RG Kar Rape-Murder | Victim's Parents Move Calcutta High Court Against CBI Probe, Seek Fresh Investigation

In another development arising from the brutal rape and murder of a trainee doctor at Kolkata's RG Kar medical college and hospital, the parents of the victim girl have moved the Calcutta High Court challenging the CBI probe into the incident and seeking a fresh investigation into the case.Notably, while the trial against the main accused Sanjoy Roy is ongoing before the trial court, two...

Regulatory Measures Under GST Laws Necessary To Prevent Tax Evasion, Not Violative Of Fundamental Right To Trade: Calcutta High Court

The Calcutta High Court has held that regulatory measures under the Goods and Services Tax Act cannot be labeled as violative of an assessee's right to trade/ business under Article 19(1)(g) of the Constitution. Justice Rajarshi Bharadwaj reasoned that such regulatory measures are “necessary to ensure compliance and prevent tax evasion”. The observation comes in a petition filed...

Constitutional Right To 'Property' Must Be Understood In Context Of State's 'Eminent Domain': Calcutta High Court

The Calcutta High Court has held that the right of eminent domain exercised by a state for the larger public interest would prevail over the constitutional right to property of private landowners under Article 300A of the Constitution.While allowing the authorities to acquire the petitioner's premises for metro railway construction, Justice Aniruddha Roy held:The right guaranteed under...

Calcutta High Court Disallows Protest Seeking To Block Railways & Highways Demanding Benefits For Santhali Tribal Community

The Calcutta High Court on Tuesday declined to allow a protest by a social welfare organisation seeking to agitate rights of tribal people, particularly the Santhali community. The organisation had sought to undertake a 'rail and road roko' protest by blocking railways and national highways on 20th December to get the state government to give into their demands such as inter alia establishment...

Purchaser Of Property Requesting Tenants To Vacate Or Face Eviction Not Guilty Of 'Criminal Intimidation': Calcutta High Court

The Calcutta High Court has quashed a case of criminal intimidation under Section 506 IPC initiated by tenants against the purchaser of a property who had asked the tenants to vacate the premises or face eviction.Justice Shampa (Dutt) Paul held: It is for the respondent no. 2/complainant Garg to file a civil suit. Initiation of the criminal process for oblique purposes, is bad in law and...

Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court

The Calcutta High Court has held that in cases for providing compassionate employment, it is 'reprehensible' to consider the source of inception of a child's birth and discriminate against those who may have been born from a void marriage.Justice Ananya Bandopadhyay held: "The objective to grant compassionate appointment to redress financial constraints occasioned in a family in the event of...

Casual Workers Not Appointed Against Valid Sanctioned Post, Can't Be Regularized: Calcutta High Court

A division bench of Calcutta High Court comprising of Justice Debangsu Basak & Justice Md. Shabbar Rashidi held that the casual workers who were not appointed against a valid sanctioned post cannot be appointed on a regular post. Background Facts The appellant was appointed as casual driver on the basis of no work no pay at a fixed remuneration with effect from November 1,...

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry.Justice Ajoy Kumar Mukherjee noted that the accused man had been married to the deceased for nearly 15 years, and they had two children together. However, when the deceased committed suicide in 2021, he was accused...

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. Justice Shampa (Dutt) Paul found that the complainant had gotten into a physical relationship with the accused in 2013, and continued it till 2018, after which she filed a complaint in 2020. The court said:From the said materials, in the case diary, this...

State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court

The division bench in the Calcutta High Court, comprising Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta held that the state is not entitled to recover excess amount paid to a retired officer if that amount was paid to the employee due to mistake on the state's part. Background facts of the case The petitioner was originally in the Indian Air force (IAF). Later, he retired...

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa (Dutt) Paul held: The allegations in both the cases arise out of...

Calcutta High Court Weekly Round-Up: 2nd December To 8th December, 2024

NOMINAL INDEXAyan Sil v/s. Enforcement Directorate Kolkata Zonal Office-II Citation: 2024 LiveLaw (Cal) 261LOB DAS VS. THE STATE OF WEST BENGAL & ANOTHER Citation: 2024 LiveLaw (Cal) 262DR. SWAPAN DASGUPTA AND ANR VS STATE OF WEST BENGAL AND ORS Citation: 2024 LiveLaw (Cal) 263MR. PROJAY SINGHA ROY VS RAJASTHAN FERTILIZERS & CHEMICAL CORPORATION LIMITED Citation: 2024 LiveLaw...