Calcutta High Court
'Unfortunate That State Has Forgotten Its Feminist Roots': Calcutta HC Directs Adherence To NALSA Guidelines For Compensation In Acid Attack Case
The Calcutta High Court recently allowed a plea for enhancement of compensation awarded to a minor girl, who was the victim of an acid attack in 2018.Justice Shekhar B Saraf directed the State to pay a further compensation of Rs 7.5 lakhs to the minor girl child, under the NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018 (NALSA guidelines), which...
Substitution Or Addition Of Parties Not Permissible Under Order VI Rule 17 Of CPC: Calcutta High Court
The Calcutta High Court has held that substitution of legal heirs of a deceased plaintiff as well as addition more plaintiffs in a suit, would not be permissible under Order VI Rule 17 of the Civil Procedure Code, 1908, (“CPC”).A single-bench of Justice Krishna Rao disposed of the application by allowing the prayer for amendment of pleadings by the plaintiffs and held:This Court finds...
Voluntarily Leaving Home With Accused Does Not Give Any Right To Invade Victim’s Privacy: Calcutta High Court Upholds Rape Conviction
The Calcutta High Court’s Circuit bench at Jalpaiguri has recently held that the actions of a girl in voluntarily leaving her home with the accused person did not give the accused any right to invade upon her privacy or commit sexual offences upon her. A single-bench of Justice Siddhartha Roy Chowdhury upheld the appellant’s Trial court conviction for rape under Section 376 IPC and held:If...
CBI Approaches Calcutta High Court Against Special Court Order For Joint-Probe Into Alleged Custodial Torture Of Recruitment Scam-Accused
The Central Bureau of Investigation (“CBI”) on Monday approached a single-bench of Justice Amrita Sinha of the Calcutta High Court, who is in seisin of and monitoring the ongoing probe in the cash-for-jobs recruitment scam wherein many high-ranking officials of the ruling State government are accused by the CBI & Directorate of Enforcement (“ED”).The central agencies have challenged...
Agreement Between Companies, Case Against Directors Cannot Survive Without Impleading Firm: Calcutta High Court Quashes Cheating Case
The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently quashed criminal cases against the MD and Director of Lanco Infratech Limited, who had been accused of inter alia cheating, by one of their industrial oxygen suppliers, who alleged that in the course of business, the accused had failed to return back empty cylinders, thereby misappropriating approx. Rs 38 lakhs worth of...
Life Sentence Inadequate Only When Reform Impossible: Calcutta High Court Refuses Death Penalty For Minor's Rape & Murder Convictions
The Calcutta High Court has upheld the conviction of four persons under Section 302 and 376(2)(g) of the IPC, for the rape and murder of a minor girl in 2004.However, refusing to impose punishment of death penalty, a bench of Justices Joymalya Bagchi and Gaurang Kanth referred to Supreme Court’s decision in Bachan Singh’s case and held:It is true the appellants have perpetrated the...
Calcutta High Court Weekly Round-Up: September 4 To September 10, 2023
NOMINAL INDEXSarat Chatterjee and Co. (VSP) Private Limited v Sri Munisubrata Agri International Limited (Formerly known as LMJ International Ltd.) and Anr. 2023 LiveLaw (Cal) 259Birendra Nath Mondal Vs State Of West Bengal And Ors 2023 LiveLaw (Cal) 260Zainul Haque v State of WB & Ors 2023 LiveLaw (Cal) 261Abhijit Das Vs. State of West Bengal & Anr 2023 LiveLaw (Cal)...
Security Offered By An Award-Debtor For Stay Of Arbitral Award Must Be ‘Clean, Unblemished With Good Exchange Value’: Calcutta High Court
The Calcutta High Court has recently held that the security furnished by an award-debtor for stay of an arbitral award must be “clean, unblemished and with good exchange value.”Sarat Chatterjee & Co. (“applicants”) had argued that that an earlier division-bench judgement of 2015, had already secured 10,000 metric tonnes of Coke equating to more than the total security value of...
Denying Permission For Other Festivities On Ground Earmarked For Durga Puja Violates Article 14: Calcutta HC Paves Way For Ganesh Pujan
The Calcutta High Court on Friday directed the Asansol Durgapur Development Authority (“ADDA”) to grant permission to the petitioners to hold celebrations of Ganesh Puja between September 18-22 on a public ground, which was admittedly used for government functions and Durga Puja.In holding that denial to host Ganesh Puja, while allowing celebrations of Durga Puja on the same grounds...
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...