Calcutta High Court
Why Did They Sign Off Resolution To Strike Work? Calcutta High Court Seeks Explanation From Office Bearers Of Berhampore Bar Association
The Calcutta High Court on Monday sought explanation from the President, Vice-President and Secretary of Berhampore Bar Association as to why they were signatories to a resolution to strike work which paralysed the courts at Berhampore and denied access to justice to innumerable litigants. The division bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta observed:“It appears the...
Calcutta High Court Refuses To Quash Rape Case Against Man Accused Of Raping 15-Yr-Old In 2016
The Calcutta High Court has refused to quash a POCSO case against a man who is accused of raping a minor girl in 2016. The accused and the victim - who is now a major, are stated to have been in love when the alleged incident took place.The single judge bench of Justice Shampa Dutt (Paul) observed:“The fact of them (accused and victim) being married to other persons does not lessen the...
There Should Be Level Playing Field For All Political Denominations To Hold Public Rallies In State: Calcutta High Court
The Calcutta High Court recently observed that there should be level playing field for all political denominations and ideologies in the State for holding public rallies, gatherings and meetings. The aforesaid observations were made by a single judge bench of Justice Rajasekhar Mantha while hearing a writ petition filed by a BJP leader challenging the decision of the State Police...
State Govt Has No Power To Appoint Or Reappoint Vice-Chancellors Of State Universities: Calcutta High Court Quashes 29 Appointments
In a significant order, the Calcutta High Court has ruled that the State has no authority to appoint, re-appoint, or extend the tenures of Vice Chancellors of the universities in the state of West Bengal.It has further held that the appointment of Vice-Chancellors should be strictly in accordance with the provisions of law. The division bench comprising of Chief Justice Prakash Shrivastava...
YouTuber Dhruv Rathee To Remove 'Targeted' References To 'Real Fruit Juice' From His Video: Calcutta High Court Grants Interim Relief To Dabur
Dhruv Rathee's recent video analyzing the health effects of fruit juices has landed the YouTuber in a legal battle with Dabur, which claims that he specifically disparaged their packaged fruit products 'Real' juice.The Calcutta High Court on Wednesday granted interim relief to the company and directed Rathee to remove the offending portions from the video. Justice Ravi Krishan...
Vande Bharat Stone Pelting Tweets| Calcutta High Court Stays Coercive Action Against TV Today Network, Its Dy Editor Till March 20
The Calcutta High Court on Monday extended its interim order staying any coercive steps against the TV Today Network and India Today's Deputy Editor Indrajit Kundu till March 20, in connection with an FIR lodged against them u/s 153A IPC for making Twitter posts regarding the Vande Bharat Train Stone Pelting incident of January 2023.The order was passed by the bench of Justice Bibek...
Calcutta High Court Issues Direction On Pension Scheme Further To Supreme Court’s Guidelines In EPF Pension Case
The Calcutta High Court has directed that writ petitioners, who were in service as on 01.09.2014 and were also members of the Employees’ Pension Scheme 1995 (‘EPS 1995’) shall be entitled to exercise option which shall cover the pre-amended paragraph 11(3) as also paragraph 11(4) of EPS 1995. The single bench of Justice Raja Basu Chowdhury directed Indian Oil Corporation Limited (‘IOCL’) to jointly exercise such option along with only the eligible employees/writ petitioners as specified in...
Calcutta High Court Criticizes The Approach Of Finance And Banking Companies Unilaterally Appointing The Arbitrator; Refuses To Enforce ‘Unilateral Appointment Award’
The High Court of Calcutta has deprecated the practice of banking and financial institutions unilaterally appointing the arbitrator. It refused to enforce an award passed by an arbitrator that was unilaterally appointed by the petitioner. The bench of Justice Shekhar B. Saraf has held that an arbitration award passed by a unilaterally appointed arbitration is non-est and...
No Pre-Planning, First Time Offenders: Calcutta High Court Commutes Death Penalty In Triple Murder Case
The Calcutta High Court at Jalpaiguri recently commuted the death sentence awarded by the trial court to the convicts in a triple-murder case, to life imprisonment without remission for a period of 30 years,.A division bench of Justice Joymalya Bagchi and Justice Subhendu Samanta observed:“Presence of mitigating factors like lack of criminal antecedents play an important role to opt for a...
Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry
The Calcutta High Court at Jalpaiguri recently quashed criminal proceedings under section 406 (Punishment for criminal breach of trust) and section 420 (Cheating and dishonestly inducing delivery of property) of IPC against a DSP, Government Railway Police, on the ground that allegations made against the petitioner did not depict any cognizable offence under the...
Contradiction In Civil Court Orders Does Not Empower Writ Court To Virtually Decide Sub Judice Matter: Calcutta High Court
The Calcutta High Court at Jalpaiguri held that contradiction in the orders of the civil court cannot empower the writ court to enter into the specific domain of the civil court and pass the order by which the suits are virtually decided, when the matter is sub judice before the civil court.The division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay observed:“It is...
Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC
The Calcutta High Court recently granted bail to two accused persons in a NDPS case on the grounds that Section 41B of CrPC was not complied with, there were discrepancies in the documents of seizure. While allowing the bail application of the accused persons the division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay held:“The provisions of Section 41B of the Code...