Calcutta High Court Monthly Digest: December 2024

Calcutta High Court Grants Bail To Former TMC Aide Ayan Sil In Recruitment Scam CaseCase: Ayan Sil v/s. Enforcement Directorate Kolkata Zonal Office-II Citation: 2024 LiveLaw (Cal) 261The Calcutta High Court has granted bail to former TMC leader Santanu Banerjee's aide Ayan Sil in connection with the infamous cash-for-jobs recruitment scam, in which high ranking Trinamool Congress leaders were being probed by the ED and CBI. Justice Suvra Ghosh while allowing Sil's bail plea noted that many similarly placed accused, including Banerjee himself had also been granted bail by the High Court, and that there was no scope for the trial to commence in the foreseeable future.Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High CourtCase: LOB DAS VS. THE STATE OF WEST BENGAL & ANOTHER. Citation: 2024 LiveLaw (Cal) 262The Calcutta High Court has allowed an accused in a rape case to undergo a paternity test in order to prove his claim that he had "non-access" to the alleged victim who claimed to have been raped by him and subsequently become pregnant. Justice Shampa (Dutt) Paul relied on the Supreme Court case of Dipanwita Roy vs. Ronobroto Roy and held: "In the present case, there is admittedly no marriage between the parties. The victim girl claims the child to be that of the petitioner. On the other hand, the petitioner denying the paternity of the child has claimed non access to the relationship. Thus, when “non-access” is claimed in such a relationship, it is the right of the accused to have the same proved by way of evidence available/possible.""Public Property Or Public Servants Should Not Be Attacked During Protests On Bangladesh Issue": Calcutta High Court Warns OrganisersCase: DR. SWAPAN DASGUPTA AND ANR VS STATE OF WEST BENGAL AND ORS Citation: 2024 LiveLaw (Cal) 263The Calcutta High Court on Tuesday allowed permission for a rally to go ahead in Kolkata, protesting against the alleged atrocities taking place against Hindus in Bangladesh on 5th December. While granting permission for the rally, Justice Tirthankar Ghosh orally warned the petitioners' counsel that no vandalism or attacks should take place against public property or public servants at the protests. The judge stated that in case there was any outbreak of violence, the court would henceforth impose a bond condition before allowing permission for such rallies.Enforcement Of Litigant's Undertaking Continues Notwithstanding Disposal Of Matter Till Such Undertaking Is Discharged: Calcutta High CourtCase: MR. PROJAY SINGHA ROY VS RAJASTHAN FERTILIZERS & CHEMICAL CORPORATION LIMITEDCitation: 2024 LiveLaw (Cal) 264On 22.11.2024, a Division Bench of the High Court at Calcutta comprising of Justice Joymalya Bagchi and Justice Gaurang Kanth, while dismissing an appeal from a contempt petition filed against the partners of M/s Bengal Industrial Corporation by Rajasthan Fertilisers & Chemical Corporation Limited held “contempt proceeding has been instituted to enforce an undertaking given by the contemnors in GA/2/2022. Enforcement of an undertaking given by a litigant would continue notwithstanding disposal of a matter till the undertaking is discharged.”Police Behaving Customarily, Not Adapting Themselves With Change Of Time: Calcutta High Court Emphasizes Need For Training To CopsCase: MADHUMITA BIBI VS THE STATE OF WEST BENGAL AND ORS. Citation: 2024 LiveLaw (Cal) 265The Calcutta High Court on Wednesday emphasised the need for relevant training to be imparted to police officers. Justice Tirthankar Ghosh expressed surprise at the fact that police in the state were behaving in a "customary manner" and not adapting themselves with the changing times. The Court was dealing with a case of police inaction, brought by a litigant who claimed embezzlement of funds at a cooperative society. The petitioner claimed that when they discovered the documents which pointed to the embezzlement, she was assaulted.Calcutta High Court Directs Payment Of Over ₹8 Lakhs To Kin Of Man Who Died After Falling From Moving Train 23 Yrs AgoCase: SADHAN DALUI & ORS. VS. UNION OF INDIA Citation: 2024 LiveLaw (Cal) 266The Calcutta High Court has overturned the order of the railway tribunal and directed the payment of Rs 8 lakhs along with interest, to the kin of a man who died after falling from a moving train in 2001. Justice Shampa (Dutt) Paul held: The original ticket produced and the number of the ticket being the same as the number given in the claim application prima facie proves that the victim in this was a bonafide passenger of the Indian Railways. The D.P. memo and its entries relating to the opinion of the M.O., injuries noted in the P.M. Report of O/C Bantra and the FIR of the U.D. Case all show that the death of the victim was due to accidental falling from a train carrying passengers.Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay...

Calcutta High Court Monthly Digest: December 2024

Srinjoy Das