Senior Advocate Kishore Datta Appointed As Advocate General Of West Bengal

The West Bengal government appointed Senior Advocate Kishore Datta as Advocate General (AG) for the State. The appointment was confirmed by the Governor's office on 16th December 2023.This followed the resignation of Sr Advocate SN Mookherjee, who held the post of AG from 2021 and resigned on November 10, 2023, citing personal reasons. This marks a second stint as AG for Datta who had...

Calcutta High Court Seeks MHA Report On Plea Challenging 'Illegal' Recruitment Of Foreign Nationals As Sea-Farers On Indian Flag-Carrier Ships

The Calcutta High Court today heard a plea based on a whistleblower's complaint, seeking a National Investigation Agency (NIA) probe into the alleged engagement of 'Pakistani & Iranian Nationals' as sea-farers on Indian Flag-carrying ships.Counsel for the petitioner submitted that service had not been effected on the respondents and that the petitioners did not wish to serve the...

Calcutta High Court Allows Early Release Of Convict Who Had Served 23 Yrs Of Life Imprisonment Sentence For Murdering Wife & 5 Children

The Calcutta High Court has allowed a plea for early release, moved by a convict, who had been sentenced to life imprisonment for murdering his wife and five children by strangulation inside their house, as well as stabbing another tenant of the premises with a sharp weapon. A single bench of Justice Sabyasachi Bhattacharya noted that the convict had suffered almost 23 years of imprisonment...

'Corruption Hanging Like An Albatross Around Recruitment': CBI Tells Calcutta High Court On Tampering Of OMR Sheets In Cash For Jobs Scam

The Calcutta High Court on Tuesday recorded reports filed by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) notifying the Court of the progress of their investigation into the multi-tier cash for jobs/recruitment scam in West Bengal.Earlier, a single bench of Justice Amrita Sinha had directed the agencies to submit their reports upon noting that the ED had...

Evidence Act, 1872 | When Documentary Evidence Available, Oral Testimony Not Sufficient To Rebut Its Probative Value: Calcutta High Court

The Calcutta High Court has recently held that when documentary evidence is available, oral testimony of witnesses would not be able to rebut its probative value. A single bench of Justice Siddhartha Roy Chowdhury held: When documentary evidence is available the oral testimony of D.W. 2 is not sufficient to rebut the probative value of Exhibit- 7, 8, 8/1 and 9. The Court was hearing an appeal...

Must Respect Citizen's Constitutional Right To Property: Calcutta High Court Directs State To Pay ₹2 Lakh Damages For Unlawfully Taking Possession

The Calcutta High Court has recently held that the State must protect citizens and respect their Constitutional right to property, enshrined under Article 300A of the Constitution of India.In directing the authorities to pay damages of Rs 2 lakhs for unlawfully evicting the plaintiffs from the suit property, without any basis in the year 2000, a single-bench of Justice Siddhartha Roy...

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage

The Calcutta High Court has recently held that a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act (HMA).In allowing the husband's plea for dissolution of marriage, a division bench of Justice Harish Tandon...

Cash For Jobs Scam | Plea In Calcutta High Court Against Accused Sujoy Krishna Bhadra For Stalling ED Probe By Getting Admitted To Hospital

The Calcutta High Court on Tuesday heard a plea mentioned by an advocate against Recruitment scam accused Sujoy Krishna Bhadra alias 'Kalighater Kaku.'The plea filed as a public interest litigation was mentioned before a division bench of Chief Justice TS Sivagananam and Justice Supratim Bhattacharya. It was argued that Bhadra had allegedly booked out a block for himself at SSKM hospital...

Wife Making Allegations Of Mental Illness Against Husband's Mother Not 'Cruelty': Calcutta High Court Dismisses Plea For Marriage Dissolution

The Calcutta High Court has recently dismissed an appeal by a husband challenging the decision of the trial court which dismissed his prayer for dissolution of marriage with his wife, granting him a decree of judicial separation instead. The petitioner/husband had alleged that the wife had committed acts of 'mental cruelty' by alleging that the petitioner's mother had a mental...

Use Of 'Silk' To Denote Paint's Finish Customary, Can't Be Protected As Trademark: Calcutta High Court Dismisses Berger's Plea Against JSW Paints

The Calcutta High Court recently dismissed an interim injunction application in a suit filed by Berger Paints to restrain JSW Paints from using the term 'SILK' in conjunction with their product range sold under the trademark 'HALO'.A single bench of Justice Krishna Rao held:The use of the expression “SILK” for paint finish is customary in the trade and is not capable of being protected...

Social Boycott Of Citizen Has No Place In Civilised Society, Must Be Strictly Dealt With By Admin: Calcutta High Court

Any social boycott of a citizen or his family member has to be dealt with strictly by the Administration. This has no place in a civilized society, the Calcutta High Court vacation bench observed in a case wherein a man and his family had been boycotted by their neighbourhood because they objected to, and obtained an interim order of injunction against a temple being constructed by the...

Calcutta High Court Annual Digest 2023 [PART- II] (Citations 148-353)

ORDERS/JUDGEMENTS“Reasons Are The Foundation Of Any Order": Calcutta High Court Allows Decco's Appeal Against Rejection Of Patent ApplicationCase: Decco Worldwide Post Harvest Holdings B.V & Anr. V The Controller of Patents and Designs & Anr. Citation: 2023 LiveLaw (Cal) 148The Calcutta High Court recently set aside an order passed by the Assistant Controller of Patents and...