Calcutta High Court
Husband Acquiring Property In Wife's Name Does Not Necessarily Imply Benami Transaction: Calcutta High Court
The Calcutta High Court has clarified that the mere transfer of money from a husband to his wife for the purchase of property would not qualify as a benami transaction.A Division bench of Justice Tapabrata Chakroborty and Justice Partha Sarthi Chatterjee observed,"In the Indian society, if a husband supplies the consideration money for acquiring property in the name of his wife, such fact...
Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence.While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, a single bench of...
Calcutta High Court Dismisses PIL Against Softwares Like 'Pegasus' Allegedly Used For Privacy Infringement
The Calcutta High Court has dismissed a PIL calling upon it to decide the issue of individual’s right to privacy allegedly being violated by spyware such as Pegasus, said to be installed on people’s personal electronic devices without their knowledge.A bench of Chief Justice T.S. Sivagnaman and Justice Hiranmay Bhattacharya opined that such blanket directions against the use of...
Local Authorities Must Conduct On-Spot Assessment Prior To Grant Of Excise License: PIL In Calcutta High Court Against Resto-Bar Near School, Temple
A PIL has been filed before the Calcutta High Court challenging the grant of a “restriction-free” license to a restaurant-cum-bar located near an educational institution and temple.The challenge is made under the Bengal Excise Act. According to the petitioner, under Section 85 and 86 of the Act, various rules governing the grant of excise licenses such as the West Bengal Excise (Selection...
“Reasons Are The Foundation Of Any Order": Calcutta High Court Allows Decco's Appeal Against Rejection Of Patent Application
The Calcutta High Court recently set aside an order passed by the Assistant Controller of Patents and Designs (“Controller”), rejecting a Patent Application filed by agrochemical multinational UPL's postharvest division Decco Worldwide (“the Appellants”) for their invention titled “A fungicidal treatment for black sigatoka,” to prevent leaf-disease that infects banana...
Chief Justice Sivagnanam Commends Unique Practice Of Calcutta HC Senior Advocates Preparing Their Own Handwritten Notes
In an emotional speech before the Madras Bar Association, Justice T.S. Sivagnaman who has been appointed as the Chief Justice of the Calcutta High Court, delivered his remarks on his time at the Madras High Court, his experiences in Calcutta and the importance of respecting the system and its processes. Justice Sivagnaman was sworn in as an Additional Judge of the Madras High Court in 2009,...
‘Being Tagged In Comments On Social Media By Any Other Person Necessarily Does Not Confer Any Liability On Person Being Tagged’: Calcutta High Court
The Calcutta High Court has quashed criminal proceedings against a school teacher who was accused in a case alleging spreading of communal hatred and violence through comments made on Facebook.The court ruled that being tagged in comments on social media by any other person necessarily "does not confer any liability or responsibility" on the person being tagged.The single judge bench of...
Calcutta HC Quashes FIR Filed Against Driver For Putting ‘On Duty With Food & Supply Department’ Sticker On Truck To Pass Through No Entry Zone
The Calcutta High Court recently quashed proceedings under Sections 419, 420, 467, 471 and 478 of IPC against a truck driver who allegedly affixed the ‘On Duty PDS Food and Supply Department, Government of West Bengal’ board on the front portion of the his vehicle to pass through a no entry zone area, on the ground that the allegations against him do not fall within definitions of...
Calcutta High Court Again Grants Bail To Accused After Fresh Consideration On Supreme Court Directions, Says 'Human Liberty Is Most Valuable'
While observing that human liberty is most valuable to every civilised human being, the Calcutta High Court recently reaffirmed its order granting bail to an accused. An earlier order granting bail to her was set aside by the Supreme Court and the matter was remanded back to the High Court for reconsideration.The division bench of Justice I. P. Mukerji and Justice Biswaroop...
'Public Interest Requires Investigation To Continue': Calcutta High Court On CCI's Probe Into Cartelization, Price Manipulation By Steel Companies
The Calcutta High Court recently refused to stay summons issued to two senior officials including a Director of Shyam Steel Industries Ltd. by the Director General of Competition Commission of India (CCI) with regard to the investigation being conducted into the alleged cartelization by steel manufacturers.The single judge bench of Justice Moushumi Bhattacharya observed:“It follows from...
Calcutta High Court Quashes Defamation Case Filed By Public Prosecutor Against BJP Leader Suvendu Adhikari, Says File Before Appropriate Court
Observing that the “initial cognizance and the order of issuance of process is bad” in the matter, the Calcutta High Court has quashed a defamation case filed by a Public Prosecutor against BJP leader Suvendu Adhikari.The bench of Justice Bibek Chaudhuri said, “Without going into the merit of the case this Court fails to understand as to how the learned Chief Judge took cognizance of...
Court Proceeding Ought Not To Be Permitted To Degenerate Into A Weapon Of Harassment: Calcutta High Court Quashes 498A Case
The Calcutta High Court recently quashed the criminal proceedings under Section 498A of IPC initiated by a woman against her husband and his relatives alleging that she was subjected to physical and mental torture and was driven out from the matrimonial home, on the ground that an earlier proceeding initiated by her on the basis of almost same allegations against the same accused persons...