Calcutta High Court
Baseless Allegations Of Husband's Affair, Attempt To Kill Child Amount To Mental Cruelty: Calcutta High Court Grants Divorce
The Calcutta High Court has held that reckless and unsubstantiated allegations made by a spouse against the other in pleadings, including accusations of illicit affairs and serious criminal acts without supporting evidence, amount to mental cruelty and can justify dissolution of marriage.A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya made the...
Delay In FIR Not Fatal In Motor Accident Claims As Families First Rush Victims To Hospital: Calcutta High Court
The Calcutta High Court has observed that delay in lodging an FIR in motor accident cases cannot be treated as fatal, noting that in Indian society the immediate priority of family members is to rush the injured to hospital rather than approach the police.Justice Biswaroop Chowdhury made the observation while partly allowing an appeal filed by National Insurance Company Limited against...
Child Witness Who Saw Father Kill Mother Through Window Reliable: Calcutta High Court Upholds Life Sentence
The Calcutta High Court has upheld the life imprisonment of a man convicted for murdering his pregnant wife, holding that the testimony of their minor son, who witnessed the crime, was trustworthy and remained unimpeached in cross-examination.A division bench of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay dismissed the appeal filed by the accused and affirmed his conviction...
Voluntary Transfer Causes Loss Of Seniority, Not Past Service For Promotion Eligibility: Calcutta High Court
The Calcutta High Court has held that a member of the Railway Protection Force who seeks transfer on request or through mutual exchange loses seniority at the transferred place, but such transfer does not wipe out the employee's past service for determining eligibility for promotion.A Division Bench comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas dismissed an intra-court...
Land Dispute Given Colour Of SC/ST Act To Wreak Vengeance: Calcutta High Court Quashes Case Against Two Accused
The Calcutta High Court has quashed criminal proceedings against two accused in a case involving allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, holding that the dispute between the parties primarily arose out of a long-standing civil land dispute and appeared to have been given a colour of criminality as a retaliatory measure.Justice...
Bail Order Must Bear Magistrate's Full Signature; Mere Initials Undermine Judicial Solemnity: Calcutta High Court
The Calcutta High Court has set aside a bail order passed by a Magistrate after finding that the order sheet bore only the initials of the presiding officer instead of a full and legible signature, holding that such authentication is contrary to the mandatory requirements governing the recording of judicial orders.Justice Uday Kumar observed that a judicial order, being a public document,...
'Contractual Marriage' On Stamp Paper Is Nullity Under Hindu Law, Cannot Form Basis For Bigamy Or Cruelty Charges: Calcutta High Court
The Calcutta High Court has quashed criminal proceedings alleging bigamy and matrimonial cruelty against a man after holding that a “marriage” based solely on signing a non-judicial stamp paper is not recognised under Hindu law and cannot form the foundation for prosecution under Sections 494 or 498A of the IPC.Justice Uday Kumar observed that a contractual arrangement recorded on stamp...
Conditional Acceptance In Tender Does Not Create Concluded Contract Until Conditions Are Fulfilled: Calcutta High Court
The Calcutta High Court recently dismissed a writ petition challenging a fresh e-auction notice issued by the Murshidabad Zilla Parishad for the settlement of the Balia Shyampur Ferry Ghat, holding that no concluded contract had come into existence as the successful bidder failed to comply with a mandatory tender condition requiring submission of a bank guarantee.Justice Kausik Chanda held...
Failure Of Family To Act Despite Alleged Harassment Raises Doubt: Calcutta High Court Acquits Husband In 1987 Dowry Death Case
The Calcutta High Court has set aside the conviction of a husband in a decades-old dowry death case, holding that the prosecution failed to prove allegations of cruelty and abetment of suicide beyond a reasonable doubt, particularly in light of significant omissions in witness statements and unexplained delays in lodging the complaint.Justice Prasenjit Biswas observed that the testimonies of...
Calcutta High Court Quashes Forgery Case Against Calcutta University Professor, Says Mere Suspicion Cannot Lead To Trial
The Calcutta High Court has quashed criminal proceedings against a University of Calcutta professor accused of forgery and misappropriation of research project funds, holding that the materials collected during investigation raised only “suspicion” and not the “grave suspicion” necessary to put an accused to trial.Allowing a criminal revision, Justice Tirthankar Ghosh ruled...
'Bamboo Stick Or Rod Not An Instrument Likely To Cause Death': Calcutta High Court Reduces Man's Sentence
The Calcutta High Court has held that while a fracture injury squarely falls within the definition of “grievous hurt” under the Indian Penal Code, an assault with a bamboo stick or rod cannot automatically attract the offence of causing grievous hurt by a “dangerous weapon” under Section 326 IPC. Modifying the conviction of six persons, the Court ruled that such objects are not...
Calcutta High Court Cancels Bail Of POCSO Accused, Flags Trial Court's 'Mechanical' Grant Of Bail Once Chargesheet Was Filed
The Calcutta High Court has cancelled the bail granted to an accused booked for aggravated penetrative sexual assault on a 14-year-old girl, holding that a trial court cannot grant liberty in serious POCSO cases merely because the chargesheet has been filed. Setting aside the order of the Sessions Court, Justice Bivas Pattanayak observed that bail discretion must be exercised judiciously...