[NDPS Act] No Infirmity If Forensic Lab Directly Gives Chemical Report To Trial Court, All Involved In Criminal Trial Must Reduce Delay: Calcutta HC

The Calcutta High Court has held that there can be no infirmity in the trial of an NDPS case if the forensic laboratory sends the chemical report directly to the trial court instead of it being submitted as part of the supplementary chargesheet by the investigating agency.A division bench of Justices Arijit Banerjee and Apurba Sinha Ray held that just because the report was sent directly to...

Calcutta High Court Upholds Arbitral Award Directing KMDA To Refund Amount Deposited By South City Projects Under MoU

The Calcutta High Court bench of Justices Harish Tandon and Madhuresh Prasad has held that findings of the Arbitrator based material cannot be interfered with within the limited scope of proceedings under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Brief Facts: The present appeal has been filed under section 37 of the Arbitration Act against...

Calcutta High Court Chief Justice Recuses From Hearing PIL Against Ex-Police Commissioner Vineet Goyal Citing Personal Reasons

Calcutta High Court Chief Justice TS Sivagnanam on Thursday recused from hearing a PIL against former Kolkata Police commissioner Vineet Goyal for allegedly revealing the name of the deceased victim in the RG Kar rape and murder case.The Chief Justice was presiding over a division bench which was hearing the matter but recused from hearing it when the matter was called upon this occasion.In...

'Nightmare For Drivers': Plea In Calcutta High Court Flags Blue & White Colour Markings On Roads In Bengal As Unsafe

A public interest litigation filed before the Calcutta High Court has flagged the blue and white colour scheme used all over the city's road and bridge markings as unsafe, potentially being a 'nightmare for drivers'.Counsel approached a division bench presided over by Chief Justice TS Sivagnanam and submitted that this blue and white colour scheme was against the mandate of the Indian...

"Only Worried About Votes And Not The Voters": Calcutta High Court Slams State Over Lack Of Medical Facilities In Rural Areas

Calcutta High Court Chief Justice TS Sivagnanam on Tuesday took severe exception to the lack of medical facilities provided by the state government to hospitals in rural areas.While hearing a matter on a hospital in Mathurapur, where the number of ten beds had not been increased since 1976, the Chief Justice sitting on a division bench also comprising Justice Chaitali Chatterjee (Das)...

Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC

The Calcutta High Court has held that a mere threat of implicating someone in a false criminal case, without any positive act that pushes the victim over the edge, would not be sufficient to attract the offence of abetment to suicide under Section 306 of the IPC.Justice Ajoy Kumar Mukherjee held: "There is no material against the petitioners of such a nature that the victim was left with...

"Didn't Have Conscious Possession": Calcutta High Court Grants Bail To Delivery Boys Booked Under NDPS Act For Transporting Illicit Goods

A Division Bench of Calcutta High Court has granted bail to three accused persons who were delivery boys of Delhivery Ltd, accused of offences under the NDPS Act,1985.The division bench of Justices Tapabrata Chakraborty and Prasenjit Biswas held that the accused persons were employed as delivery boys by Delhivery and were doing their regular course of duty by picking up the shipments...

Calcutta High Court Allows Rally To Be Addressed By RSS Chief Mohan Bhagwat In Bengal

The Calcutta High Court has allowed a rally by the Rashtriya Swayamsewak Sangh (RSS) to be addressed by the organisation's 'Sarsanghachalak' Mohan Bhagwat in Kolkata. Justice Amrita Sinha allowed the rally to go ahead after the State had denied permission for the same due to the ongoing Madhyamik exams in nearby schools, over the use of loudspeakers.In noting that the rally was scheduled for...

Plaint Cannot Be Rejected Even If No Satisfaction Is Recorded By Court On Bypassing Pre-Institution Mediation U/S 12A Of Commercial Courts Act: Calcutta HC

The Calcutta High Court bench of Justice Raja Basu Chowdhury has held that admission of the plaint by the Commercial Court without recording satisfaction as to whether the requirement of pre-institution mediation under section 12A of the Commercial Courts Act, 2015 (“Commercial Courts Act”) can be bypassed and a case for urgent relief is established, cannot be said to be fatal and...

State Withdrawing Such Cases Sends Wrong Message To Society: Calcutta HC Orders Fresh Trial In Ten Criminal Cases Tied To Nandigram Unrest

The Calcutta High Court has ordered a fresh trial in ten cases relating to murder and possession of illegal weapons, which took place during the unrest in Bengal's Nandigram region between the years 2007 and 2009.A division bench of Justices Debangsu Basak and Md Shabbar Rashidi ordered the retrial and held: "More than 10 persons had been murdered in different incidents in a locality....

Courts Must Be Pragmatic In Criminal Cases Arising From Matrimonial Disputes, Tendency To Implicate Husband & His Relatives Not Uncommon: Calcutta HC

The Calcutta High Court has held that since it is not uncommon for a husband and his family members to be implicated in criminal cases arising out of a matrimonial dispute, the courts adjudicating on such matters shall take into account pragmatic realities.Justice Ajay Kumar Gupta held: The tendency to implicate the husband and all his immediate relatives is also not uncommon. Even...

Union Govt Notifies Appointment Of Judicial Officer As Calcutta High Court Judge

The Ministry of Law and Justice has notified the appointment of Judicial Officer Chaitali Chatterjee (Das) as a judge of the Calcutta High Court. The notification states: In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint Smt. Chaitali Chatterjee (Das) to be an Additional Judge of the Calcutta High Court for a...