Calcutta High Court
S.23 Senior Citizens Act | Subsequent Undertaking By Transferee To Provide Basic Amenities Can Be Considered Part Of Transfer Deed: Calcutta High Court
The Calcutta High Court recently upheld an order of the Maintenance Tribunal which allowed an octogenarian transferor to revoke the gift deed made in favour of the transferee on the ground that the transferee harassed and failed to provide maintenance to the transferor, contrary to the specific undertaking given by the transferee. The single judge bench of Justice Moushumi...
Calcutta High Court Commutes Death Penalty Of Man Convicted For Murdering Parents, Awards Life Imprisonment Without Remission
The Calcutta High Court on Monday commuted a death row prisoner's sentence to life imprisonment till natural life without remission. The man last year was awarded a death sentence by the trial court for murdering his parents.The division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi said:“The Constitutional Court can award a life sentence without any remission. This aspect...
Assisted Reproductive Technology Act Appears To Have Discounted Relevance Of Male Counterpart In ART Process: Calcutta High Court
The Calcutta High Court on Monday observed that the omission under the Assisted Reproductive Technology (Regulation) Act, 2021 to treat a 'commissioning couple' as a separate unit coupled with the omission to prescribe an age for a 'gamete donor' leads to the argument that a woman’s age is the only relevant factor for a commissioning couple for availing of ART services.While hearing a...
Calcutta High Court Grants Interim Relief To Couple Denied IVF Citing Age Bar In Assisted Reproductive Technology Act, Orders Preparation Of Embryo
The Calcutta High Court on Friday granted interim relief to a married couple who was denied IVF (In vitro Fertilization), citing the age bar for couples under Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021.The provision mandates a man to be aged above 21 years and below 55 years for being eligible for assisted reproductive technology services. The upper age limit...
S.167(5) CrPC | Magistrate Can't Issue Automatic Order Without Anything Else To Stop Investigation Upon Expiry Of Six Months: Calcutta High Court
The Calcutta High Court on Thursday held that under Section 167(5) of CrPC, there cannot be an automatic order issued by a magistrate, without anything else, to stop further investigation on expiry of six months from the date of arrest.The single judge bench of Sugato Majumdar observed:“Section 167 (5) of CrPC unequivocally states that the Magistrate can stop investigation on contingency...
Article 311 Constitution Not Applicable To Armed Force: Calcutta High Court Refuses To Interfere With BSF Constable's Dismissal
The Calcutta High Court on Monday refused to interfere with the dismissal order of a BSF Constable who overstayed his leave, on the ground that Article 311 of the Constitution is applicable only to the holders of civil posts and not to the members of the Armed Forces. Article 311 lays down ground rules for dismissal, removal or reduction in rank of persons employed in civil capacities under...
Calcutta High Court Quashes Income Tax Notices Issued In The Name Of Non-Existing Company
The Calcutta High Court has quashed the income tax notice issued in the name of a non-existing company, in spite of the department having notice and knowledge of non-existence of the company.The single bench of Justice Md. Nizamuddin observed that the notice has been issued in the name of the company, which has already been amalgamated on December 12, 2016 with effect from April 1, 2015, and...
Calcutta High Court Refuses To Recall Order Dismissing Commercial Suit Over Non-Appearance, Says Advocate Duty Bound To Make Alternative Arrangement
The Calcutta High Court on Monday refused to recall its order of dismissal of a commercial suit and interlocutory application on the ground that plaintiff had not been diligent in proceeding as it did not appear before the court for three months after filing of the suit. The single judge bench of Justice Ravi Krishan Kapur observed:“No litigant is relieved of his or her duties and...
Temperament Basic Attribute Of Judges, Can't Project Ill-Feelings Towards Litigants, Law Enforcing Agencies: Calcutta High Court
The Calcutta High Court at Jalpaiguri recently quashed an order of Judicial Magistrate which directed a Police Officer to appear personally before his Court to file show-cause as well as execution report of a warrant of arrest against a medical officer, failing which he shall be liable to face penal consequences. While quashing the order, the single judge bench of Justice Bibek...
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...