Calcutta High Court Monthly Digest: February 2022 [Citations: 20-60]

Nominal Index Divyajot Singh Jendu v. Manikaran Analytics Limited 2022 LiveLaw (Cal) 20Sumit Roy v. Union of India 2022 LiveLaw (Cal) 21Lakshi Ram Hembram @ Laxmiram Hembram v. State of West Bengal 2022 LiveLaw (Cal) 22Md. Israil v. The State of West Bengal 2022 LiveLaw (Cal) 23Supratik Ghosh v. State of West Bengal & Anr 2022 LiveLaw (Cal) 24Manik Das @Manik Chandra Das v. The Narcotics Control Bureau (NCB) 2022 LiveLaw (Cal) 25Sumana Layek v. State of West Bengal & Ors 2022 LiveLaw (Cal) 26Sukanya Mirbahar v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 27Uttam Saha & Anr v. State of West Bengal 2022 LiveLaw (Cal) 28Anubrata Mondal v. Union of India 2022 LiveLaw (Cal) 29West Bengal State Electricity Distribution Company Limited v. Sukanta Kumar Singha and Anr 2022 LiveLaw (Cal) 30Union Of India and Others v. Ratna Sarkar 2022 LiveLaw (Cal) 31Surojit Mandal v. National Investigation Agency (NIA) 2022 LiveLaw (Cal) 32Ganesh Orang v. State of West Bengal & Anr 2022 LiveLaw (Cal) 33Bimal Bhattacharya v. State of West Bengal 2022 LiveLaw (Cal) 34Dabur India Limited v. Shree Baidyanath Ayurved Bhawan Pvt Ltd 2022 LiveLaw (Cal) 35Tania Mukherjee & Ors v. State of West Bengal & Ors 2022 LiveLaw (Cal) 36Tapan Saha v. State Election Commissioner & Ors 2022 LiveLaw (Cal) 37Srimanta Ghosh & Ors v. Debabrata Ghosh 2022 LiveLaw (Cal) 38Gaurav Purakayastha v. State of West Bengal 2022 LiveLaw (Cal) 39Satya Narayan Banik & Ors v. Union of India & Ors 2022 LiveLaw (Cal) 40Abu Sohel v. The State West Bengal and others 2022 LiveLaw (Cal) 41Nivedita Basu v. State of West Bengal 2022 LiveLaw (Cal) 42Sabita Roy v. State of West Bengal 2022 LiveLaw (Cal) 43 Ramaprasad Sarkar v. Union of India 2022 LiveLaw (Cal) 44Rajib Chakraborty and Ors v. The State of West Bengal and Ors 2022 LiveLaw (Cal) 45Manick Sardar v. State of West Bengal 2022 LiveLaw (Cal) 46Manav Investment and Trading Co. Ltd v. DBS Bank India Ltd 2022 LiveLaw (Cal) 47 West Bengal School Service Commission v. Sandeep Prasad and Ors 2022 LiveLaw (Cal) 48Rajib Paul v. The State of West Bengal and Anr 2022 LiveLaw (Cal) 49Rakesh Kumar Singh v. Director, Alipore Zoological Garden & Ors 2022 LiveLaw (Cal) 50Anindita Mandal v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 51Md. Abdul Gani Ansari v. State of West Bengal & Ors 2022 LiveLaw (Cal) 52Iti Pandit v. The Union of India and Ors 2022 LiveLaw (Cal) 53Pratap Banerjee v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 54Bharat Heavy Electricals Limited v. Optimal Power Synergy 2022 LiveLaw (Cal) 55Chandan Jana & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 56Ashoke Ghosh v. State of West Bengal 2022 LiveLaw (Cal) 57Shueli Panda Mishra & Ors v. State of West Bengal 2022 LiveLaw (Cal) 58Swadhin Kumar Sarkar v. Chandana Sarkar and Ors 2022 LiveLaw (Cal) 59Dipak Singha v. State of West Bengal 2022 LiveLaw (Cal) 60Judgments/Orders 1. Summons U/S 204 CrPC Can't Be Issued To Accused Residing Outside Magistrate's Jurisdiction Without Holding Inquiry U/S 202 CrPC: Calcutta HCCase Title: Divyajot Singh Jendu v. Manikaran Analytics LimitedCitation: 2022 LiveLaw (Cal) 20The Calcutta High Court held that before issuing summons to an accused under Section 204 of the CrPC, a Magistrate has to mandatorily hold an inquiry under Section 202 of the CrPC. Justice Ananda Kumar Mukherjee held that the scope of such enquiry under section 202 CrPC is limited to the ascertainment of truth or falsehood of the allegations made in the complaint: (i) on the materials placed by the complainant before the court; (ii) for the limited purpose of finding out whether a prima facie case for issue of process has been made out; and (iii) for deciding the question purely from the point of view of the complainant without at all adverting to any defense that the accused may have. The Court therefore set aside an order of the concerned Magistrate issuing summons to the accused (residing outside its jurisdictional limits) after observing that the Magistrate had merely conducted an inquiry under Section 200 of the CrPC and not under Section 202 of the CrPC. "In the case under considering the learned Magistrate did not hold any inquiry under section 202 of Cr. P.C though it is apparent from the complaint that the accused resided outside the jurisdiction of the court where the complaint has been lodged. Learned Magistrate on the other hand held an inquiry under section 200 of Cr. P.C simpliciter and only examined the complainant and no other witness or document", the Court observed.2. Calcutta High Court Directs CBI To Not Arrest TMC MP Abhishek Banerjee's Secretary During Appearance In WB Coal Scam ProbeCase Title: Sumit Roy v. Union of IndiaCitation: 2022 LiveLaw (Cal) 21The Calcutta High Court directed the Central Bureau of Investigation (CBI) to not arrest Sumit Roy, secretary to All India Trinamool Congress MP Abhishek Banerjee, during his appearance before the agency in the ongoing investigation the alleged...

Calcutta High Court Monthly Digest: February 2022 [Citations: 20-60]

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