed that the legislature should also consider providing for a dedicated hierarchy of forums to decide such cases and that Rules may also be formulated by the Central or State Electricity Regulatory Commissions for effective implementation of such provisions. Justice Sabyasachi Bhattacharyya observed, "It is desirable that the legislature considers the immediate introduction of specific provisions in the Electricity Act, 2003 itself, regarding payment of compensation to victims of injury, death of damage to property caused by electrocution or their next of kin and, if deemed fit, to also consider providing for a dedicated hierarchy of forums to decide such cases. Rules in that regard may also be formulated by the Central and/or State Electricity Regulatory Commissions for effective implementation of such provisions." The Court further noted that relegating such matters of compensation to a Civil Court would aggravate the misery of the victim's kin and accordingly remarked, "The option of relegating such matters of compensation to a civil court, considering the usually sorry plight of the victim's dependants, would involve much time and resources which the applicants in such matters mostly cannot afford to spend. Civil suits, by their implicit nature and statutory structure, require oral and documentary evidence to be led and considered in detail before final disposal."

29. Justice Md Nizamuddin Of Calcutta High Court Recuses From Hearing Former MP Chief Minister Kamal Nath's Case

Case Title: Kamal Nath v. The Principal Commissioner of Income Tax, Kolkata

Case Citation: 2022 LiveLaw (Cal) 89

Justice Md Nizamuddin of the Calcutta High Court on Tuesday recused himself from hearing a petition by former Madhya Pradesh Chief Minister Kamal Nath against the Income Tax authorities in connection with the IT department's decision to transfer his case from Kolkata to Delhi. The matter arose from income tax raids in multiple states, including West Bengal, in the premises of people allegedly linked to Nath in April 2019, when he was the chief minister of Madhya Pradesh. The raids were conducted in connection with a notice issued to the senior Congress leader by the IT authorities. On Tuesday, Justice Nizamuddin recused from hearing the matter and further ordered for the case to be placed before Chief Justice Prakash Shrivastava. "On my personal ground, this matter is released from my list. Let it be placed before the Hon'ble the Chief Justice", the order read. In the instant case, Kamal Nath had moved the Principal Commissioner of Income Tax, Kolkata-9, challenging the IT summons against him asking him to appear in New Delhi, and not in Kolkata, under which he is a tax assessee.

30. Birbhum Massacre| Calcutta HC Orders CBI Probe, SIT Asked To Stop Investigation

Case Title: The Court on its own Motion In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum

Case Citation: 2022 LiveLaw (Cal) 90

The Calcutta High Court on Friday transferred to the Central Bureau of Investigation (CBI) the investigation into the violence in Birbhum district of West Bengal, in which 8 persons were killed allegedly in retaliation to the murder of local All India Trinamool Congress (TMC) leader Bhadu Sheikh. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Friday observed that in the interest of justice and considering the circumstances of the instant case, the ongoing probe should be transferred to the CBI. "Having regard to the aforesaid we are of the opinion that facts and circumstances of the case demand that in the interest of justice and to instill confidence in the society and to have fair investigation to dig out the truth it is necessary to hand over the investigation to the CBI. Accordingly, we direct the State Government to forthwith hand over the investigation of the case to CBI. We also direct the State authorities to extend full cooperation to CBI in carrying out the further investigation", the Bench ordered. The State constituted Special Investigating Team (SIT) which had been carrying on its investigation till now was further ordered to not carry out any further investigation in the matter from the time the same is handed over to CBI. "In view of this order the State police authorities or SIT formed by the State will not carry out any further investigation in the matter from the time the same is handed over to CBI. CBI will not only be handed over the case papers but also the accused and suspects who were arrested in the matter and in custody", the Court ordered further. The CBI has been ordered to submit a progress report on the next date of hearing that is to take place on April 7.

Also Read: Birbhum Massacre| Calcutta HC Reserves Order, Takes On Record Case Diary

Also Read: Birbhum Massacre | 'No Effective Contribution Of SIT In Investigation': Calcutta HC Says While Ordering CBI Probe

31. Letter Written To Husband's Superior In Good Faith Intimating Him About Criminal Complaint Lodged U/S 498A CrPC Does Not Constitute Criminal Defamation

Case Title: Malancha Mohinta v. Dipak Mohinta

Case Citation: 2022 LiveLaw (Cal) 91

The Calcutta High Court on Wednesday observed that writing a letter to the husband's superior at work in good faith intimating him about a criminal case lodged against the husband for inflicting torture would not amount to criminal defamation under Section 499 of the IPC. In the instant case, the wife (petitioner) had written a letter dated May 24, 1997 to the Manager, Indian Overseas Bank intimating him that her husband who was the Assistant Manager of Overseas Bank had tortured her and driven her out of the matrimonial home and that a criminal case under Section 498A CrPC (cruelty) had been initiated against him following which he had been arrested and subsequently released on bail. The petitioner had enclosed a certified copy of the order and had requested the Manager to take such action as may be deemed fit under the facts and circumstances. Justice Ananda Kumar Mukherjee noted that the petitioner in her letter had made representation of facts which were consistent with the incidents relating to filling of cases for alleged torture. He further opined that there had been no 'embellishment of facts' and that no coercive action had been sought by the petitioner against her husband vide the letter. "There remains little to be said that the letter in question was a statement of fact instead of any imputation to harm the reputation of the opposite party", the Court observed. Opining further that the the ingredients of offence of defamation are not attracted by the contents of the letter as they are covered by the Eighth Exception laid down under Section 499 IPC, the Court underscored, "..preferring an accusation against any person to any of the persons who have lawful authority over that person, would not amount to defamation. In the instant case the petitioner wife made accusation against the opposite party before his superior in office in good faith and consistent to her accusation made in the petition of complaint. Therefore, the same would not amount to any defamation as the same is excepted in the 8th exception."

32. 'Evidence Of Sexual Assault Victim Need Not Be Tested With Same Amount Of Suspicion As That Of An Accomplice': Calcutta HC Upholds Conviction In POCSO Case

Case Title: Ram Sevak Lohar v. State

Case Citation: 2022 LiveLaw (Cal) 92

While opining that the sole evidence of a victim of sexual assault is enough to secure a conviction, the Calcutta High Court on Friday observed that the evidence of a victim need not be tested with the same amount of suspicion as that of an accomplice. A Bench comprising Justice Shekhar B. Saraf and Justice Kesang Doma Bhutia observed that the Supreme Court in various decisions have held that barring serious exceptions, the evidence of victim of sexual assault is enough for conviction. Opining that the evidence of a victim of sexual assault need not be tested with the same amount of suspicion as that of an accomplice, the Court underscored, "A girl, who is the victim of sexual assault, is not an accomplice to the crime but is a victim of another person's lust and, therefore, her evidence need not be tested with the same amount of suspicion as that of an accomplice. Maintaining that the sole and trust worthy evidence of a woman, who is a victim of a sexual offence, is enough to find her assailant guilty. An accused guilty for committing of offence of rape, the solitary evidence of the prosecutrix is sufficient, provided the same inspires confidence and appears to be absolutely trustworthy, unblemished and should be of sterling quality." The Court further observed that the testimony of a minor sexual assault victim must be appreciated taking into account the facts and circumstances of the case. It was also noted that even if the mother of the victim turns hostile. the sole evidence of the victim if found reliable can be enough to secure a conviction. "..it has been held rape is not mere physical assault but instead destroys the whole personality of the victim. The rapist degrades the very soul of the helpless female and therefore, the testimony of the prosecutrix must be appreciated on the background of the entire case, even if the mother turns hostile", the Court observed further.

33. Perceived Unfairness Of 'Hire & Fire' Policy Substantially Diluted If Sufficient Notice Is Given To Employee To Respond To Charges

Case Title: Dr. Kausik Paul v. Seacom Skills University and Others

Case Citation: 2022 LiveLaw (Cal) 93

The Calcutta High Court has recently observed that the perceived unfairness of a 'hire and fire policy' or a clause of summary dismissal is substantially diluted if an employee is given sufficient opportunity to respond to the charges levelled. Opining that Courts intervene only if the principles of natural justice is found to have been violated, Justice Moushumi Bhattacharya observed, "The perceived unfairness of a "hire and fire" policy or a clause of summary dismissal is substantially diluted where sufficient notice is given to the employee to respond to the charges made against the employee. Courts usually intervene and rectify a situation where a clear breach of the rules of natural justice is established on fact or where the notice of termination is opaque and indecipherable in failing to disclose reasons for the sudden dismissal." The Court further opined that in several sectors, such conditions of summary dismissal may be necessary for maintaining disciplinary standards and also for ensuring the competence levels of employees. "The words "hire and fire" carry a sense of an inherent and abrupt injustice. The underlying imputation is one of summary dismissal without an opportunity of a meaningful say in the decision of dismissal. There are also several sectors where the persons are employed under the condition of a summary dismissal on the happening of certain events. In other spheres, these conditions may be seen as necessary for maintaining disciplinary standards and the competence levels of employees", the Court opined further.

34. Calcutta High Court Upholds Single Judge Order Refusing Protection From Arrest To TMC Leader Anubrata Mondal In Cattle Smuggling Case

Case Title: Anubrata Mondal v. Union of India & Ors

Case Citation: 2022 LiveLaw (Cal) 94

The Calcutta High Court upheld a Single Bench order refusing to grant protection from arrest to Trinamool Congress (TMC) leader Anubrata Mondal in the ongoing cattle smuggling case, probed by the Central Bureau of Investigation (CBI). A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj observed that the order of the Single Bench does not suffer form any error. Furthermore, the Court dismissed the plea of the appellant that he is suffering from various medical ailments due to which he is being unable to appear before the CBI for the purpose of investigation by observing that sufficient material has been placed on record to show that Mondal has been travelling to different places and had even come down to Kolkata, near the place where he was asked to appear for questioning by the CBI. "..this Court also finds substance in the arguments of learned Counsel for respondents that the plea of the appellant that he is suffering from various ailments due to which he is unable to appear for the purpose of investigation, is unsustainable as material has been placed on record to show that the appellant is travelling to different places and had even come to Kolkata, near the place where he is required to appear in pursuant to notice. Appellant is seeking the interim protection to the effect that no coercive steps should be taken against him but there is no material on record showing that any such steps are intended by the respondent", the Court observed.

35. Scope Of Discretion To Stay Award U/S 19 MSME Act Wider Than U/S 36(3) Arbitration Act: Calcutta High Court

Case Title: Bharat Heavy Electricals Limited v. Optimal Power Synergy Ltd

Case Citation: 2022 LiveLaw (Cal) 95

The Calcutta High Court has recently observed that the discretion conferred upon a Court to stay an award or a decree under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) is broader in scope compared to Section 36(3) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) where the discretion is limited to granting stay of an award subject to appropriate conditions. Justice Moushumi Bhattacharya noted that the rights of an award holder are enhanced under Section 19 of the MSME Act compared to Section 36(3) of the Arbitration Act with the object to not hasten the death of the enterprise under the weight of financial pressures aggravated by initiation of proceedings for realization of its dues from supply of materials to a buyer. "The object is to ensure that the small or medium scale enterprise survives; the object is not to hasten the death of the enterprise under the weight of financial pressures aggravated by initiation of proceedings for realization of its dues from supply of materials to a buyer. Section 19 of the MSME Act matches the object of the Act and strengthens its core by broadening the contours for stay of an award / decree compared to section 36(3) of The Arbitration and Conciliation Act, 1996 where the discretion is limited to granting stay of an award subject to appropriate conditions. There is no mandate to allow withdrawal of the amount deposited by the Award-holder", the Court observed.

36. Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals

Case Title: In Re : Guddu Mondal @ Guddu Ali Mondal & Anr

Case Citation: 2022 LiveLaw (Cal) 96

The Calcutta High Court directed the Registrar (IT) of the High Court to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before the Court for consideration of bail within 2 weeks. The direction was issued while suspending the sentence and granting bail to two accused persons who were found to have suffered inordinate incarceration for about 20 years. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi ordered, "A large number of appeals are pending in this High Court too where the appellants-convicts are incarcerating in jail for a protracted period of time. Taking judicial notice of such fact, we are of the view similar exercise ought to be undertaken in this Court also. Accordingly, we direct the Registrar (IT) to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before this Bench for consideration of bail within a fortnight."

37. SSC 'Group-D' Recruitment Scam: Calcutta High Court Upholds Single Judge Order Directing Former WBSSC Advisor To Disclose His Assets

Case Title: Dr. Santi Prasad Sinha v. Md. Abdul Gani Ansari and others

Case Citation: 2022 LiveLaw (Cal) 97

The Calcutta High Court on Tuesday upheld a Single Judge's order directing former West Bengal School Service Commission (SSC) advisor S.P. Sinha to furnish details about his properties to the Court while adjudicating upon a plea pertaining to the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the WBSSC. Justice Abhijit Gangopadhyay in the impugned order had directed S.P. Sinha, the Advisor of the School Service Commission and the Convenor of the Five-Member Committee constituted by the Education Department to disclose in an affidavit details about his assets after suspecting corruption during the recruitment of staff in different schools by the SSC in recent years. A Division Bench comprising Justice Harish Tandon and Justice Rabindranath Samanta ordered, "Taking into account the thought process behind the direction passed upon the appellant to file affidavit of assets, we do not find any element warranting interference at this stage. However, we make it clear that such affidavit of assets shall remain in a sealed cover and shall not be divulged or circulated to the litigating parties or the Counsels and shall be appropriately dealt with at the time of final decision to be taken on the issues involved therein." The time for filing such an affidavit was also extended by 5 days.

38. "Pawns In Hands Of Political Powers": Calcutta HC Reduces Sentence Of Agricultural Labourers Convicted For Assaulting Man Over Political Rivalry

Case Title: Abu Fazel Fakir & Ors v. The State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 98

The Calcutta High Court on Tuesday reduced the sentence awarded to persons concurrently convicted under Section 324 read with Section 34 of the Indian Penal Code after noting that they are mostly agricultural labourers who had fallen prey to the hands of political powers without having any knowledge about politics. Justice Bibek Chaudhuri noted that the incident had occurred in the year 2008 and that the appellants had been facing trial for the last 14 years. Opining that the appellants had suffered mental agony due to the long pendency of the instant criminal proceedings, the Court underscored, "The appellants are facing trial before the learned court below and also in this court for last 14 years. They have suffered tremendous mental agony during these years with pendency of a criminal case on their head. All the appellants are villagers, mostly maintain their livelihood as agricultural labourer. Some of the convicts are village housewives. The appellants do not know the intricacies of political ideology they become supporters of different political parties without having any knowledge about politics. They are practically preys and pawns in the hands of political powers."

39. High Drama In Calcutta HC As Single Judge Objects To Division Bench Direction To Accept Document In "Sealed Cover"

Case Title: Md. Abdul Gani Ansari v. State of West Bengal & Ors.

Case Citation: 2022 LiveLaw (Cal) 99

Justice Abhijit Gangopadhyay of the Calcutta High Court on Wednesday passed a scathing order against the observations made by a Division Bench in a case pertaining to the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the West Bengal School Service Commission (WBSSC). Justice Gangopadhyay in an order dated March 25 had directed S.P. Sinha, former Advisor of the School Service Commission and the Convenor of the Five-Member Committee constituted by the Education Department to disclose in an affidavit details about his assets after suspecting corruption during the recruitment of staff in different schools by the SSC in recent years. Against this order, an appeal had been filed before a Division Bench comprising Justice Harish Tandon and Justice Rabindranath Samanta seeking a stay. Although the Division Bench had declined to issue a stay on the impugned order and had directed Sinha to file the required affidavit, it had underscored that such an affidavit of assets should be filed before the Court in a sealed cover and should not be divulged or circulated to the litigating parties or their counsels. Recording serious displeasure against such an order by the Division Bench, Justice Gangopadhyay observed, "I do not know what this court will do with a sealed cover in this proceeding when the hand of this appeal court has been tied by the above observation. I have been prevented from taking any consequential step on going through the said affidavit of assets."

40. 'Registar Did Not Have Power To Initiate Disciplinary Action': Calcutta HC Quashes Suspension Order Of Visva Bharati University Asst. Professor

Case Title: Rajesh K.V. @ Rajesh Kaleerakath Venugopal v. Visva-Bharati & Ors

Case Citation: 2022 LiveLaw (Cal) 100

The Calcutta High Court set aside a showcase notice and the subsequent suspension of a Visva Bharati University assistant professor after observing that the Registrar (Acting) did not have the power to initiate disciplinary action against the professor. The Visva Bharati authorities had on February 24, 2021, showcaused Rajesh Kaleerakath Venugopal, assistant professor of Rabindra dance and drama at the varsity's Sangeet Bhavana, asking him to clarify why action would not be taken against him for negligence in duty and misconduct. Justice Moushumi Bhattacharya directed, "This Court is of the view that since the Registrar (Acting) did not have the power to initiate disciplinary action against the petitioner, who is an Adhyapaka of the University, the defect of jurisdiction goes to the root of the matter and nullifies all subsequent steps taken thereafter. The Charge-sheet and the order of suspension are hence without authority and should be quashed on that basis. In other words, to quote the legal maxim sublato fundamento cadit opus, if the foundation of the action is removed, the superstructure must fall". 

41. All Acquittal Orders Must Be Forwarded To DLSA & District Magistrate For Due Intimation To Victim, Must Endorse Victim's Right To Appeal: Calcutta HC

Case Title: Sabitri Bhunya v. The State of West Bengal and Others

Case Citation: 2022 LiveLaw (Cal) 101

The Calcutta High Court ordered that every order of acquittal must be forwarded to the District Magistrate and the District Legal Services Authority (DLSA) for due intimation to the victim as per Section 2(wa) of the CrPC. The Court further directed that in every order of acquittal, the concerned trial court at the foot of the judgment must endorse the right of the victim to prefer an appeal as per the proviso to Section 372 CrPC and if necessary, to avail free legal assistance through the legal services authorities concerned to prefer such an appeal. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi directed, "(a) Copy of the judgment of acquittal be forwarded to the District Magistrate and DLSA concerned for due intimation to the victim as defined under section 2(wa) of the Code of Criminal Procedure. (b) In every copy of the judgment which ends in acquittal, the trial court shall at the foot of the judgment endorse the right of the victim to prefer an appeal under proviso to Section 372 of the Code of Criminal Procedure and if necessary, to avail free legal assistance through the legal services authorities concerned to prefer and prosecute such appeal (c) Necessary steps be taken to amend the Criminal Rules and Orders and incorporate such requirement in the aforesaid Rules."

Important Developments 

1. Calcutta HC Orders CBI DIG To Enquire Into Dilution Of Charges By IO In Custodial Death Case

Case Title: Manuja Bibi v. Central Bureau of Investigation, SC-II, New Delhi & ors

The Calcutta High Court ordered an enquiry by the DIG, in charge of Special Crime Branch of the Central Bureau of Investigation (CBI) into alleged dilution of charges against accused police personnel by the investigation officer (IO) of the agency in a case of custodial death of 2013 in Hooghly district, the probe of which had been entrusted with the CBI. The case involved the alleged custodial death of one Kazi Nasiruddin at Dhaniakhali police station in Hooghly district of West Bengal back in 2013. Nasiruddin had died on January 19, 2013 after he was arrested the previous night. The High Court in May, 2013 had ordered the CBI to take over the probe into Nasiruddin's death allegedly in the custody of Dhaniakhali police station in Hooghly district. Justice Tirthankar Ghosh noted that the sections under which prosecution has prayed for framing of charges in a case of custodial death has primarily diluted the offences for which it should have been recommended by the Investigating Officer. Accordingly, the Court observed while directing the DIG to conduct an enquiry, "Under such circumstances, this court feels that the inherent powers of this Court should be exercised and an enquiry be conducted by the DIG, in charge of Special Crime Branch, CBI, New Delhi regarding the materials collected by the Investigating agency in this case, the opinion expressed by the Investigating Officer and the section for which the Investigating officer has prayed for prosecution." Opining that the investigation had been handed over to the CBI to ensure a fair and impartial probe, the Court further underscored, "The purpose of the Division Bench for sending and entrusting investigation to the CBI was with the purpose and object of having a fair and impartial investigation and to gain confidence of the public at large, so that police authorities if they exceed their authority within the campus of the police station they would be punished and penalised for the alleged offence which they have committed."

2. WB Govt Moves Calcutta High Court Against Single Judge Order For CBI Probe Into Alleged Teacher Recruitment Scam

The West Bengal government on Tuesday moved a Division Bench of the Calcutta High Court challenging a Single Bench order that had directed the Central Bureau of Investigation (CBI) to probe into the alleged illegal appointment of assistant teachers for Class 9 and Class 10 in State-run schools pertaining to the West Bengal State Level Selection Test (SLST). The Division Bench comprising Justice Soumen Sen and Justice Ajoy Kumar Mukherjee agreed to hear the plea. The Court is likely to take up the matter for hearing sometime this week. A single-judge Bench of Justice Abhijit Gangopadhyay ordered a CBI probe into the matter and further directed that the investigation should be conducted under the supervision of a Joint Director of the CBI and a preliminary report should be submitted by March 28. Earlier, the Single Bench had cancelled the appointment of six assistant teachers in Murshidabad, noting that they were illegally appointed following a recommendation by the West Bengal School Service Commission. It had also been directed that the salaries of the illegally appointed teachers should be stopped immediately.

3. Calcutta HC Seeks WB Speaker's Response In Suvendu Adhikari's Petition Challenging His Decision To Not Disqualify Mukul Roy

Case Title: Suvendu Adhikari v. Hon'ble Speaker, WB Legislative Assembly and Ors and other connected matters

The Calcutta High Court sought response from the West Bengal Legislative Assembly Speaker Biman Banerjee, TMC MLA Mukul Roy and the Secretary of Returning Officer, West Bengal Legislative Assembly in a writ petition filed by West Bengal Leader of Opposition Suvendu Adhikari challenging the West Bengal Speaker's decision to reject the petition seeking disqualification of Mukul Roy for defection from BJP to TMC. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed the concerned respondents to file their affidavit-in-opposition within 2 weeks. The reply to the affidavit-in-opposition was directed to be filed within 3 days thereafter. The matter is slated to be heard next on March 21. On July 9, Mukul Roy had been appointed as the Chairman of Public Accounts Committee (PAC) by the Speaker of the West Bengal Legislative Assembly for the year 2021-2022. The plea filed before the Court had contended that on June 11, without officially resigning from the BJP or as the MLA of Krishnanagar Uttar constituency, Mukul Roy had defected to the TMC party on June 11, 2021. Senior advocate C.S Vaidyanathan appearing on behalf of BJP MLA Suvendu Adhikari apprised the Bench that the Supreme Court vide order dated February 25, 2022 had refused to entertain a Special Leave Petition (SLP) filed by Adhikari but had given liberty to Adhikari to approach the High Court against the Speaker's decision. The Bench was further informed that considering that the term of Mukul Roy as the PAC Chairman is only for one year, the Supreme Court had asked the High Court to decide the matter within a month.

4. Calcutta HC Directs Students To Not Obstruct Functioning Of Visva Bharati University, Grants Police Protection To Management

Case Title: Visva Bharati & Anr v. State of West Bengal & Ors

The Calcutta High Court extended police protection to the Registrar, Assistant Registrar and the management of the Visva Bharati University so that they are able to carry out their day to day duties inside the campus without any obstruction from the agitating students. Reportedly, more than 200 students are currently protesting inside the University campus demanding the immediate reopening of hostels and the conduct of online examinations. The University filed the instant plea before Justice Rajasekhar Mantha alleging that students are conducting an agitation inside the University which is disturbing its normal functioning. Directing the students to not obstruct the management in any way and further granting police protection to the management, the Court underscored, "The Officer-in-charge, Santiniketan Police Station and S.P., Birbhum shall ensure and take all necessary steps so that the Registrar and Assistant Registrar and the Management of the University, are not in any way obstructed from performing their day to day functions or moving freely in the University campus and outside. This Court also directs the students in the University not to obstruct the Management in any way and ensure that the aforesaid order is complied with."

5. BJP's Plea Seeking Deployment Of Central Forces In WB Municipal Elections: Calcutta HC Adjourns Hearing To March 11 On State Gov's Request

Case Title: Pratap Banerjee v. State of West Bengal and other connected matters

The Calcutta High Court on Monday adjourned the hearing of the plea moved by Bhartiya Janata Party (BJP) seeking the deployment of central forces during the recently held elections to the 108 municipalities of the State on the ground that large scale violence had taken place during the elections to the four municipal corporations – Siliguri, Bidhannagar, Asansol and Chandernagore which took place on February 12. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj had earlier declined to entertain the plea for deployment of central forces and had instead directed the State Election Commission (SEC) to collect information in respect of the conditions prevailing in each of the Municipalities where the elections are scheduled and hold a joint meeting with the Home Secretary of the State and the Director General and Inspector General of the Police within 24 hours. The SEC had also been directed to examine the ground situation of each of the 108 Municipalities and take a decision in writing with respect to the deployment of central paramilitary forces. The matter had been listed for hearing on Monday in order to take on record the various compliance reports pursuant to the earlier directions of the Court. However, the Bench was informed by the State counsel that Advocate General S.N Mookherjee is unavailable to appear before the Court due to some personal difficulty and accordingly a short adjournment was sought. Granting the plea for an adjournment, the Division Bench adjourned the hearing of the matter to March 11.

6. Visva Bharati University Student Protests: Calcutta High Court Seeks Police Report, Orders Personal Appearance Of SP

Case Title: Visva Bharati and Anr v. State of West Bengal and Ors

The Calcutta High Court directed the Superintendent of Police, Birbhum to submit a report addressing the grievances expressed by the authorities of Visva Bharati University amid the ongoing protests by more than 200 students inside the University campus demanding the immediate reopening of hostels and the conduct of online examinations. Justice Rajasekhar Mantha had earlier granted police protection to the Registrar, Assistant Registrar and the management of the University so that they are able to carry out their day to day duties inside the campus without any obstruction from the agitating students. Taking cognisance of the grievance raised, the Court observed, "The Superintendent of Police, Birbhum shall in the meantime ensure that the University functions normally and without obstruction." The Superintendent of Police, Birbhum was also ordered to submit a physical report before the Court on the grievances raised and appear before the Court via virtual mode on March 8 at 10:30 am.

7. 'All Recommendations Signed By Him': Calcutta HC Seeks Personal Appearance Of WBSSC Ex-Chairperson Soumitra Sarkar In Teacher Recruitment Scam

Case Title: Md. Abdul Gani Ansari v. The State of W. B. & Ors

The Calcutta High Court sought the personal appearance of the former Chairman of West Bengal Central School Service Commission Soumitra Sarkar while adjudicating upon a plea alleging illegal appointment of assistant teachers in State run schools in West Bengal pertaining to the State Level Selection Test (SLST). Justice Abhijit Gangopadhyay had earlier ordered the cancellation of appointment of six assistant teachers in the Murshidabad district after noting that they had been illegally appointed pursuant to the illegal recommendation of the West Bengal School Service Commission (WBSSC). The Court had further directed that the illegally recruited teachers should not be paid any salary henceforth and further ordered that the salaries already paid to them must be recovered by the District Inspector of Schools (SE), Murshidabad. On Monday, the Court sought the personal appearance of the former Chairman of the School Service Commission, Programme Officer and the Ex-Advisor on March 9 by directing, "I direct the learned advocate for the School Service Commission to communicate this direction of personal appearance of Mr. Soumitra Sarkar, Ex-Chairman of the School Service Commission, Mr. Samarjit Acharya, Programme Officer and Mr. Shanti Prasad Sinha, Ex-Advisor on 9th March, 2022 at 2 p.m. and I also direct the petitioner to communicate this order to the School Service Commission."

8. PIL In Calcutta High Court Challenges State's Decision To Suspend Internet Services Amid Class 10 Board Exams, Govt To Respond By Tomorrow

Case Title: Ashlesh Biradar v. State of West Bengal

The Calcutta High Court sought response from the State government in a Public Interest Litigation (PIL) challenging the decision of the State government to temporarily suspend internet services in eight districts of West Bengal between March 7 and March 16. The decision was purportedly taken by the State in order to prevent mass cheating in the upcoming Class 10 State board (Madhyamik) examination. A bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed the State government to file an affidavit containing the relevant documents relied upon, by March 10 at 10:30am. Pertinently, the Advocate General apprised the Bench that a meeting of the Review Committee constituted under Rule 2(6) of the 2017 Rules is scheduled to be held on March 10 at 11am. Accordingly, the Court listed the matter for further hearing on March 10 at 2pm after directing the State government to apprise the Court about the decision taken by the Review Committee.

9. Calcutta High Court Directs Visva Bharati University To Reopen Hostels In Presence Of Police, Student Representatives

Case Title: Visva Bharati and Anr v. State of West Bengal and Ors

The Calcutta High Court directed the Visva-Bharati University authorities to immediately open hostels for its students. The Court ordered that the police should break open the locks in hostel rooms in the presence of two student representatives and other university officials. The direction was issued amid the ongoing protests by more than 200 students inside the University campus demanding the immediate reopening of hostels and the conduct of online examinations. Justice Rajasekhar Mantha had earlier sought a report from the concerned police authorities while University's concerns over obstruction of its daily functioning by the agitating students.Opining that the locks in the hostel rooms should be broken in the presence of student representatives, police personnel and university authorities, the Court directed, "The students shall nominate two representatives to such committee. The presence of the students, police and the committee members is necessary while breaking open locks of some hostel rooms." The Court further ordered that the Officer-in-Charge, Santiniketan Police Station should also depute two constables for the aforesaid purpose. It was also directed that belongings inside the rooms should be inventoried and kept in a separate place. "The rooms shall then be made ready for the students. Priority for occupation shall be given to students in terms of examination schedule i.e. those students who have examinations coming immediately shall be given priority over those students whose examinations are scheduled later", the Court specified further.

10. Calcutta HC Seeks Personal Appearance Of Doctor On The Basis Of Whose Medial Certificate Former Advisor Of WBSSC Had Declined Appearance In Teacher Recruitment Scam Case

Case Title: Md. Abdul Gani Ansari v. The State of West Bengal & Ors.

The Calcutta High Court sought the personal appearance of a doctor on the basis of whose medical certificate the former advisor of the West Bengal Central School Service Commission Prof. Santi Prasad Sinha had sought the Court's leave to not appear before it despite a prior direction to this effect. The Court was adjudicating upon a plea alleging illegal appointment of assistant teachers in State run schools in West Bengal pertaining to the State Level Selection Test (SLST). Justice Abhijit Gangopadhyay had earlier directed the former Chairman of the School Service Commission Soumitra Sarkar, Programme Officer Samarjit Achary to appear in person along with the former advisor of the Commission. On Wednesday the counsel appearing for the former advisor apprised the Court that his client is ill and further produced before the Court a medical certificate by a doctor one one Prof. (Dr.) Debasis Ray. Directing the concerned doctor to appear personally before the Court tomorrow i.e. on March 10 at 10:30am, the Court observed, "I direct the Registrar General to call the doctor over phone by 3:45 p.m. today, directing him to appear before this court personally at 10:30 a.m. tomorrow. Communication should also be made through email to the said doctor." The Court further underscored that if the doctor fails to appear before the Court then further steps would be taken to ensure his presence.

11. Alleged Violence During Contai Municipality Polls: Calcutta HC Asks ECI If It Can Conduct Forensic Audit Of CCTV Footage

Case Title: Soumendu Adhikari v. State of West Bengal

The Calcutta High Court on Friday directed the Election Commission of India (ECI) to apprise the Court whether forensic audit of CCTV cameras used during the recently concluded Contai Municipality elections can be conducted by it through some independent agency. The Court was adjudicating upon a Public Interest Litigation (PIL) petition moved by BJP leader Soumendu Adhikari alleging that large scale violence and rigging of votes had taken place in the recently concluded Contai Municipality elections. Elections to 108 municipalities in the State including the Contai municipality took place on February 27. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj had earlier refused to grant a stay on the counting of votes pertaining to the Contai Municipality elections which took place on March 2. On Friday, the counsel appearing for the ECI apprised the Court that the central authority does not have the infrastructure or any prior experience in conducting such forensic audit of CCTV footage. To this, the Chief Justice remarked, "Can you get it done in your supervision by some independent agency?" Accordingly, a short adjournment was sought by the counsel for the ECI to come back before the Court with instructions in this regard.The Court further underscored that the State Election Commission must in the meantime take all possible measures to preserve the relevant CCTV footage and other records and keep them in safe custody in order to prevent any instance of tampering.

12. 'Take Effective Steps To Secure Her': Calcutta HC Seeks Investigation Report In Habeas Corpus Plea Filed By Missing Girl's Father

Case Title: Khokan Jana v. The State of West Bengal & Ors.

The Calcutta High Court directed the concerned police authorities to take all possible steps to find out the whereabouts of a 17 year old girl who had allegedly been abducted, and further submit a report detailing the progress of the investigation. A Bench comprising Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya were adjudicating upon a habeas corpus plea filed by the father of the minor girl. It was alleged that although an FIR has been registered against the accused persons, no progress has been made in the investigation. Directing the concerned police authorities to file a report in the form of an affidavit detailing the progress of the probe before the next date of hearing, the Court observed, "We direct the respondent police to take further effective steps in securing the missing minor girl and take all steps to arrest the respondent nos.4 to 7 and produce them before this Court at the earliest." The petitioner alleged that his minor daughter aged about 17 years had been abducted by the 4th respondent, who has been actively assisted by the respondent nos.5 to 7, who are none other than the father, mother and brother of the 4th respondent.

13. Anis Khan Death: Calcutta High Court Takes On Record Status Reports Filed By SIT & District Judge

Case Title: Salem Khan v. State of West Bengal and Ors

The Calcutta High Court on Friday took on record the status report submitted by the Special Investigation Team (SIT) in the ongoing probe into the death of 28 year old student leader of West Bengal's Aliah University, Anis Khan, under mysterious circumstances at Amta in Howrah district. The Court had earlier taken suo moto cognisance of the case after terming the incident as 'grave and shocking'. Justice Rajasekhar Mantha had earlier turned down a prayer for a CBI probe and had allowed the State government-appointed Special Investigation Team to continue with its probe but under the supervision of a Howrah district judge. The Court had also ordered for a second post mortem to be conducted by the SIT under the supervision of the Howrah district judge. "The Special Investigation Team (SIT) has filed a detailed report comprising of 20 pages. Concealing the names of certain persons, disclosure whereof, the SIT thinks may prejudice the investigation, let a copy of such investigation report be made available to Mr. Bikash Ranjan Bhattacharya, learned senior advocate appearing for the petitioner", the Court recorded in its order. The Court also took on record the progress report filed by the District Judge, North 24 Parganas appointed in the matter.

14. TMC Leader Anubrata Mondal Moves Calcutta High Court Against Order Refusing Protection From Arrest In Cattle Smuggling Case

Case Title: Anubrata Mondal v. Union of India & Ors

Trinamool Congress (TMC) leader Anubrata Mondal on Monday moved a Division Bench of the Calcutta High Court against a Single Bench order wherein he had been denied any relief from appearing before the Central Bureau of Investigation (CBI) in Kolkata for questioning in the ongoing cattle smuggling probe. Mondal had moved a Single Bench of the High Court pursuant to the issuance of a CBI notice under Section 160 of CrPC directing him to appear before its investigating team for questioning in the CBI office at Nizam Palace, Kolkata. He had declined to appear before the CBI on three prior occasions citing various medical ailments. Mondal had also requested for the questioning to take place at a place nearer to his residence considering the ongoing pandemic. Justice Rajasekhar Mantha had dismissed the plea of Mondal after noting that he had travelled outside Bolpur on several occasions and that his aliments as examined by the Medical Board are not that serious that would requirement confinement to his home or a hospital. "Having carefully heard the submissions of the parties, this Court notes that indeed the petitioner has been traveling outside Bolpur and on a couple of instances traveled all the way to Howrah. He has appeared in Kolkata before the Medical Board, the ailments referred to by the Medical Board are not as serious as to require the petitioner to remain confined to his home or a hospital", the Court had recorded. The Court had further observed that the instant case does not warrant an interference under Article 226 of the Constitution of India as an alternate remedy is available under Section 438 of CrPC.

15. Anis Khan Death: Calcutta High Court Orders SIT To Complete Investigation Within 1 Month

Case Title: Salem Khan v. State of West Bengal and Ors

The Calcutta High Court has directed the Special Investigation Team (SIT) to complete investigation into the death of student activist Anis Khan within 1 month. Anish Khan was found dead at his home in Amta block in Howrah district in the early hours of Saturday, February 19, 2022 under mysterious circumstances. The Court had earlier taken suo moto cognisance of the case after terming the incident as 'grave and shocking'. On Monday, Justice Mantha directed the SIT to complete investigation into the case within 1 month without any delay following which the Court would take a decision as to whether the investigation is required to be handed over to the CBI. Opining that it is expected that the investigating agency will conclude its investigation expeditiously the Court adjourned the hearing to April 18 and further remarked, "Let this matter stand adjourned and be listed on April 18, 2022. It is expected that the investigation will be completed in the meantime. Extension of time shall not be considered except for reasons completely beyond the control of the Investigating Agency." Justice Mantha further observed that the SIT should function without any external interference. Directing the concerned forensic laboratories to submit the forensic reports to the SIT within a period of 1 week, the Court observed further, "It is submitted that FSL and CFSL reports are awaited by the Investigating Agency. The laboratories and/or institutions preparing the reports, are requested to expedite the process and ensure such reports positively reach the SIT within a period of one week from date."

16. Calcutta High Court Directs Police To Ensure Presence Of Lawyer Who Allegedly Misled Court To Secure Client's Bail, Fled Upon Confrontation

Case Title: In the matter of : Ansar Ali @ Md. Ansar Ali

In an unprecedented development, the Calcutta High Court directed the concerned police authorities to ensure the presence of a lawyer who had allegedly tried to mislead the Court while seeking bail for an accused. Such an order was issued after the lawyer had left the Court premises during recess and had failed to appear before the Court post recess to continue with his submissions despite the Court's direction to this effect. A Bench comprising Justice Debangsu Basak and Justice Bibhas Ranjan De recorded in the order that prior to recess, advocate Arindam Roy had been asked to appear and make his submissions. However, he had requested the Bench for further time and had therefore been directed to come back post recess at 2pm to continue with his submissions. However, post recess, the Bench was surprised to learn that advocate Arindam Roy had left the Court's premises during recess. Directing the police authorities to ensure his presence on the next date of hearing, the Court directed, "The Court is informed that Mr. Arindam Roy left the Court premises during recess. He is not appearing now...In such circumstances, the police are requested to ensure the presence of Mr. Arindam Roy, Advocate in Court on the next date." The Court further underscored that given the serious allegations levelled against him by the State it would be appropriate to grant him an opportunity to explain his conduct and accordingly observed, "In view of the serious allegations levelled against him and in view of the affidavit filed on behalf of the State relating to the case, it would be appropriate to grant an opportunity to Mr. Arindam Roy, Advocate to appear and explains his conduct. Given his conduct his presence should be ensured."

17. PIL In Calcutta High Court Seeks Probe Into Mid-Air Turbulence In WB CM Mamata Banerjee's Flight, Centre's Response Sought

Case Title: Biplab Kumar Chowdhury v. Union of India and Ors

The Calcutta High Court sought response from the Union of India as well as the State government in a Public Interest Litigation (PIL) petition seeking a probe into the incident of mid-air turbulence experienced by Chief Minister Mamata Banerjee's chartered flight on March 4. On March 4, Banerjee was returning to Kolkata from Varanasi after an election campaign. She boarded a chartered flight but faced air turbulence just before landing at the Netaji Subhas Chandra Bose International airport. The Chief Minister reportedly suffered injuries in her back after the incident subsequent to which the doctors had advised her to take rest. The counsel appearing for the petitioner apprised a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj that whenever the Chief Minister flies out of the State, there is some or the other problem faced by her aircraft thereby jeopardising her health and security. The Bench was further informed that on March 4, the aircraft in which the Chief Minister was travelling had dipped close to 8,000 ft. in a matter of seconds causing serious injuries to the Chief Minister. Taking cognizance of the grievance raised, the Court directed the Union of India as well as the State government to obtain instructions in the matter and accordingly listed the matter for further hearing on April 25. The petitioner was also directed to serve a copy of the petitioner to the Advocate General.

18. 'Legislative Proceedings Immune From Court's Scrutiny': WB Speaker Questions Maintainability Of Plea Against Dismissal Of Mukul Roy's Disqualification

Case Title: Suvendu Adhikari v. Hon'ble Speaker, WB Legislative Assembly and Ors and other connected matters

The Calcutta High Court took on record the affidavits-in-opposition filed by West Bengal Legislative Assembly Speaker Biman Banerjee, TMC MLA Mukul Roy and the Secretary, West Bengal Legislative Assembly in a writ petition filed by West Bengal Leader of Opposition Suvendu Adhikari challenging the West Bengal Speaker's decision to reject the petition seeking disqualification of Mukul Roy for defection from BJP to TMC. The counsel appearing for the petitioner prayed before a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj to grant 2 days extension of time to file the reply to the affidavits-in-opposition. Furthermore, the Bench recorded in the order that the Supreme Court vide order dated February 25, 2022 had directed the High Court to decide the matter within a month after refusing to entrain a Special Leave Petition (SLP) filed by Adhikari against the Speaker's decision. In the affidavit-in-opposition filed by the Speaker, WB Legislative Assembly it has been averred that the instant petition is not maintainable due to the bar imposed under Article 212 of the Constitution which immunises proceedings inside the Legislature from being challenged in a Court of law on the ground of irregularity of procedure. Furthermore, it has been stipulated that pursuant to Article 212(2) of the Constitution, even an erroneous decision or interpretation of the Rules of procedure by Officers including the Speaker and members cannot be made the subject-matter of scrutiny in a Court of law. "The High Court cannot be a court of revision against the Legislature or the Speaker's ruling with respect to proceedings within the House", it was averred further.

19. 'Political Stunt': PIL Filed In Calcutta HC Against WB Govt's Decision To Introduce Uniform With 'Biswa Bangla' Logo In State-Run Schools

Case Title: Soumen Halder v. The State Of West Bengal & ors

A Public Interest Litigation (PIL) has been filed before the Calcutta High Court against the decision of the West Bengal government to introduce blue-and-white coloured uniforms for students in all State-run schools which will also feature the 'Biswa Bangla' logo. According to a notification dated March 16 issued by the Paschim Banga Samagra Siksha Mission, students of all government, semi-government and government-aided schools in Bengal will have a common uniform in a blue and white colour scheme which will also feature the Bengal government's 'Biswa Bangla' logo. The 'Biswa Bangla' campaign was launched to promote the sale of traditional Bengali handicrafts and textiles and it was adopted as the State logo in January 2018. The PIL filed by advocate Rajneel Mukherjee seeks an interim stay of such a notification and furthers avers that encryption of logos in the uniforms of students is a 'political stunt' by the TMC-led government. The PIL also questions the basis for introduction of such a uniform by contending that Biswa Bangla is a MSME initiative to promote the handicrafts, textile and clothing work of Bengal and hence the imposition of the Biswa Bangla logo on uniforms of students in government run institutions is unjustified.

20. Calcutta High Court Takes Suo Moto Cognisance Of Birbhum Massacre, Hearing At 2pm Today

The Calcutta High Court on Wednesday took suo moto cognisance of the incident of Rampurhat violence that erupted in the Birbhum district in the State of West Bengal. Shortly after the alleged murder of a Trinamool Congress deputy panchayat chief at Bogtui village in Birbhum district, violence broke out in Rampurhat A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Wednesday agreed to take suo moto cognisance of the matter and further averred that the Bench would hear the matter at 2pm today i.e. on March 23. Meanwhile, a Public Interest Litigation (PIL) petition was also filed on Tuesday seeking an investigation by either the Central Bureau of Investigation (CBI) or the National Investigation Agency (NIA) into the incident of Rampurhat violence. The PIL filed by advocate Anindya Kumar Das seeks a probe by either the CBI or the NIA by averring that a 'serious law and order problem' has been created at Rampurhat and that public at large is lying at the mercy of local goons as the State police authorities have failed to abate the ongoing violence.

Also Read: 'Police Totally Inactive, People At Mercy Of Goons': PIL Filed In Calcutta High Court For CBI/NIA Probe Into Rampurhat Violence

21. 'Sole Responsibility Of State Election Commission': ECI Declines To Conduct Forensic Audit Of CCTV Cameras Used In Contai Municipality Polls

Case Title: Soumendu Adhikari v. State of West Bengal

The Election Commission of India (ECI) on Wednesday declined to conduct the forensic audit of CCTV cameras used during the recently concluded Contai Municipality elections through some independent agency. The Court was adjudicating upon a Public Interest Litigation (PIL) petition moved by BJP leader Soumendu Adhikari alleging that large scale violence and rigging of votes had taken place in the recently concluded Contai Municipality elections. Elections to 108 municipalities in the State including the Contai municipality took place on February 27. The counsel for the ECI submitted before the Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj a communication sent by the Under Secretary of the ECI stipulating that the ECI has no prior experience in conducting such forensic audit of CCTV camera which is stated to be a specialised function. Furthermore, the ECI placed reliance on the Supreme Court judgment in State of Goa v. Fouziya Imtiaz Shaikh to contend that it is the sole responsibility of the State Election Commission (SEC) to supervise and conduct elections by carrying out its Constitutional mandate. It was further averred that the SEC has also been given the responsibility to fill in the gaps when there is no existing law or Rules governing a matter pertaining to the conduct of elections. Thus, the ECI declined the request to conduct a forensic audit of the CCTV footage through an independent agency.

22. Birbhum Massacre - Ensure Witnesses Are Protected, Install CCTV Cameras At Crime Scene : Calcutta High Court Directs

Case Title: The Court on its own Motion In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum

The Calcutta High Court on Wednesday, while adjudicating upon the suo moto petition related to the the incident of Rampurhat violence in Birbhum district directed the State government to immediately install CCTV cameras with adequate storage facilities covering all angles of the scene of the crime in the presence of the District Judge, Purba Bhurdawan. The Court further directed the Central Forensic Science Laboratory (CFSL) to visit the the scene of the crime and collect necessary evidence for forensic examination without any delay. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj on Wednesday observed that the suo moto petition has been registered to ensure that fair investigation takes place and those who are responsible for the incident are traced out and adequately punished by following due process of law. Declining the prayer for a probe by the Central Bureau of Investigation (CBI), the Court observed that an opportunity should first be granted to the State investigating authorities to produce the case diary and other relevant documents before the Court by 2pm tomorrow i.e. on March 24. "We at the first instance give an opportunity to the State to produce the case diary/ report about the investigation by tomorrow 2 PM. Report relating to investigation done until now to be produced by 2 PM on 24 March," the Court directed. Extending police protection to the vulnerable witnesses, the Court further directed, "Director General of Police and Inspector General of Police in consultation with District Judge, Purba Bardhaman district should ensure that witnesses are adequately protected and not threatened or influenced by anyone".

23. WB Post Poll Violence: Calcutta HC Allows Impleadment Of NHRC, WBHRC To Consider Constitution Of 2 Member Committee To Address Complaints Of Alleged Victims

Case Title: Anindya Sundar Das v. Union of India and other connected matters

The Calcutta High Court on Thursday allowed the impleadment of the National Human Rights Commission (NHRC) and the State Human Rights Commission in order to constitute a two-member Committee to address the grievances of alleged victims of violence that had taken place post the declaration of the West Bengal assembly elections in May 2021. The Court vide order dated August 19, 2021 had handed over to the Central Bureau of Investigation (CBI) the investigation of cases related to murder, rape and crime against women whereas a Special Investigation Team (SIT) had been constituted to investigate other criminal cases related to post-poll violence. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajrashi Bharadwaj on the last date of hearing had taken on record a detailed affidavit filed by advocate Priyanka Tibrewal, petitioner appearing in person, wherein the names and contact details of 303 alleged victims of post-poll violence had been enumerated. She had further prayed before the Bench to constitute a committee of two Members, one from the NHRC and the State Human Rights Commission so that further affidavits and complaints can be placed before them and the real position can be ascertained by the constituted Committee. On Thursday, the Court allowed the petitioner to implead both the NHRC and the State Human Rights Commission in the instant proceedings. Accordingly, the petitioner was directed to implead the NHRC and the State Human Rights Commission within 2 days.

24. Contai Municipality Polls| 'Constitutional Bar': SEC & WB Gov Opposes BJP's Prayer Seeking Forensic Audit Of CCTV Cameras By CFSL

Case Title: Soumendu Adhikari v. State of West Bengal

The West Bengal government and the State Election Commission on Tuesday opposed the prayer of the BJP that a forensic audit of the CCTV cameras used during the recently concluded Contai Municipality elections should be conducted by an independent agency such as Central Forensic Science Laboratory (CFSL), New Delhi. The Calcutta High Court was adjudicating upon a Public Interest Litigation (PIL) petition moved by BJP leader Soumendu Adhikari alleging that large scale violence and rigging of votes had taken place in the recently concluded Contai Municipality elections. Elections to 108 municipalities in the State including the Contai municipality took place on February 27. On Tuesday, senior advocate Paramjit Patwalia appearing for Adhikari prayed before the Court that a forensic audit of the CCTV cameras should be conducted by a central agency such as the CFSL, New Delhi. He further submitted that it must be discerned whether the CCTV cameras were operational and whether any violence took place as alleged. However, such a prayer was vehemently objected to by senior advocate Jayanta Mitra appearing for the SEC by contending that since the main prayers in the writ petition cannot be granted due to the constitutional bar under Article 243-ZG (b) of the Constitution of India, a direction for issuing interim orders can also not be sustained. Article 243-ZG (b) prohibits any election to any municipality to be called in question except by way of an election petition filed before the appropriate authority.

25. Murder Of Congress Councillor Tapan Kandu| Calcutta HC Directs Police To File Case Diary & Status Report, Grants Police Protection To Nephew

Case Title: Purnima Kandu & Anr v. State of West Bengal

The Calcutta High Court directed the Superintendent of Police, Purulia to submit the case diary and a brief status report pertaining to the investigation into the death of former Congress councillor of Jhalda Municipality in Purulia, Tapan Kandu who was reportedly shot dead by miscreants a fortnight ago. Justice Rajasekhar Mantha was adjudicating upon a plea moved by the widow of the deceased Councillor seeking a CBI probe on the ground that no progress in the investigation has been made by the State investigating authorities."This Court prima facie finds that the Jhalda Police might have been in violation of the dicta of the Supreme Courtin the case of Lalita Kumari vs. Govt. Of U.P. & Ors reported in (2014) 2 SCC 1. However, unless the progress of investigation is ascertained, it would be premature to form any opinion on the main prayer made in the writ petition for transfer of the investigation from the State Police to CBI", the Court observed. The Court further ordered the Superintendent of Police, Purulia to submit the case diary and the status report on the next date of hearing which is slated to take place on April 1, 2022. 

26. 11-Yr Old Raped In WB's Basirhat: Calcutta High Court Calls For Case Diary, Seeks Medical Report

Case Title: Sumitra Bhattacharyya v. State of West Bengal and other connected matters

The Calcutta High Court on Thursday directed the State government to submit the case diary along with a status report pertaining to the investigation into the gruesome incident of rape of a minor 11 year old girl at Matia in North 24-Parganas' Basirhat on the next date of hearing that is to take place on April 4. The Court further ordered that a report should also be submitted informing the Court about the current medical condition of the minor victim. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed Advocate General S.N Mookherjee to produce before the Court a report in the form of an affidavit containing the stage and status of investigation into the incident. The Bench further called for the case diary to be filed before the Court on the next date of hearing that is slated to take place on April 4. "Having regard to the seriousness of the matter, we direct the learned Advocate General to produce the report in the form of affidavit about the stage and status of the investigation along with the case diary. He is also directed to produce a report relating to the medical condition of the victim", the Court ordered.

27. 'One Of The Kingpins Of This Corruption': Calcutta HC Orders CBI To Interrogate Former WBSSC Advisor By Tonight In SSC 'Group D' Recruitment Scam

Case Title: Laxmi Tunga v. The State of West Bengal & Ors.

Justice Abhijit Gangopadhyay of the Calcutta High Court on Thursday has once again ordered a probe by the Central Bureau of Investigation (CBI) into the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the West Bengal School Service Commission (WBSSC). The Judge on Thursday directed the regional head of the CBI to call upon S.P. Sinha, former Advisor of the School Service Commission in course of the day and start questioning him. The CBI has been directed to initiate the interrogation by midnight. Opining that the former advisor of the Commission has been found to be 'one of the kingpins of this corruption', the Court ordered, "In such circumstances a thorough probe is required to bust the racket of giving illegal appointments. I have found from other similar matters that the said Dr. Santi Prasad Sinha as one of the kingpins of this corruption of giving illegal public appointment. Hence, I direct the regional head of the Central Bureau of Investigation to call Mr. S. P. Sinha in course of the day and start questioning him. The CBI is directed to initiate the said interrogation in course of the day - I mean by 12 midnight today."