Secured Creditor Can Seek Physical Possession Of Immovable Property U/S 14 Of SARFAESI Act Even After Sale: Calcutta HC

The Calcutta High Court bench of Justices Debangsu Basak and Md. Shabbar Rashidi has held that a secured creditor can seek physical possession of an immovable property under section 14 of the SARFAESI Act even after the sale of that property to a purchaser.The present appeal has been filed against an order passed by the Single Judge in a Writ Petition by which the SBI was refused...

State Refusing To Take Responsibility For Smooth Functioning Of Bengali Film Industry, Trying To Wash Its Hands Off: Calcutta High Court

'It appears that the political parties are heavily upon the State, and the Principal Secretary is also not in a position to take a decision in the matter,' the court said.

Calcutta High Court Questions Delhi Police Over Alleged Deportation Of Bengali Migrant Family To Bangladesh Within 2 Days Of Detention Order

The Calcutta High Court has questioned the Delhi police over the "hasty" deportation of a Bengali-migrant family from Birbhum district to Bangladesh within 48 hours of a detention order being passed against them.The questions were raised by a division bench of Justices Tapabrata Chakroborty and Reetobroto Kumar Mitra.Ashok Kr Chakraborty, the Additional Solicitor General appearing for...

Calcutta High Court Dismisses Plea Challenging Alleged Despicable Portrayal Of Freedom Fighter Gopal Patha In 'The Bengal Files' Movie

The Calcutta High Court on Monday (September 8) dismissed a writ petition filed by the grandson of freedom fighter Gopal Chandra Mukherjee alias 'Gopal Patha' challenging the alleged despicable portrayal of his grandfather in director Vivek Agnihotri's latest film 'The Bengal Files'.Justice Amrita Sinha in her order said:"Petitioner intended to obtain certain information under RTI. The...

Freedom Fighter Gopal Patha's Grandson Moves Calcutta High Court Against Alleged 'Dishonourable' Portrayal Of Grandfather In Bengal Files Movie

The plea also challenges the film’s director Vivek Agnihotri’s position on the board of the CBFC and seeks his stepping aside till the matter is decided.

Counterclaim In Arbitration Cannot Be Allowed After Commencement Of Claimant's Evidence: Calcutta High Court

The Calcutta High Court bench of Justice Hiranmay Bhattacharyya has held that a counterclaim in arbitration proceedings cannot be allowed after the commencement of the claimant's evidence, as doing so would cause serious injustice to the other party. The present petition has been filed under Article 227 of the Indian Constitution against an order passed by Arbitrator by which...

[S.483(2) BNSS] Calcutta High Court Suspends Bail Granted To POCSO Accused By Trial Court Without Hearing Victim

The Calcutta High Court has suspended the bail granted to a man accused under the POCSO Act, by the trial court, after finding that the bail had been granted without hearing the victim in the case.Justice Bivas Pattanayak held: "In the present case, undisputedly, the informant/victim was not notified about the bail application filed by the opposite party no.2 and, therefore, there is factually...

Calcutta High Court Stays Labour Dept Notification Disqualifying Retired Workers From Holding Offices In Trade Unions

The Calcutta High Court has stayed a notification by the State's Labour department, disqualifying retired workers from holding offices in trade unions.The order was passed by Justice Shampa Dutt (Paul).A writ petition was filed by the Federal Chatkal Mazdoor Union had challenged Notification No. 41/Misc02/2025 dated 08.04.2025 issued by the Registrar of Trade Unions, Government of West...

Writ Court Is Empowered To Direct Article 12 Authority To Release Admitted Dues For Work Done To Satisfaction Of Authority: Calcutta High Court

The Calcutta High Court bench of Justice Aniruddha Roy has held that once a Work Order is issued and the work is completed to the satisfaction of an authority falling under Article 12 of the Constitution of India, it becomes mandatory for the authority to release the payment. Failing this, the Court, in exercise of its jurisdiction under Article 227 of the Constitution, can direct...

Section 94 BNSS Is 'Supplementary Tool' For Seeking Production Of Documents During Probe To Prevent Failure Of Justice: Calcutta High Court

The Calcutta High Court has held that the objective of Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is to confer power to seek production of evidence deemed relevant for conducting of investigation, and which are not already on record.Justice Tirthankar Ghosh held: "The ultimate object behind Section 94 of BNSS is to confer power in the hands of the Court or in case of...

Expecting Educated & Earning Wife To Contribute To Household Expenses Is Not Cruelty: Calcutta High Court

The Calcutta High Court has quashed cases filed by a wife against her husband and in-laws, accusing them of cruelty under Section 498A the Indian Penal Code, and under various sections of the SC/ST Act and Juvenile Justice Act.Justice Ajay Kumar Gupta held: "The opposite party no. 2 is an educated and earning woman, and the routine expectations of contributing towards household expenses,...

Calcutta High Court Dismisses PIL Seeking CBI Probe Into Alleged Fraudulent Grant Of Caste Certificates Over Last 15 Yrs

The Calcutta High Court has dismissed a public interest litigation by the petitioners, seeking the cancellation of the caste certificates granted to the respondents, and for a CBI probe into the allegedly irregular grant of caste certificates by the state over the last 15 years.A division bench of Justices Sujoy Paul and Smita Das De held: "As analyzed above, the petitioners not only have...