Section 94 BNSS Is 'Supplementary Tool' For Seeking Production Of Documents During Probe To Prevent Failure Of Justice: Calcutta High Court

The Calcutta High Court has held that the objective of Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is to confer power to seek production of evidence deemed relevant for conducting of investigation, and which are not already on record.Justice Tirthankar Ghosh held: "The ultimate object behind Section 94 of BNSS is to confer power in the hands of the Court or in case of...

Expecting Educated & Earning Wife To Contribute To Household Expenses Is Not Cruelty: Calcutta High Court

The Calcutta High Court has quashed cases filed by a wife against her husband and in-laws, accusing them of cruelty under Section 498A the Indian Penal Code, and under various sections of the SC/ST Act and Juvenile Justice Act.Justice Ajay Kumar Gupta held: "The opposite party no. 2 is an educated and earning woman, and the routine expectations of contributing towards household expenses,...

Calcutta High Court Dismisses PIL Seeking CBI Probe Into Alleged Fraudulent Grant Of Caste Certificates Over Last 15 Yrs

The Calcutta High Court has dismissed a public interest litigation by the petitioners, seeking the cancellation of the caste certificates granted to the respondents, and for a CBI probe into the allegedly irregular grant of caste certificates by the state over the last 15 years.A division bench of Justices Sujoy Paul and Smita Das De held: "As analyzed above, the petitioners not only have...

Calcutta High Court Declines Plea By 'Tainted' Candidates Challenging Cancellation Of Admit Cards For SSC Re-Exam

The Calcutta High Court has declined a plea by 'tainted candidates' in the SSC Recruitment process, embroiled in the cash for jobs scam, challenging the cancellation of their admit cards to appear in the re-examination ordered by the Supreme Court.Their admit cards were cancelled in line with the Supreme Court's directions to disallow tainted candidates from the fresh recruitment process,...

Ramkrishna Mission Cannot Deny Appointment To Professor Merely Due To Divergent Views Expressed Online: Calcutta High Court

'The principles lived and experienced by Sri Ramakrishna, and further articulated by Swami Vivekananda, are of such universality that they may be accepted even by persons professing a different religion, faith, or ideology,' the court said.

Continuing Wrong By State Creating Continuous Injury : Calcutta HC Upholds Condonation Of Service Deficiency & Grants Pension

A Division bench of the Calcutta High Court comprising Reetobroto Kumar Mitra, J. and Tapabrata Chakraborty, J. held that in case of the continuing wrong creating a continuous source of injury due to delay on part of the State, the grant of pension upon condonation of deficiency in service is allowed. Background Facts The respondent's name was sponsored by the Employment Exchange...

Calcutta High Court Orders Demolition Of Tower At Elita Garden Vista Apartment Complex Over Fraudulently Obtained Sanction

The Calcutta High Court has directed the demolition of an additional tower constructed at the city's Elita Garden Vista housing complex, which had been constructed without the consent of the flat owners in the 15 towers, erected per the original sanction plan.Justices Rajasekhar Mantha and Ajay Kumar Gupta held:"There is no alternative to demolition when an additional structure is...

Calcutta HC Grants Anticipatory Bail To Wife Accused Of Abetting Estranged Husband's Suicide After Not Returning To Matrimonial Home

The Calcutta High Court has granted anticipatory bail to a woman who was accused of abetting the suicide of her estranged husband, by her mother-in-law, after the husband hung himself over the wife's refusal to return to the matrimonial home.In granting the plea, Justice Jay Sengupta held: "It will for the Courts to finally decide whether there is any element of abetment of suicide in this case....

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...