Calcutta High Court
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...
Media Vital Pillar Of Democracy, Can't Be Curtailed Or Intimidated: Calcutta High Court Stays FIR Against TV Journalist
Staying an FIR filed against a TV journalist for giving an alleged "provocative speech", the Calcutta High Court said that the media is an equally vital pillar of a democracy which cannot be curtailed or intimidated. Justice Rajasekhar Mantha said the court is prima facie satisfied that the registration of the FIR against the journalist Manogya Loiwal is seriously questionable."The media is...
Calcutta High Court Orders State Govt To Pay 15 Lakh Compensation To Family Of Teenager Who Died In Police Custody
The Calcutta High Court has awarded a compensation of Rs. 15 lakh to the family of a 15-year-old who died an unnatural death in police custody at the Mallarpur Police Station of Birbhum district in 2020.While hearing a PIL and Suo Motu Writ Petition regarding the incident, the division bench of the Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya said "there is a...
Repealing Act Of 2016 Does Not Remove Section 2A(2) Of Industrial Disputes Act, 1947: Calcutta High Court
The Calcutta High Court recently ruled that the Labour Courts/Tribunals constituted under the Industrial Disputes Act, 1947 have the power to exercise jurisdiction under Section 2A(2) of the Act and that the Repeal and Amendment of the Industrial Disputes (Amendment) Act, 2010 as a whole, by the Repeal and Amendment Act of 2016, neither has the effect of removing the said section from the...
Calcutta High Court Seeks Personal Appearance Of HSBC Bank's Senior Officials In London-Based Solicitor's Case Alleging Fraud
The Calcutta High Court recently ordered the personal appearance of HSBC management in a case filed by an Indian-origin Solicitor based in London alleging fraud and siphoning of funds from his account.Justice Ananya Bandyopadhyay directed the Registrar Administration (L & OM) to serve administrative notice upon the opposite parties to ensure their personal appearance before the court on...
Assignment Of Trademarks Shall Not Take Effect Unless Assignee Applies To Registrar U/S 42 Within Maximum 9 Months: Calcutta High Court
The Calcutta High Court recently restrained an assignee to use the trademarks made under the assignment of trademarks on the ground that the assignee did not apply to the Registrar within the maximum time frame of 9 months prescribed under Section 42 of the Trade Marks Act, 1999. The single judge bench of Justice Moushumi Bhattacharya observed:“In the present case, the assignment was made...
Repeatedly Fixing Immediate Dates Shows Judge Trying To Overpower Defence Counsel: Calcutta High Court Requests Trial Court To Adjourn Hearing
The Calcutta High Court on Thursday requested a Trial Court to adjourn the hearing in a criminal trial, stating that Fixing dates repeatedly immediately on the next date shows that the Judge is trying to over power the defence Counsel, putting him in some sort of trouble.Single judge bench of Justice Bibek Chaudhuri observed that a Trial Judge must be amenable to adjustment of dates according...
Section 12(5) Of The A&C Act Would Not Apply To An Arbitration That Commenced Before The 2015 Amendment: Calcutta High Court
The High Court of Calcutta has held that Section 12(5) of the A&C Act, which provides for ineligibility of a person to act as an arbitrator whose appointment falls under any categories mentioned under the Seventh Schedule to the Act, would not apply to an arbitration that commenced before the 2015 Amendment.The bench of Justice Shekhar B. Saraf held that the 2015 Amendment that added...
Calcutta High Court Commutes Death Sentence Of Murder Convict To Life Imprisonment With No Remission For 40 Years
The Calcutta High Court on Wednesday commuted the death sentence awarded to a convict by the trial court in a double murder case to life imprisonment without remission for a period of 40 years from the date of commission of offence.The division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi observed:“In the facts of the present case, the state has neither at the stage of...