The conduct of Mr. Adhikary, apart from being abominable, prima facie amounts to ‘criminal contempt’ within the meaning of section 2(c) of the Contempt of Court’s Act, 1971. Therefore, I have no other option but issue a suomotu Rule for...
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Parole leave is recognized as a statutory right as per Rule 19 of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 (hereinafter referred to as ‘Rules of 1959’ for short) and the convicts are entitled for parole leave,...
The writ petition has only added substance to the requirement of an in-depth investigation. The Court is therefore in requirement of a verifiable independent expert opinion on the results of the investigation collected so far.
Therefore, the status of a witness is convertible to the accused during the course of investigation subject to the collection of independent sufficient incriminating materials against the petitioner, which must be in the nature of startling and clinching in...
The very object of Section 160 of the Code of Criminal Procedure is to enable the Investigating Officer to collect information from whomsoever, is found acquainted with the facts of the case in relation to which the investigation is...
Anticipatory Bail application cancelled - Section 120B r/w Section 420 of IPC and Section 8 and Section 13 (1)(d) r/w Section 13(2) of the PC Act - Pre-arrest is not meant for high profile economic offenders. Time has come...
Affidavit of a witness with regard to the facts in issue cannot be treated as a statement of the deponent before the Court. Hence, such affidavit cannot be treated as ‘evidence’ under section 3 of the Evidence Act unless...
Prayer for pre-arrest bail was turned down by Apex Court granted by Calcutta High Court -13.08.2019
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Bail granted - In the matter of: Riday @ Hriday Ghosh @ Ridoy - The accused was not named in the first information report and as co-accused persons are on regular bail/anticipatory bail, we are inclined to grant...
Availability of an alternative remedy does not oust the High Court’s jurisdiction to entertain a writ petition is settled law. The jurisdiction exercised by the High Court under Article 226 of the Constitution is plenary. The relief under Article...
Land acquisition-In a democratic polity the larger interest of the populous has to be given weightage. The minuscule minority has to understand and accept the larger and more laudable need for overall development of the district and the economy...
Section 34 of Arbitration and Conciliation Act -A Court whilst hearing an application under Section 34, requires to show more judicial restraint than in the process of an Appellate jurisdiction. An arbitration is an alternate dispute resolution where parties...
Judicial Review - In proceedings and decisions taken in administrative matters, the scope of judicial review is confined to the decision-making process and does not extend to the merits of the decision taken.
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