Calcutta High Court Weekly Round-Up: September 18 To September 24, 2023

Citations: 2023 LiveLaw (Cal) 284 To 2023 LiveLaw (Cal) 292NOMINAL INDEXAmit Polley Vs. The State of West Bengal & Anr. 2023 LiveLaw (Cal) 284Ashis Khamrai v State of West Bengal and others 2023 LiveLaw (Cal) 285Amna Parveen Vs. The State of West Bengal & Ors. 2023 LiveLaw (Cal) 286Kishore Kumar Singh Vs. The State of West Bengal & Ors 2023 LiveLaw (Cal) 287State of West Bengal and others Vs. Kalpana Das Sarkar and others 2023 LiveLaw (Cal) 288Mrs. Polin Mukherjee V Union Of India & Ors. 2023 LiveLaw (Cal) 289Surendra Prasad v The Union of India & Ors. 2023 LiveLaw (Cal) 290Partha Ghosh -Versus- The State Of West Bengal And Others 2023 LiveLaw (Cal) 291Abhishek Banerjee v ED 2023 LiveLaw (Cal) 292Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of JusticeCase: Amit Polley Vs. The State of West Bengal & Anr. Citation: 2023 LiveLaw (Cal) 284The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her.Accused is booked under Section 306 IPC. Single-bench of Justice Shampa (Dutt) Paul directed the Trial Court to be mindful of Section 305 IPC (Abetment of suicide of child or insane person) during framing of charges. It observed,In the present case, it is prima facie on record that the victim was a minor on the date of incident (alleged suicide). Thus the offence alleged prima facie has the ingredients required under Section 305 IPC, on record. Accordingly, the learned Trial Judge shall consider the said materials on record at the time of consideration and framing of charge or at the relevant stage, in accordance with law. The present case has to thus proceed towards trial to be decided in accordance with law as there is prima facie materials in this case against the petitioners to go to trial and quashing a case of such a nature will cause miscarriage of justice.Calcutta High Court Issues Guidelines For ‘Rally’ By About 600 Govt Job Aspirants Who Were Denied Group-D AppointmentsCase: Ashis Khamrai v State of West Bengal and othersCitation: 2023 LiveLaw (Cal) 285The Calcutta High Court has allowed a ‘rally’ to be organised by job aspirants on 27th September, who were denied appointments as Group-D employees under the Government of West Bengal, despite having requisite qualifications.A single bench of Justice Jay Sengupta, while allowing the plea, directed the petitioners to hold such a procession, along the designated route, until 5pm, and in accordance with law."It is clarified that the entire programme should come to an end at 5 pm."State government was directed to make necessary police arrangements for security of the demonstrators and passers-byTET Candidate Misspells ‘Durga’ In Court, Calcutta High Court Finds Her To Be Unfit To Be A Teacher, Dismisses Her PleaCase: Amna Parveen Vs. The State of West Bengal & Ors.Citation: 2023 LiveLaw (Cal) 286The Calcutta High Court has recently dismissed a challenge against the Teachers Entrance Test (“TET”) 2014, by a candidate who claimed that she was not selected after the interview, even after allegedly scoring high marks.In dismissing the petitioner’s plea after perusing video footage of her interview, bench of Justice Abhijit Gangopadhyay observed:With such sense of spelling a person cannot be allowed to be a primary teacher. I have asked one spelling namely, ‘Durga’ [in Bengali] which also she spelt wrongly. Therefore, I think that the performance on that particular day of the petitioner was not up to the mark and we need not spend further time to see the video of the interview. I accept the result i.e. the marks given by the experts in the interview and communicated to this court as correct assessment and, therefore, the writ application is dismissed.Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal TerminationCase: Kishore Kumar Singh Vs. The State of West Bengal & OrsCitation: 2023 LiveLaw (Cal) 287The Calcutta High Court has refused to quash criminal proceedings against a Branch Manager of Standard Chartered bank who had been accused u/s 506 (criminal intimidation) and 509 (outraging modesty of a woman) of the IPC for allegedly threatening an employee who had approached the Labour forum against illegal termination of service.Complainant submitted that the petitioner had threatened her to withdraw her case before the labour forum by allegedly “giving wrong signs” and stating that “Standard Chartered Bank, a big institution can purchase judgement”In denying the petitioner any relief, a single-bench of Justice Bibhas Ranjan De held:I am unable to come to a conclusion that the written complaint is so absurd and inherently improbable on the basis of which no prudent person can ever reach to a conclusion that there is sufficient...

Calcutta High Court Weekly Round-Up: September 18 To September 24, 2023

Srinjoy Das

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