Calcutta High Court
Calcutta High Court Grants Interim Relief To School Secretary Booked Under PoSH Act For Calling Colleague 'Faltu'
The Calcutta High Court has granted interim relief to the Secretary of St. Stephens School, Dumdum, (“petitioner”) in a case involving his termination on the basis of a complaint made by a female colleague under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”), alleging that he referred to her as “faltu meye.”In directing...
Saradha Chit-Fund Scam: Calcutta High Court Permits TMC Leader Kunal Ghosh's Travel To Spain As Bengal Global Business Summit Delegate
The Calcutta High Court has recently allowed an application for relaxation of bail conditions moved by Trinamool Congress (TMC) leader and journalist Kunal Ghosh, an accused in the Saradha Chit-fund scam.Ghosh, who had been selected as a delegate in the Bengal Global Business Summit 2023, had prayed for the Court’s permission for foreign travel to Madrid and Barcelona, accompanying West...
Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction
The Calcutta High Court recently dismissed an appeal filed by a husband (“appellant no 1”) and his brother (“appellant no 2”) who were convicted by the trial court under Section 498A and 304B of the IPC, for causing the ‘dowry death’ of the victim, who poisoned herself and her daughter in her matrimonial home.In upholding the duo’s conviction, a single-bench of Justice...
Wife’s Claim For Restoring Marital Rights Without Withdrawing ‘Vexatious Criminal Complaint’ Doesn't Mitigate Cruelty Suffered By Husband: Calcutta HC
The Calcutta High Court recently upheld a decree of divorce granted by the trial court in favour of a husband, who claimed divorce on the grounds of ‘cruelty’ suffered by him at the hands of his wife.In dismissing the appeal of the wife for restoration of marital rights, a division bench of Justice Rajasekhar Mantha and Justice Supratim Bhattacharya held:The FIR lodged by the...
Calcutta High Court Monthly Digest - August 2023
Citations: 2023 LiveLaw (Cal) 203 To 2023 LiveLaw (Cal) 255 NOMINAL INDEXNigrani Sansthan Vs State Of West Bengal And Ors. 2023 LiveLaw (Cal) 203The West Bengal Small Industries Development Corporation Limited WBSIDC Vs. Kaushalya Infrastructure Development Corporation Limited KIDCO 2023 LiveLaw (Cal) 204Sulekha Chatterjee & Anr. Union Of India & Ors 2023 LiveLaw (Cal) 205Susanta Ghosh...
Midnight Calls & Visits To Victims, Particularly Of Sexual Assault Violates Privacy, Dignity: Calcutta High Court Slams Lake Police Officers
In a suo moto motion, the Calcutta High Court has expressed severe condemnation over the conduct of police officers from the Lake Gardens and Narendrapur Police Station who were probing a case involving a gang rape victim.In reprimanding the police officers for making midnight calls and visits to the victim and in enlarging on bail someone who had attempted to influence her to drop the case,...
‘Fishing & Roving Inquiry’ On Plausible Defence Not Acceptable At Revisional Stage: Calcutta HC Refuses To Quash Abetment Of Suicide Case
The Calcutta High Court has refused to quash criminal proceedings against the petitioner, who along with 4 other accused, was charged with offence of abetment of suicide under Section 306 IPC, based on a complaint filed by the opposite party no 2, accusing them of causing “severe mental trauma” to her husband, leading to him taking his own life. In directing for the matter to proceed...
WhatsApp Messages By Daughter-In-Law After Lodging FIR Shows Relationship With In-Laws Was Normal: Calcutta High Court Quashes 498A Case
The Calcutta High Court has quashed criminal proceedings against the petitioners, who were accused by their daughter-in-law (“opposite party no 2”) of conspiring to beat her up on several occasions. Justice Shampa (Dutt) Paul noted that the daughter-in-law's claims were not supported by any medical evidence and that she was being treated for mental illnesses, due to which on several...
Lawyer-Client Privileged Communication; GST Dept. Can’t Issue Notice To Lawyer : Calcutta High Court
The Calcutta High Court has held that the GST department cannot issue notice to the advocate appearing on behalf of the assessee.The bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that Sections 126 and 129 of the Evidence Act protect communications between a lawyer and a client made during the lawyer's employment. It is a settled legal position that...
Calcutta High Court Dismisses 'Contradictory' Plea Seeking Both Compensation & Possession Of Land Acquired By Govt 52 Yrs Ago
The Calcutta High Court has dismissed as being 'patently illegal', a plea filed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“LARR”) seeking compensation for and restoration of possession of a land acquired 52 years ago.In dismissing the writ petition, a single-bench of Justice Shekhar B Saraf held:I am amazed that...
Authority’s "Paranoia" Not Sufficient For Issuance Of Look-Out Circulars Curtailing Individual Liberty: Calcutta High Court
The Calcutta High Court has observed that the mere paranoia of Authorities whenever a person against whom any allegations are levelled seeks to leave the country, cannot be sufficient grounds for issuance of a lookout circular (“LOC”), which curtails the individual’s liberty to travel abroad.Quashing the LOCs issued against the two petitioners, a single-bench of Justice...
Rape-Accused Cannot Plead Insanity Merely Because Locals Called Him “Mad”, Survivor’s & Doctor’s Evidence Crucial: Calcutta High Court
The Calcutta High Court has dismissed the appeal preferred by a man convicted under Section 9 of the POCSO Act, for committing rape on a 9-year-old girl at her school.In holding that the testimony of the minor, as well as medical evidence regarding the accused’s stable mental state could not be ignored merely because appellant was referred to as ‘pagol’/’mad’ by local persons,...