Calcutta High Court Directs Police To Probe Allegations Of Sexual Assault, Blackmail Leading To Student's Suicide At Medical College

The Calcutta High Court has directed the police to conduct a probe into the circumstances surrounding the death of a 23-year-old MBBS student at Murshidabad Medical College, who died by suicide on the college campus.The victim's father, who is also a police officer and presently posted at Chandigarh, filed a writ petition in the Calcutta High Court seeking a thorough investigation into...

[Arbitration] Executing Court Retains Jurisdiction To Modify Stay Order & Direct Deposit Of Remaining Amount With Interest: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar held that the court as an Executing Court retains jurisdiction to direct deposit of the remaining awarded amount along with interest before granting stay on the enforcement of the award, even if a stay order had already been passed upon filing an application to set aside the award, since modification of the conditions of the stay...

Delivery Of Certified Copy Of Award After Signing & Authentication Constitutes Valid Service U/S 31(5) Of Arbitration Act: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar held that delivery of a certified copy of the award, signed by the members, when properly addressed, stamped, and sent by speed post with delivery confirmed by the postal department, amounts to effective service even if the original signed copy of the award is not dispatched. The present application has been filed under section 47...

[S.91 CrPC] Accused Cannot Be Summoned To Produce Incriminating Evidence Against Himself: Calcutta High Court

The Calcutta High Court has held that an accused cannot be summoned under section 91 of the CrPC to provide incriminating material against himself, which would be used against him in trial.Justice Partha Sarathi Sen held: "It thus appears to this Court that from the series of reported decision as cited from the Bar it would reveal that it was never the legislative intent while enacting Section...

Searching For Another Job With Rival Company Is A Basic Right, Does Not Constitute Moral Turpitude: Calcutta High Court

The Calcutta High Court has held that an employee searching for another job with better pay or benefits, even with a rival company, does not amount to moral turpitude for the purpose of termination of employment.Justice Shampa (Dutt) Paul held: "Thus looking for another job, even if with a rival company (though, not proved in this case) with better perks and facilities is a basic right and...

PIL In Calcutta High Court Seeks Proper Maintenance Of Roads, Says Potholes & Poor Repairs Affect Citizens' Right To Life

A Public Interest Litigation (PIL) has been filed before the Calcutta High Court highlighting the urgent need for proper maintenance, repair, and safety measures of the arterial roads, residential roads, flyovers, bridges, and connectors of Kolkata, Howrah, and adjoining municipal areas.According to the petitioner, Akash Sharma, an Advocate of the Calcutta High Court, over the past years,...

Calcutta High Court Halts Grant Of Funds To Durga Puja Clubs Which Failed To Submit Report On Utilisation Of Funds

The Calcutta High Court has directed the state government to stop the grant of funds given to organise Durga Puja celebrations to clubs which failed to submit a certificate on utilisation of such funds granted in the previous year, as had been sought by the court.A division bench of Justices Sujoy Paul and Smita Das De passed the order.On an earlier occassion, the court had sought for the...

“Not Safe To Allow Local Police To Continue Investigation”: Calcutta High Court Transfers Khejuri Murder Probe To CID

The Calcutta High Court has directed the state CID to investigate the murder of two men who were brutally killed in West Bengal's Khejuri.Justice Tirthankar Ghosh held: “Having regard to the factum of instilling public confidence in an investigation both in respect of the manner of investigation process, the difference in the opinion of the Autopsy Surgeons and the fact that the...

Preventive Detention Becomes Unconstitutional When Used To Incarcerate For Past Offences Despite Grant Of Bail: Calcutta High Court

The Calcutta High Court has held that an order of preventive detention becomes unconstitutional when it is weaponised to punish for earlier crimes, and continue custody of an accused even after bail had been granted by the courts.A division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra held:"The legal distinction between preventive and punitive detention is well...

Calcutta High Court Grants Anticipatory Bail To TMC Leaders Accused In 2021 Post-Poll Violence Death Case

The Calcutta High Court has granted anticipatory bail to Paresh Paul, a 79-year-old MLA, Paresh Paul, and two others belonging to the ruling political party of the State, accused in a post-poll violence death case after the Assembly Elections of 2021. It was alleged that on 02.05.2021 in the afternoon, 7 or 8 unknown persons came to the house of the original de facto complainant and asked for...

Procedure U/S105 CrPC For International Service Of Summons Doesn't Extend To Revision Applications: Calcutta High Court

The Calcutta High Court has held that though procedural fairness is vital in criminal trials, the application of Section 105 of the CrPC for the service on summons on persons resident outside India in criminal matters does not extend to the service of notice in revisional matters abroad.Justice Bibhas Ranjan De held: "Revision applications, in my humble opinion, are primarily concerned...

Calcutta High Court Directs Police Commissioner To Not Assign Any Duties To Cop Over Alleged Assault On Advocate

The Calcutta High Court has directed the Commissioner Of Police, Kolkata, not to assign any further duty to Tushar Kumar Chandra, a police personnel attached to Bidhannagar East Police Station over the alleged assault on an advocate of the Calcutta High Court, Manujendra Narayan Roy.Justice Tirthankar Ghosh held: “The Deputy Commissioner of Police in charge of Bidhannagar (East) Police...