Calcutta High Court
Illegal Constructions Menace To Society: High Court Upholds Demolition Order, Raises Concerns On Kolkata Municipal Corporation's Efficacy
The Calcutta High Court recently upheld a demolition order by the Kolkata Municipal Council (“KMC”) issued under Section 400(8) of the KMC Act against an unauthorised construction made by the petitioner who had ignored previous ‘stop-work’ notices and even an FIR filed by KMC in that regard.A division-bench of Justice Arijit Banerjee and Justice Apurba Sinha Rayand expressed...
Too Much To Ask ED To Record Reasons At Every Stage, Even While Issuing Summons Under PMLA: Calcutta High Court
The Calcutta High Court recently dismissed a plea for no coercive measures and quashing of summons moved by one Pritimoy Chakraborty against the Enforcement Directorate (“ED”) under the Prevention of Money Laundering Act (“PMLA”).In holding that the petitioner failed to show any patent illegality in the ED’s summons, or to make out a case for “the extraordinary relief of...
Provide Check List To Police On Power Of Arrest, No Automatic Arrests U/S 498A IPC: Calcutta High Court Issues Guidelines
The Calcutta High Court has recently issued a notification, framing guidelines for all criminal courts in West Bengal and Andaman & Nicobar Islands, pertaining to arrest by police officials, in pursuance of directions of the Supreme Court of India, in the case of Md. Asfak Alam vs The State of Jharkhand & Anr.It said: “The endeavour of the Hon’ble Supreme Court in the...
Durga Puja Not ‘Mere Religious Offering’, Meeting Ground For People Of All Caste, Creed, Gender Or Religion: Calcutta High Court
The Calcutta High Court has recently observed that Durga Puja, celebrated predominantly in West Bengal, is not merely a religious offering, but rather “much more secular in nature than a pure religious performance by a particular community.”In allowing the petitioner’s plea for hosting their “Durga Utsab 2023” celebrations on the New Town Mela Ground, a single-bench of...
Level Playing Field For Political Parties: Calcutta High Court Allows Opposition Rally, Says S.144 CrPC Cannot Be Promulgated At The Drop Of A Hat
The Calcutta High Court recently set aside an order under Section 144(2) CrPC (apprehension of nuisance or danger), passed by Sub-divisional magistrate, Contai, preventing public gatherings, due to which the petitioner, an opposition party leader, was prevented from holding a political rally.In setting aside the magistrate’s order, and laying down a comprehensive set of guidelines for...
‘Prima Facie Forgery, No Equity For Practising Fraud Before Court’: Calcutta High Court Proposes Perjury Action Against School Headmaster
The Calcutta High Court has dismissed a writ petition filed by the headmaster of Bora Junior High School (“school”) and directed for a criminal investigation and trial against him, upon perusing expert evidence which prima facie indicated that signatures in one of the main documents relied upon by him, were forged. Court also directed initiation of perjury proceedings in case the...
Multiple Inmates Kept In Separate Cell Due To Threat Perception Of Jail Authorities Not Solitary Confinement: Calcutta High Court
The Calcutta High Court has recently rejected a transfer petition from three inmates at the Chinsurah District Correctional Home, Hooghly upon holding that keeping them in the same prison cell, away from the main population due to jail authorities’ perception of violence from other inmates, did not tantamount to solitary confinement, or a violation of their human rights. On an...
Victim’s Statement Cannot Be 'Blindfolded Foundation Of Guilt': Calcutta HC Discharges Man Accused Of ‘Pouring Hot Oil’ On Octogenarian Lady
The Calcutta High Court on Wednesday allowed a criminal appeal, setting aside the appellant's Trial court conviction under Section 324 IPC (voluntary hurt by dangerous means) for allegedly ‘pouring hot oil on an octogenarian lady’ after a brief argument on previous dues owed by the appellant, Based on witness statements it noted that although the victim did suffer oil-burns, the same was...
‘Public Interest Or Political Interest Litigation?’: Calcutta High Court In Plea For FIRs Against Suvendu Adhikari Over Panchayat Election Comments
The Calcutta High Court today took up a PIL upon directions of the Supreme Court, pertaining to registration of FIRs and initiation of criminal proceedings against BJP's Leader of Opposition in West Bengal, Suvendu Adhikari.A CJI-led bench of the Supreme Court had set aside an order of a division-bench presided over by Justice I.P. Mukherji, which had lifted a stay on coercive action...
Live-Streaming Truly Enables ‘Open Court’: Calcutta High Court Commences Live-Streaming Of Proceedings From Circuit Bench At Port Blair
The Calcutta High Court has commenced live-streaming of Court proceedings from its Circuit Bench at Port Blair in the Andaman and Nicobar Islands, further extending its distinction of having the highest number of live-streamed courts across all High Courts in the country. The inauguration ceremony was presided over by Chief Justice T.S. Sivagnanam, who emphasised on the importance...
'Desecration Of National Flag A Disgrace': Calcutta High Court Issues Notice To State In Plea Over Communal Violence On Independence Day
The Calcutta High Court today issued notice on a PIL filed by BJP's Leader of Opposition in West Bengal, Suvendu Adhikhari alleging incidents of stone-pelting, communal violence and “desecration of the national flag by members of a certain community” at a government school in Bansaberia.In taking serious exception to the incidents being alleged, a division bench of Chief Justice TS...
'Wishing The Best' To Minor Gang-Rape Survivor, Calcutta High Court Allows Termination Of 25+ Weeks Pregnancy
The Calcutta High Court today permitted medical termination of pregnancy of a minor gang rape survivor, which had exceeded the 24-week statutory limit under the Medical Termination of Pregnancy Act, 1971.On an earlier occasion, the Court had noted that the present case fell under the exception envisaged under the 1971 Act, wherein there could be a risk to the life of the mother in case...