Calcutta High Court
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...
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...