Calcutta High Court
Installing CCTV Cameras Inside Residential Portion Of House Without Consent Of Co-Occupants Violates Right To Privacy: Calcutta High Court
The Calcutta High Court has held that installing CCTV cameras inside the residential portion of a dwelling house without the consent of the co-occupants or co-trustees amounts to a violation of their right to privacy.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held: In Justice K.S. Puttaswamy (Retd.) and Anr. vs Union of India, AIR 2017 SC 4161, the Supreme Court has...
AO Duty Bound To Dispose Of Assessee's Written Objections To Proposed Re-Assessment By Passing Speaking Order: Calcutta High Court
The Calcutta High Court recently upheld an ITAT order deleting the addition of over ₹4 crore made to the income of an assessee under the Income Tax Act, 1961 in reassessment action.A division bench of Chief Justice TS Sivagnanam and Justice Bivas Pattanayak held that the Assessing Officer had erred in not disposing of the written objection submitted by the assessee against the reopening of...
Trial Courts Must Dispatch All Physical Case Records Within 30 Days Of Receiving HC Communication: Calcutta High Court Frames Guidelines
The Calcutta High Court has laid down guidelines for trial courts to transmit case records after receiving orders from the High Court.A division bench of Justices Joymalya Bagchi and Subhendu Samanta stated that they had noticed a trend of trial courts delaying transmission of case records after receiving HC communication and that the same had led to a delay in the preparation of paper...
Calcutta High Court Rejects WB Govt's Appeal Against RG Kar Convict's Life Sentence; Admits CBI's Appeal
The Calcutta High Court has rejected an appeal by the state government against the life sentence handed to Sanjoy Roy, convicted for a gruesome rape and murder of a trainee doctor at Kolkata's RG Kar medical college.Justices Debangsu Basak and Shabbar Rashidi, however, admitted a separate appeal filed by the Central Bureau of Investigation (CBI) who had investigated the case.Earlier the court...
Calcutta High Court Monthy Digest: January 2025
NOMINAL INDEXMahabuba Rahaman & Ors. -vs- State of West Bengal & Anr. Citation: 2025 LiveLaw (Cal) 1Milan Mukhopadhyay @ Mukherjee Vs. The State of West Bengal & Ors Citation: 2025 LiveLaw (Cal) 2Jagbir Singh Versus The State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 3Association for Protection of Democratic Rights vs State of West Bengal Citation: 2025 LiveLaw (Cal)...
Calcutta High Court Declines Plea Seeking Extension Of Time For Trial Against Ex-RG Kar Principal Sandip Ghosh
The Calcutta High Court has declined to recall its order which denied a prayer by Ex-RG Kar College and Hospital principal Sandip Ghosh seeking an extension of time for the trial against him on charges of corruption and mismanagement.Earlier, Justice Tirthankar Ghosh had dismissed the prayer on the ground that Ghosh had been delaying the trial and had directed the special CBI court to...
Govt Authority Must Furnish Security Before Getting Stay On Award U/S 36(3) Of A&C Act, No Special Treatment Can Be Given: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar has held that special treatment cannot be given to the government while hearing a petition seeking stay on the enforcement of the award under section 36(3) of the Arbitration Act. Every petitioner including the government will have to furnish security or deposit the awarded amount before a stay on the enforcement of the award can...
Provident Fund's “Reserve & Surplus” Amount Transferred To Statutory Fund, Employees Can't Claim It Separately From Provident Fund Dues : Calcutta HC
The Calcutta High Court bench comprising of Justice Shampa Dutt (Paul) held that once a provident fund trust is dissolved and its funds are transferred to the statutory Provident Fund, employees cannot claim a separate share from the “Reserve & Surplus” fund after receiving their full dues. Background Facts The petitioners were the employees of Hindustan...
Calcutta High Court Directs Police Protection For Saraswati Puja At Kolkata Law College
The Calcutta High Court has directed the police authorities to provide security arrangements for Saraswati Puja festivities to be held at Jogesh Chandra Chaudhuri Law College in Kolkata.Justice Jay Sengupta further directed that the preparations be overseen by a commissioner-level officer and that no outsiders, including those with pending complaints, be allowed the enter the campus during...
Calcutta HC Directs Fresh Probe Into Custodial Death Of Four Undertrial Prisoners, Orders Action Against Non-Use Of CCTV In Police Stations
The Calcutta High Court on Thursday scrapped a final report by the West Bengal CID into the death of four undertrial prisoners at the Baruipur Correctional Home. The CID in its report had submitted that the prisoners had died due to their drug use and that there was no evidence of custodial torture.In going through the post-mortem report, a division bench of Chief Justice TS Sivagnanam...
Calcutta High Court Constitutes SIT To Probe Sandeshkhali Gang Rape Case, Flags Delay In Investigation
The Calcutta High Court has constituted a special investigation team (SIT) to probe allegations of gang rape in West Bengal's Sandeskhali allegedly involving politically influential persons.Justice Tirthankar Ghosh formed an SIT comprising Rahul Mishra, IPS and SDPO, Baduria, Basirhat Police District, along with Bireswar Chatterjee, Assistant Commissioner of Police, Homicide Section,...