Calcutta High Court Weekly Roundup: February 28 To March 6, 2022

Citations: 2022 LiveLaw (Cal) 59- 2022 LiveLaw (Cal) 70Nominal IndexSwadhin Kumar Sarkar v. Chandana Sarkar and Ors 2022 LiveLaw (Cal) 59Dipak Singha v. State of West Bengal 2022 LiveLaw (Cal) 60Nasrin Khatun v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 61Ashok Kumar Sureka v. Assistant Commissioner State Tax, Durgapur Range, Government of West Bengal 2022 LiveLaw (Cal) 62Zia Sharif Hussain @ Tushar Subash Roy 2022 LiveLaw (Cal) 63Habibur Rahaman v. State of West Bengal 2022 LiveLaw (Cal) 64Budhin Soren v. State of West Bengal 2022 LiveLaw (Cal) 65 Sashi Jain @ Shashi Jain v. Sandip Sarka 2022 LiveLaw (Cal) 66Saptaparna Ray v. District Magistrate and Collector, North 24 Parganas and others 2022 LiveLaw (Cal) 67 Latika Ghosh v. The Commercial Tax Officer/Assistant Commissioner, West Bengal Goods & Service Tax, Raiganj Charge & ors 2022 LiveLaw (Cal) 68Setab Uddin & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 69Creative Museum Designers v. Income Tax Officer, Exemptions, Ward-1(1), Kolkata 2022 LiveLaw (Cal) 70Orders/Judgments 1. Long Pendency Of Election Petition Affects Smooth Functioning Of Legislature: Calcutta HC Dismisses BJP Candidate's Plea Over Delay In Filing PleadingsCase Title: Swadhin Kumar Sarkar v. Chandana Sarkar and Ors Case Citation: 2022 LiveLaw (Cal) 59The Calcutta High Court dismissed an election petition of a BJP candidate after reprimanding him for his lackadaisical approach in handling the matter and further observing that it is essential that expeditious disposal of trial of election petitions take place for the smooth functioning of the legislature. Justice Amrita Sinha was adjudicating upon an election petition moved by a BJP candidate who had contested elections from 54-Baishnabnagar Assembly Constituency in the General Assembly Elections of West Bengal which took place in May 2021. Opining that the time period prescribed under Section 86(7) of the Representation of the People Act, 1951 (Act) is extremely essential for the purpose of conclusion of trial in an election petition, the Court underscored, "Time limit as prescribed in the Act is extremely essential for the purpose of conclusion of trial in an election petition, otherwise the returned candidate and the members of the constituency will remain in suspense with regard to their elected candidate and the smooth functioning of the legislature will suffer. Showing any leniency to the petitioner will be against the every object and purpose of expeditious disposal of trial of election petition. Spending any further time for trial of the present petition will amount to sheer wastage of valuable judicial hours which the Court ought not permit to do."2. 'Penetration Even Of Slightest Degree Is Necessary To Establish Offence Of Rape': Calcutta HC Modifies Order Of Conviction To 'Attempt To Rape' In Case Concerning 11 Yr Old GirlCase Title: Dipak Singha v. State of West BengalCase Citation: 2022 LiveLaw (Cal) 60The Calcutta High Court has recently observed that penetration even of the slightest degree is necessary to establish the offence of rape and accordingly held that the appellant should be convicted for the offence of attempt to rape instead of the offence of rape. A Bench comprising Justices Bivas Pattanayak and Joymalya Bagchi was adjudicating upon a case wherein the appellant had been convicted for raping a victim girl aged around 11 years. The Division Bench observed that the evidence on record shows that no case of penetration has been deposed either by the victim or other witnesses and accordingly held, "It is settled law penetration even of the slightest degree is necessary to establish the offence of rape. An analysis of the evidence on record shows no case of penetration has been deposed either by the victim or other witnesses. Although absence of injuries or non-rupture of hymen is not a sine qua non to prove the offence of rape, in the factual matrix of the case where the victim herself states that the appellant attempted to rape her absence of injuries in her private parts corroborate the conclusion that the case was one of attempt to commit rape.Thus, the Bench modified the order of conviction by observing, "In the light of the aforesaid discussion, I convert the conviction of the appellant to one under Section 376(2)(f) read with Section 511 of the Indian Penal Code instead of 376(2)(f) of the Indian Penal Code."3. SLST Recruitment Scam | Calcutta High Court Orders CBI Probe Into Alleged Illegal Appointment Of Asst. Teachers In WBCase Title: Nasrin Khatun v. The State of West Bengal & OrsCase Citation: 2022 LiveLaw (Cal) 61The Calcutta High Court directed the Central Bureau of Investigation (CBI) to probe into the alleged illegal appointment of assistant teachers pertaining to the West Bengal State Level Selection Test (SLST) for Class 9 and Class 10 teachers. The Court had earlier ordered the cancellation of appointment of six assistant teachers in the Murshidabad district after noting that...

Calcutta High Court Weekly Roundup: February 28 To March 6, 2022

Aaratrika Bhaumik

Tags