Calcutta High Court
Calcutta High Court Denies Relief To Excise Officer Caught While Allegedly Demanding Bribe To Grant Licence
The Calcutta High Court has refused to quash corruption proceedings against a Deputy Excise Collector accused in a trap case, holding that the existence of prima facie material showing demand and handling of tainted money must be tested at trial.Justice Apurba Sinha Ray dismissed a criminal revision filed under Section 482 CrPC seeking quashing of proceedings under Sections 7 and 13 of...
PMLA Bail Granted After 3 Years' Custody; Calcutta High Court Says Article 21 Can Override Twin Conditions In Cases Of Prolonged Custody
The Calcutta High Court has granted bail to an accused in a money laundering case, holding that prolonged pre-trial incarceration of over three years violates the fundamental right to personal liberty under Article 21 and can justify relaxation of the stringent twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA).Justice Suvra Ghosh observed that howsoever stringent...
Service Of Showcause Notice Via Email Valid Under PMLA Regulations: Calcutta High Court
The Calcutta High Court has held that in proceedings under the Prevention of Money Laundering Act, 2002 (PMLA), the issue of whether all “relied upon documents” (RUDs) have been duly supplied to the noticee must be determined by the Adjudicating Authority at the threshold, before proceeding further with the case. Deciding a writ petition filed by Dipak De, Justice Krishna Rao declined...
Dying Declaration Full Of Suspicious Circumstances Cannot Sustain Conviction: Calcutta High Court Acquits Husband In Wife's Murder Case
The Calcutta High Court has acquitted a man convicted of murdering his wife, holding that a dying declaration surrounded by suspicious circumstances cannot form the sole basis of conviction. A Division Bench of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay set aside the 2015 trial court judgment which had sentenced the appellant to life imprisonment under Section 302 IPC, observing...
Failed To Explain Death Of Woman Living With Him: Calcutta High Court Upholds Man's Life Sentence For Murder, Relies On 'Last-Seen' Theory
The Calcutta High Court has upheld the conviction and life sentence of a man for murdering a woman with whom he was living, holding that the chain of circumstantial evidence, including the “last seen” theory and the accused's conduct after the incident, clearly established his guilt.A Division Bench of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay dismissed an appeal filed by...
Calcutta High Court Orders SIT Probe Into 13-Year-Old Girl's Kidnap, Rape & Murder Case, Cites Serious Lapses In Police Investigation
The Calcutta High Court directed a fresh probe by a Special Investigation Team (SIT) into the alleged kidnapping, rape and murder of a 13-year-old girl in Murshidabad, observing that the investigation conducted so far suffered from serious lacunae and failed to inspire confidence.A Single Bench of Justice Jay Sengupta was hearing a revision petition filed by the victim's mother seeking...
Notional Income Of Student Must Reflect Future Prospects For Motor Accident Claim, Cannot Be Treated As Unemployed: Calcutta High Court
The Calcutta High Court enhanced compensation in a motor accident claim case filed by parents who lost their two sons in a road accident, holding that the notional income of a deceased student should not be assessed merely on the basis of his temporary earnings during student life but must also reflect his future earning prospects.A Single Bench of Justice Biswaroop Chowdhury was hearing...
“Landlord Is Best Judge Of His Requirement”: Calcutta High Court Allows Eviction For Construction Of Toilet
The Calcutta High Court allowed a second appeal and restored a trial court decree for eviction, holding that a landlord's requirement to construct a toilet in premises lacking such basic facility constitutes a bona fide and reasonable requirement under the West Bengal Premises Tenancy Act, 1956. The judgment was delivered by Justice Sugato Majumdar.The plaintiffs had filed a suit seeking...
'Security Concerns Cannot Justify Non-Statutory Building Restrictions': Calcutta High Court Quashes Conditions On Project Near Nabanna
The Calcutta High Court has held that municipal authorities cannot impose building-sanction conditions that lack statutory backing merely on the basis of security concerns raised by police authorities regarding nearby sensitive installations. The Court observed that allowing such conditions would permit executive authorities to override the statutory scheme governing building...
Calcutta High Court Upholds Life Sentence Of Men For Raping 14-Yr-Old In Train's Army Compartment After Forcing Her To Drink Liquor
The Calcutta High Court has upheld the conviction and sentences awarded to three men for the rape of a minor girl on a moving train, holding that the prosecution had proved the charges beyond a reasonable doubt through consistent victim testimony, medical evidence, and corroborating circumstances.A Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi dismissed three...
Trial Judge 'Put Words In Mouth Of Witness': Calcutta High Court Acquits Death Row Convict In Political Murder Case
The Calcutta High Court refused to confirm the death sentence imposed on a man convicted of murdering a political worker and ultimately set aside both the conviction and sentence, citing serious evidentiary gaps, investigative lapses, and fundamental errors in the trial court's appreciation of evidence.A Division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray was dealing with...
BNSS | Person Cannot Be Detained For Breach Of Interim Bond Pending Preventive Inquiry: Calcutta High Court
The Calcutta High Court held that a person cannot be taken into custody merely for alleged breach of an interim bond for good behaviour executed during preventive proceedings, clarifying that detention under the Bharatiya Nagarik Suraksha Sanhita, 2023 is permissible only when there is a breach of a final bond ordered after completion of the statutory inquiry. Justice Dr. Ajoy Kumar...