Calcutta High Court
Dying Declaration Can Be Sole Basis Of Conviction Only When It Is Consistent: Calcutta High Court Sets Aside Murder Conviction
The Calcutta High Court recently set aside the conviction of a murder accused on the ground that the dying declaration was doubtful. The division bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta noted:“Dying declaration can be the sole basis of conviction provided the same is consistent. When the contents of the dying declaration as per the prosecution witnesses are at variance...
Ram Navami Violence | Calcutta High Court Transfers Probe To National Investigation Agency (NIA)
The Calcutta High Court today transferred the probe into the incidents of violence that occurred in the state last month during the Ram Navami celebrations, to the National Investigation Agency (NIA).The bench of Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya directed the state police to hand over the FIRs, papers of the case, seized materials, CCTV Footage, etc to...
Once Charge Sheet Is Filed In NDPS Case, Order Extending Detention Under Section 36A (4) Can't Be Challenged: Calcutta High Court
The Calcutta High Court on Monday held that once a charge-sheet is filed in a NDPS case, the order extending detention of the accused beyond 180 days no longer survives. A litigant cannot be permitted to assail the said order of extension of detention at a time when it is no longer in existence, said the court.The division bench of Justice Ajay Kumar Gupta and Justice Joymalya...
'CCTV Footage Destructed, Lapses In Arrest' : Calcutta HC Orders ₹2 Lakh Compensation For Man Allegedly Implicated 'Falsely’ Under NDPS Act
The Calcutta High Court today ordered the state government to provide Rs. 2 Lakh as compensation, to the family members of an accused (allegedly implicated falsely for offence under the NDPS Act) after finding that certain procedural lapses were committed by the state police while effectuating his arrest. In its order, the Court also noted that the footage of CCTV, installed in the...
If APPs Of Purba Bardhaman Engage In Pen-Down Strike, Remove All Of Them: Calcutta High Court To State
The Calcutta High Court on Monday noted its displeasure over the pen-down strike by the Additional Public Prosecutors (APPs) at the District and Sessions Court, Purba Bardhaman.The division bench of the Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya noted: “If a PP participates in a pen-down then he must be removed from his post. Please advice your clients...
Calcutta High Court Pulls Up Civic Body Chairman For Issuing Demolition Notice To Sessions Judge
The Calcutta High Court on Monday pulled up the Chairman of English Bazar Municipality of Malda District (Municipality) for issuing a notice to the District and Sessions Judge, Malda for the demolition of a building being constructed within the court premises.The division bench of the Acting Chief Justice (ACJ) T. S. Sivagnanam and Justice Hiranmay Bhattacharyya told Advocate General S....
Pendency Of Conciliation Proceedings Before Facilitation Council Under MSMED Act Doesn’t Debar The Court From Appointing Arbitrator Under S. 11 Of Arbitration Act: Calcutta High Court
The Calcutta High Court has held that a prior reference to the Facilitation Council under Section 18(1) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), which is still at the stage of conciliation, does not debar the Court from passing an order under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) for appointment of arbitrator on the...
Calcutta High Court Upholds Cancellation Of Bail In Murder Case Over Suppression Of Fact Regarding Earlier Rejection
The Calcutta High Court upheld an order of cancellation of bail passed by the Sessions Court on the ground that the accused supressed the fact before the Sessions Court that his earlier bail prayer was turned down by the High Court. The single judge bench comprising Justice Subhendu Samanta observed:“The power of granting bail u/s 439 Cr.P.C. is within the concurrent jurisdiction of High...
Merely Because Accused Has Been Acquitted, Concerned Authority’s Power To Continue With Departmental Inquiry Is Not Taken Away: Calcutta High Court
The Calcutta High Court on Thursday held that an order of acquittal by the Criminal Court does not automatically entitle an employee to exoneration and consequential reliefs in the form of back wages for the period of suspension withheld as penalty by the Disciplinary Authority, if the acquittal is not based on merits. The single judge bench of Justice Ravi Krishan Kapur noted:“In this...
Calcutta High Court Imposes ₹80K Cost On West Bengal Officials For Demolishing Alleged Encroachment Without Following Procedure
The Calcutta High Court on Thursday imposed a cost of Rs. 80,000 on State authorities for demolishing a private structure without complying with the statutory provisions of the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 and disregarding the pending judicial proceeding before the High Court. The single judge bench of Justice Moushumi Bhattacharya said: “The action...
Calcutta High Court Sets Aside Murder Conviction, Says Purported Confession To Police Official Not Admissible In Eyes Of Law
The Calcutta High Court on Wednesday set aside the conviction of an accused under Section 302 of IPC on the ground that the verdict was based on the alleged written confession made by the accused before the police while in custody.The division bench of Justice Joymalya Bagchi and Justice Partha Sarathi Sen noted:“Since PW7 is a police official, such writing which according to the prosecution...
Call Reports On Pre And Post Covid Student Enrolment In Schools, Take Steps To Bring Back Dropouts: Calcutta High Court To State
The Calcutta High Court recently directed the State to take necessary steps to sensitise the parents of those children, who have dropped out of schools during the COVID-19 pandemic, regarding the need of education and to take further steps to bring them back to the schools. While hearing a PIL on the issue, the division bench of the Acting Chief Justice T. S. Sivagnanam and Justice...