Calcutta High Court Half-Yearly Digest 2025

Prior Option To Work As Para Teacher Shouldn't Act As Deterrent, Calcutta HC Permits To Work As Samprasarak For Better Service BenefitsCase: Mahabuba Rahaman & Ors. -vs- State of West Bengal & Anr.Citation: 2025 LiveLaw (Cal) 1A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that prior exercised option to work as a para teacher should not act...

'Notice Must Be Issued To Accused Before Conducting Pre-Cognizance Hearing U/S 223 Of BNSS': Calcutta High Court Frames Guidelines

The Calcutta High Court has highlighted the scope of, and framed guidelines for conducting pre-cognisance hearings under Section 223 of the Bharatiya Nyaya Suraksha Sanhita (BNSS).Justice Dr Ajoy Kumar Mukherjee held: “Therefore, the procedure that needs to be followed on receipt of a complaint, in view of section 223 and concerned relevant provisions under the BNSS, would be as...

Calcutta High Court Acquits Three Sentenced To Death For Murdering And Dismembering Woman

The Calcutta High Court has acquitted three persons, who were charged with murder and sentenced to death for allegedly killing a woman and cutting her body up into several pieces, before disposing of it outside Sealdah Railway station.Jayanti Deb's body was discovered by the police in 2014, inside the parking lot of the railway station, dismembered into parts, which were kept inside a...

Calcutta High Court Imposes Restriction On Timings Of Processions For Martyrs' Day On July 21 To Aid Office-Goers

The Calcutta High Court has directed the Kolkata police to ensure that the processions slated to take place for the commemoration of Martyr's Day in Bengal on 21st July, do not cause any traffic congestions for the office-going public.Justice Tirthankar Ghosh restricted the movement of processions during office hours and held: "I direct that all human processions, which are entering...

Enhanced Criteria Would Attract Best Applicants: Calcutta High Court Dismisses Teachers' Appeals Against Fresh SSC Recruitment Rules

The Calcutta High Court has dismissed an appeal against a Single Judge order relating to the recruitment process initiated by the West Bengal School Service Commission for selection and appointment to the post of Assistant Teachers of upper primary level of Classes, except work education and physical education classes IX–X and Classes XI-XII, Rules of 2025.The present appeal was...

Calcutta High Court Mulls Imposing Restrictions On 'Martyrs' Day' Rally In Kolkata On July 21

The Calcutta High Court has orally remarked that it would consider imposing restrictions on the Martyrs' Day rally to be held by the state on 21st July, 2025. The rally is held every year by the state government, since 2011, in commemoration of a 1993 police firing at protestors from the Congress and Trinamool Congress party, which led to the deaths of 13 people.Justice Tirthankar Ghosh...

'Can't Deport Someone For Speaking Bengali': State Tells Calcutta HC Over Bengal Migrants Arrested By Delhi Police, Deported To Bangladesh

The Calcutta High Court has called for affidavits from the State of West Bengal, the Union government and the Delhi government over the arrest and deportation of a Bengali-migrant family from Birbhum district, in a habeas corpus plea filed by their relatives.A divsion bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra called for affidavits upon being told that similar pleas...

Failure To Examine Weapon Which Forms 'Vital Link' In Circumstantial Evidence Cases Is Fatal: Calcutta HC Sets Aside Conviction

The Calcutta High Court bench of Justices Debangsu Basak and Prasenjit Biswas has held that failure to examine the weapon recovered and alleged to have been used in the commission of the crime is not always fatal but in cases based on the circumstantial evidence, it becomes a vital link to establish a connection between the weapon and the crime.The present appeal has been filed against...

Central Government Notifies Transfers Of Two Judges To Calcutta High Court

The central government has cleared the transfer of two judges to the Calcutta High Court.Justice Sujoy Paul (PHC: Madhya Pradesh), serving as a judge of the Telangana High Court, was recommended for a transfer to the Calcutta High Court by the Supreme Court Collegium on 26th May, after having served on the bench at Telangana High Court since 2024.Justice Paul began his legal career as an...

Bar Against Even Number Of Arbitrators Is Not Attracted In Case Of Statutory Arbitration U/S 18(3) Of MSMED Act: Calcutta HC

A division bench of Calcutta High Court comprising Justices Uday Kumar and Sabyasachi Bhattacharya in a notable judgment has observed that the bar restricting the number of arbitrators to even numbers, which is applicable when the parties themselves appoint arbitrators under the Arbitration and Conciliation Act (“ACA”), is not attracted to a statutory arbitration under Section...

Illegal Occupants Entitled To Electricity Despite Lack Of Occupancy Documents: Calcutta High Court

The Calcutta High Court circuit bench at Port Blair has ruled that an illegal occupant of government revenue land cannot be denied electricity solely on the ground of not furnishing ownership or occupancy documents listed in Clause 5.30 of the Joint Electricity Regulatory Commission (JERC) Regulation, 2018.It has been ruled by the Court that while the clause outlines documentary requirements,...

[Recruitment Scam] Calcutta High Court Upholds Order Barring 'Tainted Candidates' From Applying Afresh

The Calcutta High Court has upheld a single bench order debarring tainted candidates who were ousted from their jobs by the Supreme Court from reapplying for the fresh recruitment process.Justices Soumen Sen and Smita Das De had previously asked whether the School Service Commission of the state could defend the cause of candidates who were found to be tainted by the Apex Court. On this...