Calcutta High Court
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,...
National Flag Not Desecrated On 15th August, Plea Based On “Rumour Mongering”: State Tells Calcutta High Court In Suvendu Adhikari’s PIL
The Calcutta High Court on Tuesday continued hearing a PIL filed by BJP leader Suvendu Adhikari, claiming that the Indian National Flag had been desecrated by “members of certain communities” in a state-funded primary school.On an earlier occasion, a bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya had issued notice to the State through the Advocate General, calling...
Won’t Use Files Downloaded From Server Of Firm Linked To Abhishek Banerjee In Any Criminal Cases: ED To Calcutta High Court
The Directorate of Enforcement (ED) has told the Calcutta High Court that it will not use any of the 16 files allegedly downloaded from computers of a firm linked to AITC MP Abhishek Banerjee in criminal cases against him.A single-bench of Justice Tirthankar Ghosh noted:"Mr. SV Raju, learned ASG submits that the Enforcement Directorate would on a covering letter certify that these 16...
Conduct Student Body Elections, Set-Up Anti-Ragging Committee: Calcutta High Court To State In Plea Against Ragging In Bengal’s Universities
The Calcutta High Court on Tuesday expressed concerns over the endemic of ragging prevalent across Universities in West Bengal, and the non-implementation of a report by the RK Raghavan Committee, which was constituted in 2009 by the Supreme Court to reduce instances of ragging.In taking note of the plea, which arose out of the unfortunate death of a 1st year student at Jadavpur University,...