Calcutta HC Commutes Death Sentences In Rape-Murder Case Of 5-Yr-Old Girl, Cites Convicts' Socio-Economic Backwardness

The Calcutta High Court has commuted the death sentence of two men, convicted for the rape and murder of a 5-year-old girl. It had been alleged that the men had sexually assaulted the girl using a bamboo shaft and later strangled her to death.While noting that the possibility of reformation could not be ruled out, a division bench of Justices Debangsu Basak and Md Shabbar Rashidi held: "On...

Impleading Non-Signatory Against Whom No Cause Of Action Is Disclosed Does Not Defeat Reference To Arbitration: Calcutta High Court

The Division Bench of Calcutta High comprising Justices Sabyasachi Bhattacharyya and Uday Kumar while deciding an appeal under Section 37, Arbitration and Conciliation Act (“ACA”) against the dismissal of an application for reference under Section 8, ACA observed that where a non-signatory party has been impleaded against whom no cause of action has been disclosed in the suit and who...

'Child's Identity Is Part Of Their Autonomy': Calcutta HC Directs Issuance Of Fresh Birth Certificate To Minor Seeking To Adopt Mother's Surname

The Calcutta High Court has directed the municipal authorities to issue a fresh birth certificate to a minor seeking to give up her father's surname and adopt her mother's surname.Justice Gaurang Kanth held: "The identity of a child, including her surname is an integral part of her personal development and autonomy. Courts have consistently held that when the change in name or surname does...

Long-Serving Employees Can't Be Denied Pension Just Because Their Posts Weren't Reflected On I-OSMS Portal: Calcutta HC

The Calcutta High Court bench comprising Justice Gaurang Kanth held that pension and retiral benefits cannot be withheld from long-serving municipal employees solely because their details were not uploaded against sanctioned posts in the i-OSMS portal due to digital system lapses. Background Facts The Petitioner, along with 147 other similarly situated employees, was appointed as...

[S.125 CrPC] Maintenance Is No Longer Granted To Barely Cover Subsistence, But As A Tool To Maintain Lifestyle: Calcutta HC

The Calcutta High Court has held that due to the development in jurisprudence around granting maintenance, it is no longer handed out as a payment for subsistence but instead to preserve the stability of one's lifestyle.A single bench of Justice Bibhas Ranjan De held: "The present time and age there has been a drastic change in the society with relation to marital obligations. Therefore,...

'When Pre-Cognizance Hearing U/S 223(1) BNSS Is Not Conducted, Further Proceedings Are A Nullity In Law': Calcutta High Court

The Calcutta High Court has set aside an order taking cognizance of proceedings initiated under the Prevention of Money Laundering (PMLA) Act, upon observing that cognizance had been taken by the special court, without complying with the mandatory requirement of holding a pre-cognizance hearing under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Justice Sabyasachi...

Calcutta High Court Half-Yearly Digest 2025

Prior Option To Work As Para Teacher Shouldn't Act As Deterrent, Calcutta HC Permits To Work As Samprasarak For Better Service BenefitsCase: Mahabuba Rahaman & Ors. -vs- State of West Bengal & Anr.Citation: 2025 LiveLaw (Cal) 1A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that prior exercised option to work as a para teacher should not act...

'Notice Must Be Issued To Accused Before Conducting Pre-Cognizance Hearing U/S 223 Of BNSS': Calcutta High Court Frames Guidelines

The Calcutta High Court has highlighted the scope of, and framed guidelines for conducting pre-cognisance hearings under Section 223 of the Bharatiya Nyaya Suraksha Sanhita (BNSS).Justice Dr Ajoy Kumar Mukherjee held: “Therefore, the procedure that needs to be followed on receipt of a complaint, in view of section 223 and concerned relevant provisions under the BNSS, would be as...

Calcutta High Court Acquits Three Sentenced To Death For Murdering And Dismembering Woman

The Calcutta High Court has acquitted three persons, who were charged with murder and sentenced to death for allegedly killing a woman and cutting her body up into several pieces, before disposing of it outside Sealdah Railway station.Jayanti Deb's body was discovered by the police in 2014, inside the parking lot of the railway station, dismembered into parts, which were kept inside a...

Calcutta High Court Imposes Restriction On Timings Of Processions For Martyrs' Day On July 21 To Aid Office-Goers

The Calcutta High Court has directed the Kolkata police to ensure that the processions slated to take place for the commemoration of Martyr's Day in Bengal on 21st July, do not cause any traffic congestions for the office-going public.Justice Tirthankar Ghosh restricted the movement of processions during office hours and held: "I direct that all human processions, which are entering...

Enhanced Criteria Would Attract Best Applicants: Calcutta High Court Dismisses Teachers' Appeals Against Fresh SSC Recruitment Rules

The Calcutta High Court has dismissed an appeal against a Single Judge order relating to the recruitment process initiated by the West Bengal School Service Commission for selection and appointment to the post of Assistant Teachers of upper primary level of Classes, except work education and physical education classes IX–X and Classes XI-XII, Rules of 2025.The present appeal was...

Calcutta High Court Mulls Imposing Restrictions On 'Martyrs' Day' Rally In Kolkata On July 21

The Calcutta High Court has orally remarked that it would consider imposing restrictions on the Martyrs' Day rally to be held by the state on 21st July, 2025. The rally is held every year by the state government, since 2011, in commemoration of a 1993 police firing at protestors from the Congress and Trinamool Congress party, which led to the deaths of 13 people.Justice Tirthankar Ghosh...