Whether RCCIIT amenable to writ jurisdiction? Calcutta High Court refers ‘issue of maintainability’ to Larger Bench
The Calcutta High Court referred the issue to a larger bench in order to ensure judicial discipline and uniformity.
The Calcutta High Court referred the issue to a larger bench in order to ensure judicial discipline and uniformity.
Whether the process issued against the petitioner by the Magistrate was valid considering the petitioner’s residence outside the territorial jurisdiction of the Magistrate?
The Calcutta High Court observed that Section 311 of the CrPC provides wide discretionary powers to courts for summoning, examining, or recalling witnesses if their evidence is essential to a just decision.
Calcutta High Court upheld the lower courts’ conclusion regarding the unreliability of Exhibit A and Exhibit B as the petitioners’ defense did not raise a reasonable doubt.
Calcutta High Court emphasized that the prosecution did not provide sufficient evidence to establish when and how the rice was weighed.
The Calcutta High Court stated that Mens rea, a crucial element for a criminal offense, was not established merely by the omission of the license number.
The petitioner’s request for transfer of service for personal reasons deemed justified on humanitarian grounds under the principles of ‘Natural Justice’.
The prosecution failed to establish the misbranding of the “Red Label Natural Care Tea” beyond a reasonable doubt as the report of the public analyst, was not adequately proven.
Calcutta High Court held that the Court has no power to determine the correctness, validity and probative value of the evidence collected by the Investigation Officer during investigation.
While pointing out the misuse of Section 498A of the IPC, the Calcutta High Court quashed the criminal proceedings on the grounds of insufficient evidence and misuse of the law.
Calcutta High Court dismissed all the three criminal revision applications seeking quashing of the criminal proceedings and deemed them groundless.