Preventive Detention Becomes Unconstitutional When Used To Incarcerate For Past Offences Despite Grant Of Bail: Calcutta High Court

The Calcutta High Court has held that an order of preventive detention becomes unconstitutional when it is weaponised to punish for earlier crimes, and continue custody of an accused even after bail had been granted by the courts.A division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra held:"The legal distinction between preventive and punitive detention is well established. The former aims to forestall future prejudicial acts, the latter to punish past ones. Yet from the...

Calcutta High Court Grants Anticipatory Bail To TMC Leaders Accused In 2021 Post-Poll Violence Death Case

The Calcutta High Court has granted anticipatory bail to Paresh Paul, a 79-year-old MLA, Paresh Paul, and two others belonging to the ruling political party of the State, accused in a post-poll violence death case after the Assembly Elections of 2021. It was alleged that on 02.05.2021 in the afternoon, 7 or 8 unknown persons came to the house of the original de facto complainant and asked for...

Procedure U/S105 CrPC For International Service Of Summons Doesn't Extend To Revision Applications: Calcutta High Court

The Calcutta High Court has held that though procedural fairness is vital in criminal trials, the application of Section 105 of the CrPC for the service on summons on persons resident outside India in criminal matters does not extend to the service of notice in revisional matters abroad.Justice Bibhas Ranjan De held: "Revision applications, in my humble opinion, are primarily concerned...

Calcutta High Court Directs Police Commissioner To Not Assign Any Duties To Cop Over Alleged Assault On Advocate

The Calcutta High Court has directed the Commissioner Of Police, Kolkata, not to assign any further duty to Tushar Kumar Chandra, a police personnel attached to Bidhannagar East Police Station over the alleged assault on an advocate of the Calcutta High Court, Manujendra Narayan Roy.Justice Tirthankar Ghosh held: “The Deputy Commissioner of Police in charge of Bidhannagar (East) Police...

Calcutta High Court Bar Association Resolves To Abstain From Judicial Proceedings Over 'Brutal & Barbaric' Attack On Lawyer By Police

The Calcutta High Court Bar Association has unanimously resolved to abstain from work tomorrow (22nd August) over the alleged brutal and barbaric assault by members of the Bidhannagar East Police Station on advocate Manujendra Narayan Roy, who is also the son of a retired High Court judge, resulting in the fracture of the advocate's pelvic bone.In a meeting of the Association, it was...

Calcutta High Court Calls For State's Response On PIL Seeking Mass Vaccination & Sterlisation Of Stray Dogs

The Calcutta High Court has called for the state's response on a plea seeking the city-wide vaccination and sterilisation of stray dogs. The PIL seeks urgent measures to curb the rising stray dog attacks through mass vaccination and sterilisation programs.A division bench of Justices Sujoy Paul and Smita Das De called for reports from the respective Municipal corporations in the city, within...

Calcutta HC Orders Exhumation & Second Post-Mortem Of Woman's Body Who Died In Matrimonial Home Over Allegations Of Foul Play, Irregular Probe

The Calcutta High Court has ordered a second post-mortem after exhumation of the body of a young woman who died in her matrimonial home, after allegations of foul play and irregularities in the police investigation and inquest had been raised by her family.Justice Tirthankar Ghosh allowed the prayers of the petitioners and directed that the body be exhumed and a second post-mortem be conducted...

'Unfortunate That Case Diary Given By Police In Pre-Arrest Bail Case Lacked Crucial Documents': Calcutta HC Asks DGP To Consider Enquiry

The Calcutta High Court, while deciding an anticipatory bail application, came down heavily on a police officer as the copy of the case diary which was sent to the Court for the hearing was missing important documents, which had been brought to the notice of the court by the advocate appearing for the state. Justice Jay Sengupta found the incident to be very unfortunate and deemed it fit to...

Proceedings Between Expiry Of Arbitrator's Mandate And Its Extension Are Not Void If Mandate Is Extended: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar held that proceedings conducted by the Arbitrator between the expiry of the mandate and its subsequent extension cannot be declared void once the application seeking extension is allowed. Upon extension, the mandate relates back to the date of expiry. The present application has been filed seeking extension of the...

Disabled Persons Entitled To Posting At Same Place Even After Promotion Under Policy Framed Pursuant To International Obligations: Calcutta HC

The Calcutta High Court bench of Justices Sujoy Paul and Smita Das De has held that a policy mandating that disabled persons remain posted at the same place even after promotion is binding, especially when framed under international obligations. A disabled person cannot be denied the benefit of such a policy even if reversion is sought by him under compelling circumstances.The present...

Calcutta High Court Grants Plea For Injunction By Moondust Paper Ltd In Suit Against Infringement Of 'Captain Gogo' Trademark

The Calcutta High Court has granted an order of injunction to Moondust Paper Private Limited, the owners of the trademark 'Captain Gogo' in a suit for infringement of the trademark by various entities.In granting the prayers for injunction, Justice Ravi Kishan Kapur held:"It is evident that the impugned products fall in the same category as of the petitioners and are also being sold through...

Income Tax | Interest Earned On Surplus Lending Funds Is Attributable To Banking Business, Qualifies For 80P Deduction: Calcutta High Court

The Calcutta High Court stated that interest earned on surplus lending funds is attributable to banking business, qualifies for 80P deduction under Income Tax Act. Section 80P of the Income Tax Act, 1961 provides 100% tax deductions to cooperative societies for income from specified activities. These activities commonly include marketing agricultural produce, purchasing...