Calcutta High Court
Misuse Of S.498A IPC By Women Unleashes “Legal Terrorism”: Calcutta High Court Quashes Domestic Violence Case Against Husband & In-Laws
The Calcutta High Court on Monday, quashed two criminal complaints filed by a wife (“opposite party no 2"), against her husband and in-laws (“petitioners”), on various counts of domestic violence, attempted murder, criminal intimidation, etc. under the IPC. In noting that the medical evidence on record, as well as witness statements did not corroborate with the opposite party no...
‘Discipline Must Be Maintained By Devotees’: Calcutta HC Dismisses PIL For Guidelines On Visiting Jalpesh Shiv Temple, Directs DM To Consider
The Calcutta High Court has dismissed a PIL seeking issuance of guidelines for regulation of pilgrims visiting the Jalpesh Temple shivmandir in North Bengal, on the grounds that the authorities were “depriving the petitioners of the fundamental right” to observe their age-old practise of offering holy water to the deity at the temple by entering its “garba griha.”In ordering the...
Calcutta High Court Weekly Round-Up: August 14 - August 20 , 2023
NOMINAL INDEXKobelco Construction Equipment India Private Limited vs. Lara Mining & Anr. 2023 LiveLaw (Cal) 222M/S. Gammon Engineers And Contractors Pvt. Ltd. V The State Of West Bengal 2023 LiveLaw (Cal) 223Prapti Chakraborty v State of West Bengal & Ors. 2023 LiveLaw (Cal) 224Dr. Sujoy Biswas Vs. State of West Bengal & Anr 2023 LiveLaw (Cal) 225Debarati Banerjee v The State of...
Car Loan | Bank Repossessing Vehicle Due To Borrower’s Default Does Not Tantamount To Robbery: Calcutta High Court
The Calcutta High Court has quashed criminal proceedings against employees of HDFC Bank Limited, initiated by one Sunil Kumar Sharma/opposite party no 2, who had availed a car loan from the aforesaid bank, to be repaid over 60 instalments, alongside taking another personal loan of Rs 90,000.It was contended by the opposite party/complainant that he had fallen on extremely hard financial times...
Calcutta High Court Refuses To Quash FIR Against Teacher Booked For Creating 'Communal & Administrative Disturbance' Around School
The Calcutta High Court has refused to quash criminal proceedings against a teacher of the Tehatta Balika Prathamik Vidyalaya, under various sections of the IPC for offences including unlawful assembly, rioting, causing injury to a public servant, etc. during ‘unauthorised’ celebrations by the school’s Muslim students on the occasion of ‘Nabi Diwas’. In directing the case...
Employee’s Transfer Based On Organisation’s Policy Does Not Amount To Criminal Intimidation/ Conspiracy Under IPC: Calcutta High Court
The Calcutta High Court on Thursday quashed criminal proceedings initiated against the Human Resources Manager of IDBI Bank (“petitioner”), by an employee/opposite party No 2, against whom a female co-worker had earlier filed a complaint for sexual harassment at the workplace. In holding that the petitioner could not be considered guilty of the offences of criminal intimidation or...
Calcutta HC Gives "New Lease Of Life" To 11-Yr-Old Gang Rape Victim, Orders Medical Board To Examine Feasibility Of Terminating Pregnancy
The Calcutta High Court on Thursday upheld the right of a minor rape survivor to seek medical termination of pregnancy, even when such termination was sought for outside the statutory limit of 24 weeks as prescribed in the Medical Termination of Pregnancy Act, 1971 (“Act”). A single-bench of Justice Sabyaschi Bhattacharya directed the formation of a medical board to ascertain the viability...
Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court
The Calcutta High Court recently dismissed an application filed by M/S Gammon Engineers and Contractors Private Limited (“petitioners”) u/s 11(6), 14 and 15 of the Arbitration and Conciliation Act, 1996 (‘Act’), for removal of arbitrator while challenging their unilateral appointment.In dismissing the application, a single-bench of Justice Shekhar B Saraf held that a challenge...
Calcutta High Court Refuses To Quash Case Against ‘Doctor’ Accused Of Criminal Intimidation By 85 Yrs Old Advocate
The Calcutta High Court has refused to quash criminal proceedings against a ‘doctor’ accused of wrongful restraint and criminal intimidation by an octogenarian Advocate, residing in the same co-operative society as him.In directing the case to proceed towards trial due to a prima facie case being made out, a single-bench of Justice Shampa (Dutt) Paul held: The complainant is a 85 years...
IIT KGP Student Death | Law Doesn't Envisage Appointment Of Amicus Curiae To Assist Experts/ Investigating Officers: Calcutta High Court
The Calcutta High Court today, partly allowed the appeals moved by the State of West Bengal and IIT Kharagpur, in a case pertaining to the death of a student under allegedly suspicious circumstances at the IIT.A writ petition was filed by the deceased’s father for the Court’s intervention into the investigation of the student’s death. Appeal was preferred by the State on grounds that...
‘Jadavpur University Admin Gone To Rocks’: Urgent Plea Before Calcutta High Court In Light Of Student’s Death Due To Ragging
On Wednesday, Senior Advocate Kalyan Bandopadhyay mentioned a PIL before the Calcutta High Court regarding recent events which have unfolded in Jadavpur University, culminating in the death of a first-year BA student due to alleged ragging.“I am not on the murder/suicide of the student, but the entire JU administration has gone to the rocks…there is no CCTV anywhere. Earlier it was...
Democratic Values Can Only Be Protected If Citizens Have Access To Speedy Justice: Calcutta High Court Chief Justice TS Sivagnanam
“Independence Day is not just another symbolic occasion; it is a vivid reminder of an important part of our self-identity as citizens in the worlds largest democracy and the sacrifices made by our freedom fighters. On this day, we remember our heroes of the freedom struggle and pay homage to them for sacrificing their lives,” Calcutta High Court Chief Justice TS Sivagnanam said on Tuesday....