Calcutta High Court Weekly Round Up: June 19 To June 25, 2023

NOMINAL INDEXManoj Mishra v State of WB 2023 LiveLaw (Cal) 165Spot Billing Meter Readers Welfare Association v State of WB & ors 2023 LiveLaw (Cal) 166The State of West Bengal and Others v Sabita Roy and connected petitions. 2023 LiveLaw (Cal) 167Professor Syed Haider Hassan Kazimi & Ors. vs State of West Bengal & Anr 2023 LiveLaw (Cal) 168Kausik Ghosh & Ors. Vs. The State of West Bengal & Ors. 2023 LiveLaw (Cal) 169Ranju Jha Vs Narendra Kharka And Ors 2023 LiveLaw (Cal) 170Prakash Shaw v. State of West Bengal 2023 LiveLaw (Cal) 171West Bengal State Election Commission and another vs. National Human Rights Commission and others 2023 LiveLaw (Cal) 172Dr Sanat Kumar Ghosh Vs The Chancellor, University Of Kalyani And Ors Faizan Md Zafar Vs State Of West Bengal And OrsAnupam Bera v Union of India Soumya Aich Roy & Anr. Vs The West Bengal State Election Commission And Ors. And Connected Petitions.Suvendu Adhikari v Rajiva Sinha, State Election Commissioner and other connected petitions.Sulagna Mukherjee v State of West Bengal & orsThe District Magistrate of Howrah & Others Vs Kashmira Begam Khan & OthersIn Folklore Lord Jagannath Travels In Chariot, Police Prohibiting Rath Yatra Amounts To Interference With Religious Practice: Calcutta High CourtCase Title: Manoj Mishra v State of WBCitation: 2023 LiveLaw (Cal) 165The Calcutta High Court took up a matter concerning the Jagannath Rath Yatra festival being celebrated in West Bengal.A single-bench of Justice Rajasekhar Mantha held that the Howrah Police’s directives in not allowing a chariot procession to take place by devotees of Lord Jagannath, would be unreasonable and amount to an “interference with religious practice.”Earlier, the Petitioner had approached the Court for permission to hold a Rath Yatra parade in a certain area. The Court had directed him to approach the appropriate police authorities for requisite permission. Aggrieved by the response of the Police, the petitioner moved this petition.While disposing of the petition, Justice Mantha opined:"The petitioner shall as already directed earlier, maintain peace and harmony in the procession of the Rathyatra…if there is any anticipation of any vested interest or elements to disrupt the religious function, appropriate and stern procedural measures shall be taken by the police.”Calcutta High Court Dismisses PIL Against Smart-Electricity Meters Filed Over "Baseless Apprehension" That It Would Affect Thousands Of JobsCase: Spot Billing Meter Readers Welfare Association v State of WB & orsCitation: 2023 LiveLaw (Cal) 166The Calcutta High Court dismissed a PIL filed on behalf of the Spot Billing Meter Readers Welfare Association, seeking directions against the installation of smart-billing electricity meters over apprehension that they would jeopardise the jobs of thousands of meter-readers.While petitioner acknowledged that technology should not be resisted, he expressed concern that a wide-scale use of technology in meter-reading would render the jobs of most manual meter-readers irrelevant, thereby affecting their lives and livelihood.The PIL was dismissed with the bench opining, “We are of the view that such apprehension is absolutely baseless. There has been no material placed by the petitioner to show that meter-readers job would be rendered irrelevant by smart-meters.”While the Writ petition was dismissed, the Court gave the petitioners liberty to approach any appropriate forums if their own rights were being affected in any way.Unmarried/ Widow Daughter Of Employee Who Superannuated Or Died Prior To DCRB Scheme Entitled To Family Pension: Calcutta High Court Full BenchCase: The State of West Bengal and Others v Sabita Roy and connected petitions.Citation: 2023 LiveLaw (Cal) 167A Full bench of the Calcutta High Court held that family pension can be extended to unmarried/ widowed daughter of an employee who superannuated or died prior to coming into force of the Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981, which came into effect on and from 1st April, 1981.The bench comprising Justice Harish Tandon, Justice Shampa Sarkar and Justice Rabindranath Samanta made the observation while answering a reference in connection with three petitions relating to grant of family pension to (i) widowed daughter of a deceased Assistant Teacher, (ii) widowed daughter of a retired (now deceased) high school clerk and (iii) unmarried and handicapped daughter of a retired (now deceased) Assistant Teacher.“Writ Of Certiorari And Quo Warranto Can Peacefully Coexist”: Calcutta High Court Allows Amendment For Addition Of Prayer In Writ PetitionCase: Professor Syed Haider Hassan Kazimi & Ors. vs State of West Bengal & Anr.Citation: 2023 LiveLaw (Cal) 168The Calcutta High Court recently allowed a plea seeking to insert prayer for writ of Quo Warranto in a Writ petition filed seeking a writ of Certiorari for quashing a Notification issued by the Minority Affairs and Madrasah Education ...

Calcutta High Court Weekly Round Up: June 19 To June 25, 2023

Srinjoy Das

Tags