Calcutta High Court
Baseless Comments By Disciplinary Authority Leave ‘Permanent Scar’ On Employee's Character: Calcutta High Court Reinstates CISF Constable
The Calcutta High Court has allowed a writ petition moved by a CISF constable challenging his dismissal from service for alleged lack of oversight during his duty at the ISSCO Steel Plant in Burnpur, due to which certain miscreants entered the plant wielding weapons, in an attempt to steal copper wire. In setting aside the order of dismissal, which labelled the petitioner a ‘conniver’ and...
Swaccha Bharat Solid-Waste Management Facility Not ‘Illegal Organic Fertilizer Plant’, Baseless Apprehension: Calcutta High Court
The Calcutta High Court has dismissed a PIL challenging an upcoming solid-waste management plant (“SWM”) set up under the Swaccha Bharat mission, on grounds of it ‘illegally creating organic fertilizer’, thereby causing a nuisance and hazard for general public. Upon perusing a report of the Block-Development Officer, Bongaon, on the proposed steps to be taken at the facility, in terms...
Jadavpur University Not Political Battlefield, Students Must Be Heard: Calcutta High Court In Plea Against Ragging, Admin Lapses
In a plea challenging alleged administrative lapses and lack of security measures which led to the death of a first-year student due to ragging in Jadavpur University, the Calcutta High Court has observed that it is imperative to hear representatives of the student bodies.In directing for the students to be added as parties to the PIL and observing that a University Campus could not be...
'Newspaper Reports And Next Morning There's A Writ': Calcutta High Court Dismisses PIL Against "Banned Student Union" In Jadavpur University
The Calcutta High Court on Monday dismissed a PIL filed by BJP’s Suvendu Adhikari against the “Revisionary Students Union/Federation”, an allegedly banned students union stated to be operating from within Jadavpur University.Upon perusing the writ petition, a bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya expressed strong resentment and said,“Are you very...
Calcutta High Court Weekly Round-Up: August 21 To August 27
NOMINAL INDEXSurojit Dasgupta Vs State Of West Bengal And Ors 2023 LiveLaw (Cal) 229Dwaipayan Das Vs. State of West Bengal & Anr. & connected application. 2023 LiveLaw (Cal) 230Sri X v State of West Bengal & ors 2023 LiveLaw (Cal) 231Sanjoy Mondal Vs. The State of West Bengal 2023 LiveLaw (Cal) 232Bishal Das & Ors. Vs. The State of West Bengal & Ors 2023 LiveLaw (Cal)...
Don’t Create Communal Tension: Calcutta HC Refuses To Exercise Writ Jurisdiction Over Private Ownership Of Waterbody Worshipped By Hindus
The Calcutta High Court on Monday dismissed a PIL challenging the order of the Block Land & Land Reforms Officer (BL & LRO) allocating a portion of the Adiganga water body in the Sundarbans to the private respondents under the West Bengal Land Reform Act, 1955. (“WBLR”)Petitioners argued that the respondents were preventing Hindus in the area from offering their worship at the...
Calcutta High Court Grants Relief To Transgender Rights Activist, Quashes Kidnapping Case Lodged By Transwoman's Family
The Calcutta High Court’s Circuit Bench at Jalpaiguri recently quashed criminal proceedings against a transgender rights activist & researcher, who had been accused of kidnapping by the family of a trans-woman, whom he helped escape from alleged mental and physical torture at her home.In quashing the FIRs against the petitioner, a single-bench of Justice Prasenjit Biswas opined:To prove...
NDPS Act | Lab Report ‘Most Vital’ Evidence, Cannot Be Filed Through Supplementary Chargesheet: Calcutta High Court
The Calcutta High Court’s Circuit Bench at Jalpaiguri recently allowed the bail plea of an accused under the Narcotic Drugs & Psychotropic Substances Act (“NDPS”) upon taking note of various ‘procedural infirmities’ in the chargesheet.A division-bench of Justice Moushumi Bhattacharya and Justice Prasenjit Biswas held:A mere statement of filing of a supplementary charge-sheet...
Holistic, Common-Sense Approach Required To Interpret Arbitration Clause: Calcutta HC Grants Interim Relief To US-Based Healthcare Company
The Calcutta High Court while exercising its admiralty jurisdiction, recently allowed an application for interim relief by Uphealth Holdings Inc. a wholly owned subsidiary of Uphealth Inc., a US-based healthcare company under section 9 of the Arbitration & Conciliation Act, 1996.Justice Ravi Kishan Kapur observed that the applicant had made out a prima facie case for interim relief...
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...