Calcutta High Court Quarterly Digest: January To March 2022 [Citations 1-101]

Nominal Index [Citations 1-101]Dr. Avinandan Mondal v. State of West Bengal & Ors 2022 LiveLaw (Cal) 1Bimal Bhattacharya v. State of West Bengal & Ors 2022 LiveLaw (Cal) 2Pratik Maitra v. State of West Bengal 2022 LiveLaw (Cal) 3Shri Aloke Singh & Ors v. Indian Statistical Institute & Ors 2022 LiveLaw (Cal) 4Amit Kumar Das and Ors v. State of West Bengal 2022 LiveLaw...

Prophet Remark Row: Lawyer Moves Supreme Court Seeking Former BJP Spokesperson Nupur Sharma's Arrest

In the backdrop of the ongoing Prophet Remark row, a lawyer has moved the Supreme Court seeking directions to the authorities to act and arrest former BJP Spokesperson Nupur Sharma for her alleged hate statement against the revered Prophet Mohammad and hurting sentiments of the Muslim community.Arguing that vulgar remarks were made by Sharma against the revered Prophet Mohammad and...

Question Of Limitation Pertains To Substantial Justice: Supreme Court Condones 67 Days' Delay In Filing Revision Before NCDRC

Setting aside an NCDRC order by which a revision petition filed after 67 days' delay was dismissed, the Supreme Court has observed that "the question of limitation is not to be examined with a view to decline the condonation, but to do substantial justice".Remarking that "delay in filing the revision was not huge, that should not have been condoned under the Consumer Protection Act", the...

Prophet Row: Former Judges & Advocates Write To Supreme Court For Suo Moto Action Against Bulldozing Of Residences, Alleged Illegal Detentions In UP

Former Judges and various Advocates have written to the Supreme Court urging it to take suo moto cognizance of various incidents in the State of Uttar Pradesh of illegal detention, bulldozing of residences and alleged police violence on protestors and those in police custody, following protests against remarks made by BJP spokespersons on the Prophet Mohammed. The letter petition, addressed...

Jharkhand Govt Moves Supreme Court Against HC's Order On Maintainability Of PIL Seeking CBI/ED Probe Against CM Hemant Soren

The State of Jharkhand has approached the Supreme Court assailing the High Court's order accepting the maintainability of a PIL seeking independent probe against CM Hemant Soren for alleged money laundering through shell companies. On being mentioned by the counsel for the State of Jharkhand, the vacation bench of Justices AS Bopanna and Vikram Nath on Tuesday asked the counsel to...

High Court's Powers Under Letters Patent Are Subject To Legislative Enactments: ASG Opposes Concurrent Jurisdiction In Child Custody Cases

On day two of the hearing pertaining to the original jurisdiction of the High Court to hear child custody and guardianship matters owing to the advent of the Family Courts Act 1984, the Additional Solicitor General for Madras High Court R. Sankaranarayanan made his submissions favouring the ouster of High Court's jurisdiction. The reference is being heard by a full bench of...

Order 41 Rule 31 CPC | First Appellate Court Ought To Consider Evidence On Record, In Particular Those Relied Upon By Trial Court: Supreme Court

The Supreme Court, on Monday, held that, non-consideration of the evidence on record, in particular those relied upon by the Trial Court and not stating the points for determination, by the First Appellant Court would lead to infirmity in its judgment. The Apex Court reiterated that it is the duty of the First Appellate Court to decide the appeal keeping in view the scope and...

Bengal Assembly Passes Bill To Replace Governor With CM Mamata Banerjee As Chancellor Of State-Run Universities

The West Bengal Assembly on Monday passed a bill to make Chief Minister Mamata Banerjee the Chancellor of all state universities, a position traditionally held by the state Governor. The West Bengal University Laws (Amendment) Bill, 2022 was passed by 182 votes in favor against 40 not in favor in the 294-member Assembly. However, the Bill is yet to receive the assent of Governor Jagdeep...

Supreme Court Halts Dispossession Of Pujaris For Kalkaji Temple Redevelopment

While considering a Special Leave Petition assailing Delhi High Court's order directing pujaris and unauthorized occupants in city's Kalkaji Temple to vacate the premises by June 6, the Supreme Court on Monday said that the temple's redevelopment can be carried out without dispossessing the pujaris from the premises where they are said to be residing. The vacation bench of...

Junior Resident Doctors Serving In ESIC Approach Supreme Court Seeking To Be Included In 50% "In Service" Reservation For PG Courses

Junior Resident Doctors who've completed their MBBS courses from Institutions/ Hospitals run by the Employees State Insurance Corporation ("ESIC") have approached Supreme Court seeking to be included in the 50% "in- service" doctors reservation for PG courses, which is currently restricted to Insurance Medical Officers grade.On being mentioned by AOR Sachin Patil, the vacation bench of...

Long Cohabitation Between Man & Woman Raises Strong Presumption In Favour Of Their Marriage: Supreme Court

The Supreme Court reiterated that long cohabitation between a man and women raises a strong presumption in favour of their marriage.Although, the presumption is rebuttable, a heavy burden lies on him who seek to deprive the relationship of legal origin to prove that no marriage took place, the bench comprising Justices S. Abdul Nazeer and Vikram Nath observed.BackgroundIn this case,...

No Need To File Separate Final Decree Proceedings In Partition Suit ; Trial Courts Should Proceed Suo Motu Soon After Passing Preliminary Decree: Supreme Court

The Supreme Court has directed the Trial Courts dealing with partition suits to proceed suo motu with the case soon after passing the preliminary decree."We direct the Trial Courts to list the matter for taking steps under Order XX Rule 18 of the CPC soon after passing of the preliminary decree for partition and separate possession of the property, suo motu and without...