Calcutta High Court Restrains WB Police From Taking Coercive Action Against BJP IT Cell Head Amit Malviya Over Allegedly Communal Comments On Saraswati Puja

The Calcutta High Court has temporarily restrained the state police from taking any coercive action against BJP IT Cell Head Amit Malviya who had been implicated in a criminal case for allegedly inciting communal tensions.A single bench of Justice Jay Sengupta took note of the tweet posted by Malviya on 'X' formerly Twitter, which was alleged to have incited communal hatred by making uncalled...

Investment Made From Share Premium Without Any Noticeable Business Activity, Legitimacy Of Income Not Established: Calcutta High Court

The Calcutta High Court has held that the source of investments by those two companies is also the share capital and share premium raised by them while issuing their own shares to other closely held companies, and those companies had no noticeable business activities.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya, while upholding the ITAT's order, noted that...

Cooperative Bank Employees Not Covered Under Definition Of “Public Servant” As Per Section 21 Of IPC In Context Of Election Duties: Calcutta High Court

A single bench of the Calcutta High Court comprising of Justice Sabyasachi Bhattacharyya, while deciding Writ Petitions in the case of Malda District Central Cooperative Bank Employees Association and others vs. The Election Commission of India and others, held that Cooperative bank employees cannot be considered as “public servants” under Section 21 of the IPC when it comes...

Misconceived Section 9 & Section 11 Applications; Bar Should Take Necessary Steps, Spare Courts Of 'Unpleasant Duty': Calcutta High Court

The Calcutta High Court single bench of Justice Ravi Krishan Kapur held that it is for members of the Bar to introspect and take necessary steps and spare the Courts of the unpleasant duty. The decision came while reviewing applications presented before the Commercial Court and High Court, which were held to be beyond their jurisdiction. Specifically, the Commercial Court was held...

Evidence Of Prosecution Witness Being Inconsistent With Medical Evidence Is Most Fundamental Defect In Prosecution's Case: Calcutta High Court

The Calcutta High Court has recently held that if there is an inconsistency between the evidence of the witness for the prosecution and medical evidence, it would signify a fundamental defect in the case of the prosecution, which unless reasonably explained would discredit the entire prosecution case. A single bench of Justice Shampa (Dutt) Paul modified the sentence imposed on the accused...

Attempts By Arbitrator To Reach Settlement Cant Be Termed As 'Conciliation Proceeding' Under Part III: Calcutta High Court

The Calcutta High Court division bench of Justice I. P. Mukerji and Justice Biswaroop Chowdhury held that attempts made by the arbitrator to encourage the parties to reach a settlement cannot be termed as 'conciliation proceeding' under Part-III of the Arbitration and Conciliation Act, 1996. The bench held that conciliation is seen as an independent proceeding or an alternative...

Calcutta High Court Judge Recuses From Hearing BJP Lok Sabha Candidate & Former Judge Abhijit Gangopadhyay's Plea For Quashing FIR, Cites Personal Relations

On Tuesday, Calcutta High Court judge Justice Jay Sengupta recused from hearing a plea by former judge and BJP Lok Sabha Candidate Abhijit Gangopadhyay seeking to quash an FIR registered against him, accusing him of attempt to murder, for allegedly assaulting protesting teachers while participating in a BJP rally at Tamluk.Justice Sengupta recused from hearing the plea upon stating that he...

[1993 Bow Bazar Blast] Calcutta High Court Stays Early Release Of TADA Convict, Admits State's Appeal

The Calcutta High Court has recently stayed an order by a single bench which allowed the early release of a convict serving life imprisonment for involvement in the infamous Bowbazar blast, which devastated the city of Kolkata in the 1990s, by claiming 69 lives and destroying several buildings. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya stayed the order...

Writ Challenging Termination Of Teaching Staff From Private Unaided Educational Institution Not Maintainable If Dispute Involves Private Contract Matters: Calcutta High Court

A single bench of the Calcutta High Court comprising of Justice Hiranmay Bhattacharyya while deciding a writ petition in the case of Rita Ghoshdastidar v. St. Joseph & Mary's School and Ors. has held that a writ petition challenging the termination of a teaching staff member from a private unaided educational institution is not maintainable if dispute primarily involves...

Plea In Calcutta High Court Seeks To Quash FIR Against Former Judge, BJP Lok Sabha Candidate Abhijit Gangopadhyay

A plea has been filed in the Calcutta High Court seeking to quash an FIR against former judge and BJP Lok Sabha Candidate from Tamluk, Abhijit Gangopadhyay who has been named as an accused in an attempt to murder case.The matter will be heard by a single bench of Justice Jay Sengupta on Tuesday, 14th May.It was stated by the complainants that Gangopadhyay had allegedly assaulted...

We Don't Operate In A Totalitarian State, Govt Can't Exercise Blanket Power Over Every Institution Under The Sun: Calcutta High Court

The Calcutta High Court has recently allowed a plea by the Associations, working for the Malda Districts Central Cooperative Bank and the Mugberia Central Cooperative Bank (petitioners), directing that the Election Commission of India (ECI) shall not requisition them for the purpose of any parliamentary elections, since the organisations which they worked in, were not created by any statute...

Recovery Of Excess Payment To Employee On Ground Of Erroneous Pay Scale, Cannot Be Made At End Of Service: Calcutta High Court

A single judge bench of the Calcutta High Court comprising of Hon'ble Justice Rajasekhar Mantha, while deciding Writ Petition in the case of Badal Kumar Mandal vs. Chairman Indian Museum Board Of Trust And Ors., held that irrespective of whether the upgradation of pay scale and posts is made contrary to law, recovery of any excess payment received by the employee on the ground of...