Calcutta High Court
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...
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...