Court should not impose excessive condition for granting bail

Criminal Procedure Code, 1973 (CrPC) – Section 437 – Bail – Conditions for – Excessively onerous condition that accused should pay a huge sum of Rs. 2 lacs at stage of FIR – Accused failed to make the payment of said amount and languishing in jail endlessly – Not proper. Order passed by Metropolitan Magistrate imposing condition that accused should pay a huge sum of Rs. 2 lacs to be set at liberty, not proper. If he had paid it is a different matter. But the fact that he was not able to pay that amount and in default thereof he is to languish in jail for more than 10 months now, is sufficient indication that he was unable to make up the amount. Can he be detained in custody endlessly for his inability to pay the amount in the range of Rs. 2 lacs. If the cheques issued by his surety were dishonoured, the Court could perhaps have taken it as a ground to suggest to the payee of the cheques to resort to his legal remedies provided by law.… Read More Court should not impose excessive condition for granting bail

Corroboration of testimony of prosecutrix as a condition for judicial reliance is not a requirement of law in Rape trial

A plethora of decisions by this Court as referred to above would show that once the statement of prosecutrix inspires confidence and accepted by the courts as such, conviction can be based only on the solitary evidence of the prosecutrix and no corroboration would be required unless there are compelling reasons which necessitate the courts for corroboration of her statement. … Read More Corroboration of testimony of prosecutrix as a condition for judicial reliance is not a requirement of law in Rape trial

Condition that High Courts and Supreme Court in exercise of their jurisdictions under Articles 226 and 32 can award compensation for such violations but such a power should not be lightly exercised.

Supreme court in Rajender Singh Pathania and Others Versus State of N.C.T. of Delhi and Others [ JT 2011 (10) SC 294 : (2011) 9 SCALE 124] The issue of award of compensation in case of violation of FUNDAMENTAL RIGHTS of a person has been considered by this Court time and again and it has consistently been held… Read More Condition that High Courts and Supreme Court in exercise of their jurisdictions under Articles 226 and 32 can award compensation for such violations but such a power should not be lightly exercised.

Obtaining of probate is not a condition precedent for filing a suit, though the executor is not entitled to recover the decree without producing the probate.

Calcutta High Court  in Prabhat Nath Das v. Ramendra Kumar Saha, ILR 61 1081[division Bench]  Division Bench of this Court held as follows: ‘……..The grant of a probate is not a condition precedent to the institution of the suit by the executor. See Chandra Kishore Roy v. Prasanna Kumari Dasi (1). There cannot be any… Read More Obtaining of probate is not a condition precedent for filing a suit, though the executor is not entitled to recover the decree without producing the probate.

The power of President under Article 123 of the Constitution and the Governor under Article 213 is legislative in character and is conditional in nature

SUPREME COURT in Krishna Kumar Singh & Anr. v. State of Bihar & Ors. [Civil Appeal No.5875 of 1994], a seven-judge Bench examined the power of the Executive to make law through ordinance, and inter alia held per majority, that the power conferred upon the President under Article 123 of the Constitution and the Governor under Article 213 is… Read More The power of President under Article 123 of the Constitution and the Governor under Article 213 is legislative in character and is conditional in nature

Police Regulations, Bengal – 1943

  CHAPTER I Organisation 1. Interpretations. [§ 12, Act V, 1861]. – In these Regulations, unless there is anything repugnant in the subject or context, – (i) the word “Superintendent” means Superintendent of Police and includes a Special Superintendent, an Additional Superintendent and any officer, not below the rank of Inspector, temporarily discharging the duties of… Read More Police Regulations, Bengal – 1943

Whether the omission of the signature of the witness renders the deposition incomplete-NO

13-09-1991- Rules of procedure are not by themselves an end but the means to achieve the ends of justice. Rules of procedure are tools forged to achieve justice and are not hurdles to obstruct the pathway to justice. Construction of a rule of procedure which promotes justice and prevents its miscarriage by enabling the court… Read More Whether the omission of the signature of the witness renders the deposition incomplete-NO

West Bengal Policy and Guidelines for Setting up Self-financing Degree Colleges in West Bengal-2015

Accordingly, the State Government considers it necessary to frame this Policy and Guidelines to provide a stable and predictable framework of rules for private investment in setting up degree colleges. The intention of the Policy is to encourage the spread of higher education in under-served mofussil areas away from Kolkata, where significant demand exists for college studies, considering the steady increase in the number of high school pass outs across the State.… Read More West Bengal Policy and Guidelines for Setting up Self-financing Degree Colleges in West Bengal-2015

THE WEST BENGAL BACKWARD CLASSES (OTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES) (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 2012.

Other Backward Classes” shall mean such classes of citizens as specified in Schedule I, other than Scheduled Castes and Scheduled Tribes, and includes such classes as the State Government may, by notification in the Official Gazette, specify from time to time… Read More THE WEST BENGAL BACKWARD CLASSES (OTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES) (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 2012.

Regularization of Temporary Contractual Employees in West Bengal

Dated 16.09.2011-The casual/ daily rated/ contractual workers who have rendered 10 years of service continuously with at least 240 days attendance each year may remain engaged in the same status and capacity till their attaining the age of 60 years. Government of West Bengal Finance Department Audit Branch No. 9008-F(P), dated 16.09.2011 MEMORANDUM In order… Read More Regularization of Temporary Contractual Employees in West Bengal