Calcutta High Court Weekly Round-Up: 2nd December To 8th December, 2024

NOMINAL INDEXAyan Sil v/s. Enforcement Directorate Kolkata Zonal Office-II Citation: 2024 LiveLaw (Cal) 261LOB DAS VS. THE STATE OF WEST BENGAL & ANOTHER Citation: 2024 LiveLaw (Cal) 262DR. SWAPAN DASGUPTA AND ANR VS STATE OF WEST BENGAL AND ORS Citation: 2024 LiveLaw (Cal) 263MR. PROJAY SINGHA ROY VS RAJASTHAN FERTILIZERS & CHEMICAL CORPORATION LIMITED Citation: 2024 LiveLaw (Cal) 264MADHUMITA BIBI VS THE STATE OF WEST BENGAL AND ORS. Citation: 2024 LiveLaw (Cal) 265SADHAN DALUI & ORS. VS. UNION OF INDIA Citation: 2024 LiveLaw (Cal) 266Sujay Krishna Bhadra v/s. Enforcement Directorate Kolkata Zonal Office-II Citation: 2024 LiveLaw (Cal) 267The State of West Bengal & Anr. -Versus Sri Kali Sadhan Bhattacharjee @ Bhattacharyya & Ors. Citation: 2024 LiveLaw (Cal) 268Dulal Chandra Barman -Versus- The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 269ORDERS/JUDGEMENTSCalcutta 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. "The E.D. intends to rely upon voluminous evidence including 182 statements, 210 documents spanning over 20,000 pages and examine 167 witnesses to substantiate their case. The case is primarily based on documentary evidence which is in custody of the E.D. and there is no scope for the petitioner to tamper with the same. To address the apprehension of the petitioner influencing witnesses of the case, stringent conditions may be imposed upon him while releasing him on bail. It is not in dispute that the petitioner is not at flight risk," the Court held.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) 263 The 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 LIMITED Citation: 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.” The judgment emanates from a long and protracted eviction proceeding from a prime commercial location at the heart of Kolkata – R.N.Mukherjee Road for an office space of 2400 sq. ft. In view of the default in rent, an eviction notice under section 106 of the Transfer of Property Act, 1882 (as amended) was issued which led to the...

Calcutta High Court Weekly Round-Up: 2nd December To 8th December, 2024

Srinjoy Das