Calcutta High Court
Darivit Firing: Calcutta High Court Orders NIA Probe, Calls West Bengal CID's Investigation 'Inadequate'
The Calcutta High Court on Wednesday transferred the investigation of a case, related to the incident of firing and bombing at Darivit High School in the Islampur block of Uttar Dinajpur district, to the National Investigation Agency (NIA). The single judge bench of Justice Rajasekhar Mantha observed:“Given the fact that the police mentioned in the chargesheet about the mobs attacking...
Death Due To Mosquito Bite Not An 'Accident', It Won't Be An Insurable Claim Under 'Accident' Insurance: Calcutta High Court
The Calcutta High Court has observed that a death caused by a mosquito bite wouldn't count as an “accident” and hence, the same wouldn't be covered as an insurable claim under the 'Accident' insurance.Observing that any disease caused by a mosquito bite can not be termed an accident, the bench of Justice Moushumi Bhattacharya upheld the decision of an Insurance Company which denied...
Inability To Pay Portion Of Owed Money Can’t Lead To Criminal Prosecution Unless Fraudulent Intention Shown Right From Beginning: Calcutta High Court
The Calcutta High Court on Monday quashed the criminal proceedings under Sections 484, 406 and 34 of IPC against a businessman who had allegedly refused to pay a portion of the price of goods purchased by him, on the ground that the accused did not have any fraudulent or dishonest intention right from the beginning of the transaction. The single judge bench of Justice Ajoy Kumar...
You Are Not Above Law, What Is Troubling You? Whether You Are Involved Or Not, Let Probe Agency Decide: Calcutta High Court To Abhishek Banerjee
The Calcutta High Court on Monday pulled up TMC leader Abhishek Banerjee for seeking an opportunity of being heard in response to the CBI investigation earlier ordered by the court against him in West Bengal Teacher Recruitment Scam case. The single judge bench of Justice Amrita Sinha said:“How are you aggrieved? What is your apprehension? What is the difficulty, an investigation? Nobody...
Non-Payment Of Wages| Calcutta HC Allows MGNREGA Workers To Hold 12-Day Sit-In-Demonstration At Kolkata Sahid Minar Grounds
The Calcutta High Court today allowed MGNREGA workers to hold a sit-in demonstration for twelve days at Sahid Minar Grounds in Kolkata over non-payment of their wages and non-commissioning of their work.The bench of Justice Rajasekhar Mantha ordered thus while dealing with a writ petition filed by Paschim Banga Khet Mazdoor Samity & Another who were earlier denied permission to hold...
Minor’s Parents ‘Exaggerated’ Their Versions So That POCSO Act Can Be Attracted: Calcutta High Court Acquits Convict In Sexual Assault Case
The Calcutta High Court has set aside the conviction of an accused in a case under POCSO Act on the ground that the prosecution failed to prove the ‘sexual intent’ being involved in the act of the accused as referred under Section 11 of the Act. The single judge bench of Justice Tirthankar Ghosh observed:“In cases under the POCSO Act and related offences the statement of the victim...
Calcutta High Court Orders State To Pay Rs 7 Lakh Compensation To Trafficking And Rape Victim
The Calcutta High Court recently directed the West Bengal government to pay a compensation of Rs. 7 Lakh to a minor victim of trafficking and rape. The single judge bench of Justice Moushumi Bhattacharya observed that the victim cannot be asked to wait until the funds are sanctioned by the State Government and reach the Judicial Department. The petitioner, who was 17 years of age at the time...
Calcutta High Court Acquits Man In Rape Case, Says Physical Relationship Was Consensual
The Calcutta High Court on Wednesday set aside the conviction under Section 376 of IPC of a rape accused, on the ground that physical relationship between the appellant and the victim was consensual and the age of the victim was not conclusively established by the prosecution before the Trial Court.While setting aside the conviction of the appellant-accused, the division bench of Justice...
Entire 30 Days Extended Period Under Section 34(3) Of The A&C Act Coincided With Court Vacations, Calcutta High Court Invokes Power Under Article 133(1)(A) R/W Article 134A Of The Constitution
The High Court of Calcutta has invoked its powers under Article 133(1)(a) r/w Article 134A of the Constitution to allow the aggrieved party to directly appeal against its judgment to the Supreme Court on the ground that the case involves a substantial question of law of general importance. The bench of Justice Shekhar B. Saraf was dealing with a peculiar situation wherein the...
Writing ‘Police’ On Private Vehicle Doesn't Violate Any Provision Of Indian Penal Code: Calcutta High Court Quashes Complaint Case Against Inspector
The Calcutta High Court recently quashed a private complaint filed against a Police Officer for displaying the word ‘POLICE’ written on his personal vehicleThe single judge bench of Justice Bibek Chaudhuri said the court does not find violation of any penal provision under the IPC "only for displaying the word 'POLICE' on the front and rear screen of the personal vehicle of...
Centre Notifies Transfer Of Justice VM Velumani From Madras High Court To Calcutta High Court
The Central Government has notified the transfer of Justice VM Velumani from Madras High Court to Calcutta High Court. A notification issued in this regard reads thus:"In exercise of the power conferred by clause (1) of Article 222 of the Constitution, the President, after consultation with The Chief Justice of India is pleased to transfer Justice VM Velumani, judge of Madras High Cour, as...
Non-Teaching Employees Have To Be Treated And Regularized As Permanent Employees: Calcutta High Court
A division bench of the Calcutta High Court comprising of Justice I.P. Mukerji and Justice Biswaroop Chowdhury while deciding a Writ Appeal in the case of The Director of Technical Education & Training Govt. of W.B. v Madan Mohan Sarkar & Ors. has held that non-teaching employees of the hostel/ mess of Malda Polytechnic should be treated as the permanent employees of the college...