Unauthorised construction -- High Court vide impugned order took appropriate action against unauthorized constructions across the city of Calcutta - It is thus, high time that High Court in larger public interest takes up this issue and ensures that each and every unauthorized construction across the city of Calcutta is dealt with appropriately in accordance with law...........
Service -- Judicial scrutiny - While creation of posts is primarily an executive function, refusal to sanction posts cannot be immune from judicial scrutiny for arbitrariness - Non-speaking rejection on a generic plea of financial constraints, ignoring functional necessity and employer's own long standing reliance on daily wagers to discharge regular duties, does not meet..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, 8(c), 25, 20(b)(ii)(C), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 480, 483 -- Contraband - Bail - Commercial quantity - Petitioners were indulged in possession and transportation of 184 kgs Ganja - They have been languishing in jail since 11.2.2025 - Nearly for past 190 days they have been in..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482, 430 -- Bail and suspension of sentence - Direction issued that: To ensure that every person in judicial custody who has been granted bail or whose sentence has been suspended gets back their liberty without any delay, it is appropriate that whenever bail order or orders of suspension of sentence are not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Merely because there was public outcry and media coverage of incident, gravity of offence does not get diminished...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 302, 363, 201 -- Bail - Rape and murder of 8 years old girl - Incident occurred in a gruesome manner in which 8 years old girl was raped and killed that too by her own cousin - Merely because there was public outcry and..........
Indian Penal Code, 1860, Section 452, 302 -- Murder - Plea of juvenile - Neither the Headmaster/Principal of the first attended school nor its records would qualify as `public servant' or `public record' or `public document' respectively - The certificate issued by School could not have been taken as conclusive proof of date of birth of Respondent No.2, discarding Form (A)..........
Indian Penal Code, 1860, Section 341, 290, 171F, 34, Police Act, 1861, Section 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 290, 171-F, 34 IPC, and S.34 of Police Act - Quashing of proceedings - FIR and charge-sheet neither disclose any act committed or illegal commission that caused common injury, danger, annoyance to public or any section of public..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Certificate of school was produced by prosecution to prove the date of birth of victim - However, prosecution has failed to produce any document or evidence of school staff, head-master of school or school register admission form, etc., based upon which said certificate..........
