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 Calcutta High Court

Mutual Consent Divorce Under Hindu Marriage Act Valid Ground To Quash Cruelty Case U/S 498A IPC: Calcutta High Court

The Calcutta High Court has held that a subsequent amicable settlement of matrimonial disputes followed by dissolution of marriage through a mutual consent divorce under Section 13-B of the Hindu Marriage Act constitutes a valid ground for exercising the High Court's inherent jurisdiction to quash criminal proceedings under Section 498A of the Indian Penal Code.Justice Uday Kumar held that...

Calcutta High Court Quashes Order Directing TMC To Vacate Camac Street Office Over Fire Safety Violations, Orders Fresh Inspection

The Calcutta High Court has set aside an order directing the All India Trinamool Congress (TMC) to vacate the 6th and 7th floors of its office at Camac Street, Kolkata, over alleged violations of fire safety requirements.Justice Krishna Rao held that the Fire and Emergency Services authorities had passed the evacuation order without considering the party's reply to the fire safety notice...

Calcutta High Court Admits Plea Challenging Customs Action Against Obscene Adult Sex Toys, Says Authority Cannot Invoke Subjective Morality

The Calcutta High Court has held that a writ petition challenging Customs authorities' decision to treat imported goods described as “obscene adult sex toys” as prohibited goods was maintainable, observing that when a statutory authority allegedly enters the realm of “subjective morality” while affecting a citizen's fundamental right to trade, the High Court would not shut its...

Enquiry Report By Sitting HC Judge In Administrative Capacity Is Not Judicial Order, Cannot Be Referred To Larger Bench: Calcutta High Court

The Calcutta High Court has held that a disciplinary enquiry report prepared by a sitting High Court judge in his administrative capacity is not a judicial order, and therefore a writ petition challenging such a report does not warrant hearing by a Bench of two or more Judges.Justice Reetobroto Kumar Mitra was hearing a writ petition filed by Rajender Kumar Dudeja challenging...

Police Cannot Decide Legality Of Dairy Farms Or Health Hazard Claims, Pollution Control Board Is Appropriate Authority: Calcutta High Court

The Calcutta High Court has held that the police are not the appropriate authority to decide whether dairy farms are being operated in accordance with law or whether their operation is causing health hazards, directing a petitioner aggrieved by neighbouring dairy units to approach the West Bengal Pollution Control Board.Justice Saugata Bhattacharyya was hearing a writ petition filed by...

Do Not Appreciate Conduct Of Administration: Calcutta High Court On BDO Halting Court-Ordered Demolition

The Calcutta High Court has strongly criticised the administration for stopping the demolition of an unauthorised construction after the period granted to the occupants for voluntarily removing the structure had expired, observing that the authorities could not have discontinued the process despite an order of the Constitutional Court directing demolition."We fail to understand how the...

Calcutta High Court Directs CBI To Probe Money Trail Behind 42 Allegedly Unauthorised Buildings, Seeks KMCs Demolition Plan

The Calcutta High Court has directed the Central Bureau of Investigation (CBI) to conduct a preliminary enquiry into allegations concerning a large number of completely unauthorised multi-storeyed buildings in Kolkata, including the alleged flow of multiple crores of rupees into their construction and sale.A Division Bench comprising Chief Justice Ravindra Vithalrao Ghuge and Justice...

Calcutta High Court Upholds Jail Sentence For Building Owner Who Carried Out Unauthorised Construction Under Roof-Repair Permit

The Calcutta High Court has upheld a two-year sentence imposed on a building owner for carrying out unauthorised construction under the cover of a municipal permit that was limited to reconstruction of the roof of an existing two-storeyed structure. Justice Uday Kumar held that a permission granted specifically for “reconstruction of roofs only” could not be treated as authorisation...

Concerned: Calcutta High Court Orders State To Reply To PIL Seeking Road Access For Students Forced To Walk On Marshland To Reach School

The Calcutta High Court has expressed concern over the lack of an access road to two schools in South 24 Parganas, observing that students were being forced to wade through marshy land to reach a newly constructed school building for midday meals.A Division Bench comprising Chief Justice Ravindra V. Ghuge and Justice Tapabrata Chakraborty made the observation while hearing a public...