Calcutta High Court
Do Social Good To Countenance Your Acts: Calcutta High Court Utilises Contempt Jurisdiction To Order Plantation Of Trees
The Calcutta High Court has recently utilised its contempt jurisdiction to direct those in violation of the Court’s orders to contribute towards social and ecological good.In directing the contemnors to pay costs of Rs 25,000 each, to one Gram Samriddhi Foundation for utilisation in the furtherance of sustainable rural development and prosperity of villages in Bengal, as well as to plant...
'Mother's Evidence The Best Evidence In Such Cases': Calcutta High Court Upholds Man's Conviction For Committing ‘Unnatural Offences’ On 3-Yr-Old
The Calcutta High Court has dismissed the appeal of a man accused of committing unnatural offences (under Section 377 of the IPC) on his 3-year-old neighbour, upon the prosecution having established his guilt beyond a reasonable doubt. Justice Shampa Dutt (Paul) observed that the evidence rendered by the child’s mother would be the ‘best evidence’ in such cases."A mother’s evidence in...
Payment Of Interest On Cash Loan Falls Within The Ambit Of Unexplained Expenditure: Calcutta High Court
The Calcutta High Court has held that the payment of interest on a cash loan falls within the ambit of unexplained expenditure within the meaning of Section 69C of the Income Tax Act.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that it cannot be stated that the order passed under clause (d) of Section 148 is a non-speaking order, nor can the order...
Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court
The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently held that cruelty contemplated u/s 498A would be different from general matrimonial disturbances faced by a couple, and that general allegations could not be made to establish a crime u/s 498A.In upholding the appellant’s conviction u/s 323 IPC for voluntarily causing hurt to his wife, while discharging him u/s 498A IPC,...
13-Year-Old Rape-Survivor’s Desertion By Parents Unfortunate, Duty Of Society At Large To Provide Adequate Care: Calcutta High Court
The Calcutta High Court has recently allowed a plea by a 13-year old rape survivor for medically terminating her 26-week pregnancy and issued directions on the Child Welfare Committee, Purba Mednipur (“CWC”) to provide her younger sibling, and herself with all necessary assistance since they had been deserted by their migrant labourer-parents.In allowing the minor’s plea, a single-bench...
Take Prompt & Necessary Action: Calcutta High Court Directs State To Initiate Proceedings Against Teacher-Recruitment Scam Beneficiaries
The Calcutta High Court recently directed the West Bengal Board of Primary Education to take appropriate steps against beneficiaries in the infamous Teacher-Recruitment scam, identified in a list produced by the Central Bureau of Investigation (“CBI”) and Enforcement Directorate (“ED”) upon earlier orders of the Court.In perusing the list of names produced by the CBI and ED,...
‘Highly Belated Petition’: Calcutta High Court Dismisses PIL For CBI Inquiry Into Alleged Misappropriation Of Tribal Land
The Calcutta High Court has recently dismissed a PIL challenging agreements through which land allotted to scheduled tribe communities had been allegedly “grabbed” for illegally constructing a housing complex in Bidhannagar.A division bench of Chief Justice T.S. Sivgananam and Justice Hiranmay Bhattacharya refused to allow the return of land and a CBI inquiry into their transfer, finding...
Pregnant Doctor Dies Due To Delayed Medical Attention: Calcutta High Court Orders WB Commission To Re-Examine Hospitals' Conduct
The Calcutta High Court on Wednesday directed the West Bengal Clinical Establishment Regulatory Commission (“Commission”) to re-adjudicate a case concerning the death of a pregnant doctor, who unfortunately passed away after being made to wait and thereafter being refused admission by various clinical establishments (“CEs”).The plea moved by one of the accused clinical...
Irregularities In Sanctioning Loan Needs Thorough Examination: Calcutta High Court Refuses To Quash Criminal Case Against Co-op Bank Executives
The Calcutta High Court has refused to quash criminal proceedings against the Vice Chairperson and Directors of the Tamluk Ghatak Co-operative Bank who are accused by the Deputy Registrar of Cooperative Societies, Burdwan, of inter alia cheating, criminal breach of trust, etc. during the sanctioning of a loan. In directing for the instant case to proceed towards trial, a single-bench of...
NDPS Act | Calcutta High Court Refuses To Quash Proceedings Against Ex-CPI(M) Leader Accused Of Smuggling 3400 Kgs Of ‘Poppy Seeds’
The Calcutta High Court has refused to quash criminal proceedings against former CPI(M) leader and alleged fake currency racketeer Mr. Asadullah Biswas, accused under the Narcotic Drugs & Psychotropic Substances Act, 1985 (“NDPS Act”) for allegedly storing and transporting 3400 kgs of poppy seeds, from a storage facility owned by him. The Bench comprising Justice Shampa (Dutt) Paul...
Mere GD Entry For Recording 'Reason For Search', 'Intimation To Senior' Not Sufficient Compliance Of S.42 NDPS Act
The Calcutta High Court’s Circuit Bench at Jalpaiguri recently granted bail to an accused under the NDPS Act, who had been charged with possession of commercial quantities of YABA Tablets.At the outset, a division bench of Justice Moushumi Bhattacharya and Justice Prasenjit Biswas observed that the commercial truck in which the contraband was being transported being owned by an individual...
Though Not Directly Enforceable, Order Of Emergency Arbitrator In A Foreign-Seated Arbitration A Supplemental Factor To Be Considered U/S 9 Petition: Calcutta HC
The Calcutta High Court has held that an order of the Emergency Arbitrator in a foreign-seated arbitration, while not directly enforceable under the Arbitration and Conciliation Act (A&C Act) due to the absence of a provision akin to Section 17(2) of the Act in Part II, should nonetheless be considered by the Court as a supplemental factor under Section 9 of the Act. The bench...