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1. [ Sentence suspended of a woman convicted for killing 6 years old stepdaughter] The Calcutta High Court has suspended the sentence of a woman who was accused of murdering her six-year-old stepdaughter by poisoning. Court noted that it is not a case in which she had no possibility of succeeding at the final hearing of the appeal. Since the appeal was pending, her conviction had not attained finalities. The court ordered that the applicant will furnish a bail bond of Rs. 10,000/- with two sureties of like amount one of whom must be local to the satisfaction of Additional Sessions Judge Kandi.
Bench: Justices Arijit Banerjee and Apurba Sinha Ray
Case Title: Naju Bibi @ Narjina Bibi v The State of West Bengal
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2. [Plaintiff dominus litis, can’t be compelled to fight against whom he does not claim relief] The Calcutta High Court recently held that as a rule, the court should not add a person as a defendant in a suit when the plaintiff is opposing that addition. "The reason is that the plaintiff is dominus litis. He is the master of the suit. He cannot be compelled to fight against whom he does not claim any relief", said the court. Court observed that the ultimate decision is upon the court to decide whether the petitioner’s presence in the suit is required or not for effective and conclusive adjudication of the suit.
Bench: Justice Ajoy Kumar Mukherjee
Case Title: Shri Jogesh Gupta v. Shree Shree Iswar Satyanaraynji & Ors
3. [Removal of CISF jawan who failed to open fir when required] A single judge bench of Calcutta HC recently ruled that the Disciplinary Authority and the Appellate Authority were correct in removing a man from the Central Industrial Security Force (CISF). The bench observed that it had been proved that the petitioner had committed gross misconduct as he failed to react and fire from his automatic service weapon to counterattack the militants and fled away from the spot after throwing away his service SMG carbine with three magazines full of 90 live around of 9 mm ammunition, leaving his colleagues and ONGC staffs into the mouth of death.
Bench: Justice Krishna Rao
Case Title: Mir Majibur Rahaman v. Union of India
4. [Inordinate delay of 13 years] The Calcutta High Court recently dismissed a petition challenging a memorandum issued by the West Bengal government's Health Department, after 13 years of inordinate delay. The memorandum issued by the West Bengal government's Health Department barred federations or clusters of Self-Help Groups (SHG) from supplying food in hospitals in the state's rural sector with up to 50 beds, ruling that there was no scope for interference in the current writ petition. The court said, “Empowerment of local women in rural areas by providing employment opportunities for them cannot be faulted from any perspective whatsoever. Individual supervision of the State cannot be said to be a vitiating factor in that regard, since otherwise, the entire allotment would be unregulated, which might also afford scope for corruption, nepotism, and opportunism.”
Bench: Justice Sabyasachi Bhattacharya
Case Title: United Order and Supply Co-operative Society Limited vs. The State of West bengal
5. [Outraging modesty of Scheduled Caste woman] A Single judge bench of Calcutta HC has recently dismissed a revision application to quash criminal proceedings against the petitioners, who were charged under various sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989, for insulting the modesty of a woman from a scheduled caste community. The court observed that the alleged incident took place in the complainant’s courtyard within public view and there were witnesses to the incident (Section 3(1) (x) of the SC & ST Act) and there was also an allegation of tearing the blouse and pulling the saree of the complainant’s wife and other allegations. Admittedly the dispute relates to land which was occupied by the complainant (Section 3 (1) (iv) of the SC & ST Act).
Bench: Justice Shampa Dutt Paul
Case Title: Vikas Kumar Bajoria & Anr. Vs The State of West Bengal & Anr
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6. [West Bengal Panchayat Polls] The Calcutta High court on Tuesday last week, while citing the situation as "extraordinary" directed the State Election Commission in West Bengal to deploy central forces at polling booths in the state during the panchayat elections going to be held on July 8. The division bench had directed the Inspector General of the Border Security Force (BSF), who had been appointed as the force coordinator, to ensure that Central forces cover all polling stations in the state with a 50:50 deployment of Centre forces and police personnel at each polling station. The bench had issued the 50:50 deployment in response to a request from deputy solicitor general Billwadal Bhattacharya, who highlighted the division bench's previous order directing state and central forces to collaborate.
Bench: Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya
Source: The Times of India
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