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The bench said that the opinion and advice of the Backward Classes Commission is ordinarily binding on the state legislature under the National Commission for Backward Classes Act, 1993.

Major blow to Mamata govt as Calcutta HC scraps OBC certificates

Calcutta HC scraps OBC certificates
HC strikes&nbsp;down&nbsp;certificates&nbsp;after&nbsp;finding&nbsp;them&nbsp;illegal
Mamata&nbsp;reacts&nbsp;to verdict, says&nbsp;'won't&nbsp;accept&nbsp;it'

The bench said that the opinion and advice of the Backward Classes Commission is ordinarily binding on the state legislature under the National Commission for Backward Classes Act, 1993.

The Calcutta High Court on Wednesday struck down several classes as Other Backward Classes (OBC) under an Act of 2012 of West Bengal for reservation of vacancies in services and posts in the state, finding these illegal.
Passing judgement on petitions challenging the provisions of the Act, the court clarified that the services of citizens of the struck down classes, who are already in service or have availed the benefit of reservation or have succeeded in any selection process of the state will not be affected by the order.
The court struck down several classes for reservation as Other Backward Classes (OBC) given under The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.
In the judgement, the division bench comprising justices Tapabrata Chakraborty and Rajasekhar Mantha clarified that the executive orders of the state government classifying 66 classes of OBC before 2010 were not interfered with, since these were not challenged in the petitions.
The bench directed that the executive orders classifying 42 classes made by the state from March 5, 2010 till May 11, 2012, were also quashed, with prospective effect, in view of the illegality of the reports recommending such classification.
The bench said that the opinion and advice of the Backward Classes Commission is ordinarily binding on the state legislature under the National Commission for Backward Classes Act, 1993.
The bench directed the Backward Classes Welfare Department of the state, in consultation with the Commission, to place a report before the legislature with recommendations of inclusion of new classes or for exclusion of remaining classes in the state list of OBCs.
Also watch: <a href="https://www.editorji.com/india-news/delhi/ex-jharkhand-cm-hemant-soren-withdraws-bail-plea-1716361333923">Ex-Jharkhand CM Hemant Soren withdraws plea after SC rap</a>

The high court's strong observations came while hearing a petition filed by a man and his family against criminal cases filed against them by the man's estranged wife.

Calcutta HC: IPC section 498A introduced for welfare of women being misused

The high court's strong observations came while hearing a petition filed by a man and his family against criminal cases filed against them by the man's estranged wife.

Calcutta HC on August 21 said that women have unleashed legal terrorism by misusing IPC section 498A--primarily introduced for the welfare of women. The provision criminalises cruelty against a woman by the husband and his family.&nbsp;
The court noted that the definition of cruelty under Section 498A does not solely rely on the allegations made by the complainant (wife) and cannot be proven based solely on her testimony of harassment and torture.
The high court's strong observations came while hearing a petition filed by a man and his family against criminal cases filed against them by the man's estranged wife.
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Gujarat polls speech: Calcutta HC quashes FIR against actor Paresh Rawal

The court noted that Rawal, who had moved a petition before it seeking quashing of the FIR, has already given clarifications and tendered an apology over the speech in question.

&nbsp;Calcutta High Court on Monday quashed an FIR filed against actor Paresh Rawal by the CPI(M)'s West Bengal unit secretary Mohd Salim who claimed that the Padma Shri awardee had made derogatory comments against the Bengali community. The court noted that Rawal, who had moved a petition before it seeking quashing of the FIR, has already given clarifications and tendered an apology over the speech in question. It said the speech was made in Gujarati and some of the criticisms that have been made against the speech are by persons who may not necessarily understand the language. Considering all aspects of the case, Justice Rajasekhar Mantha quashed the FIR, observing that further continuation of the proceedings was not desirable.
Advocate Varun Chugh, counsel for Rawal, said the FIR was registered with the intention to gain political mileage with ulterior motives.
"It is evident that it is a politically motivated FIR to damage the reputation of a celebrity and public figure like my client," he said. Rawal, a former BJP MP, stated in the petition that his speech delivered in Gujarati on November 29, during a campaign for the Gujarat assembly elections last year, was misinterpreted and mistranslated for political vendetta. He maintained that he has given clarifications on his statement and apologised on December 2, the same date when Salim filed an FIR at Taltala police station in Kolkata.
Also watch: <a href="https://www.editorji.com/india-news/politics/union-budget-not-futuristic-anti-people-mamata-banerjee-1675245330349">Union Budget 'not futuristic', 'anti-people': Mamata Banerjee</a>

It was embarrassment for the West Bengal Education Minister Paresh Chandra Adhikari and his daughter when the Calcutta High Court ruled that she can’t keep her government teacher job and would have to return the salary she took from 2018.   The High Court dismissed Ankita Adhikari’s employment in a government-aided school and ruled that she deposit the salary paid to her since November 2018 in two instalments with the registrar. The high court was hearing a petition filed by a candidate who claimed that she was deprived of the position despite having secured higher marks than Ankita in the recruitment examination.   The CBI is also probing the minister over his daughter's alleged illegal appointment and in fact he was grilled by the central agency in their Kolkata office on Friday.  The central agency had on Thursday filed an FIR against Adhikari after he failed to meet the deadline set by the high court for appearance before its sleuths in connection with the case. Adhikari, along with his daughter, was booked for cheating and dishonesty, criminal conspiracy and corruption.  

Here's why Calcutta HC sacked Bengal education minister's daughter and asked her to refund salary

The High Court dismissed Ankita Adhikari’s employment in a government-aided school and ruled that she deposit the salary paid to her since November 2018 in two instalments with the registrar. 

Adhikari, along with his daughter, was booked for cheating and dishonesty, criminal conspiracy and corruption.

It was embarrassment for the West Bengal Education Minister Paresh Chandra Adhikari and his daughter when the Calcutta High Court ruled that she can&rsquo;t keep her government teacher job and would have to return the salary she took from 2018. &nbsp; &nbsp; The High Court dismissed Ankita Adhikari&rsquo;s employment in a government-aided school&nbsp;and ruled that she deposit the salary paid to her since November 2018 in two instalments with the registrar.&nbsp; The high court was hearing a petition filed by a candidate who claimed that she was deprived of the position despite having secured higher marks than Ankita in the recruitment examination. &nbsp; &nbsp; The CBI is also probing the minister over his daughter's alleged illegal appointment and in fact he was grilled by the central agency in their Kolkata office on Friday. &nbsp;
Also watch: <a href="https://www.editorji.com/business-news/first-ever-5g-call-telecom-minister-dials-in-1653015578745" target="_blank">First ever 5G call! Telecom Minister dials in</a> The central agency had on Thursday filed an FIR against Adhikari after he failed to meet the deadline set by the high court for appearance before its sleuths in connection with the case.&nbsp; Adhikari, along with his daughter, was booked for cheating and dishonesty, criminal conspiracy and corruption.&nbsp; &nbsp;

Calcutta HC slammed Bengal govt over post poll violence, said evidence exists but administration is in denial of the incidents of violence

Calcutta HC says Bengal govt in 'denial mode' over post poll violence

Bengal post poll violence: Calcutta HC says government in 'denial mode'

Bengal post poll violence: HC orders govt to register all cases
HC:&nbsp;enough evidence to establish the post-poll violence
HC:&nbsp;Mamata&nbsp;Banerjee led govt in denial mode, caught on wrong foot
HC to Bengal govt: provide medical treatment, ration to all victims
2nd autopsy of BJP leader Abhijit Sarkar ordered by the High Court
HC issued show cause notices to the DM and SP of Jadavpur

Calcutta HC slammed Bengal govt over post poll violence, said evidence exists but administration is in denial of the incidents of violence

The Calcutta High Court has ordered the police in West Bengal to register the cases of all victims of <a href="https://www.editorji.com/story/cm-mamata-banerjee-calls-post-poll-violence-claims-in-bengal-bjp-s-gimmick-1623940120927" target="_blank">post-poll violence</a> amid allegations that complaints were not being filed by the authorities concerned.
Bengal&rsquo;s TMC government was strongly condemned by the Court on Friday over the violence that erupted in May after the elections, saying the administration was in &ldquo;denial mode&rdquo;. It also said that&nbsp;there is enough evidence to establish the post-poll violence, and added the state has been caught &ldquo;on the wrong foot&rdquo;.
The <a href="https://www.editorji.com/story/bengal-governor-pm-modi-called-expressed-concerns-over-post-poll-violence-1620123406294" target="_blank">Mamata&nbsp;Banerjee&nbsp;led state government</a> has been asked to ensure medical treatment and ration are provided to all the victims, even if they don&rsquo;t have ration cards.
Further, a second autopsy of BJP leader Abhijit Sarkar who was allegedly killed in post-poll violence has also been ordered by the court.
The five-judge bench issued show cause notices to the district magistrate and superintendent of police of Jadavpur.&nbsp;
Also Watch&nbsp;<a href="https://www.editorji.com/story/bengal-governor-disgusted-claims-not-being-updated-on-post-poll-violence-in-the-state-1620534287784" target="_blank">Bengal Governor 'disgusted', claims not being updated on post poll violence in the state</a>

In a setback for Mamata&nbsp;Banerjee, the Calcutta High Court on Monday dismissed the&nbsp;West Bengal government&rsquo;s plea for recalling its order that directed the National Human Rights Commission&nbsp;to examine all cases of alleged post-poll violence in the state.
Rejecting the plea, a 5-judge bench headed by acting Chief Justice Rajesh Bindal observed that its earlier order was passed after the state failed to inspire the court&rsquo;s confidence. The bench also said that the court does not find any occasion to modify or stay its earlier ruling.
The West Bengal government had claimed that it was not given adequate opportunity to place all facts on record, including the steps taken by the state government to address the issues relating to post-poll violence.

Setback for Mamata: High Court refuses to stay NHRC probe into post-poll violence

//HC refuses Bengal's plea to recall panel to examine post-poll violence //Calcutta HC: state failed to inspire&nbsp;the court's confidence //HC has ordered NHRC panel to see into&nbsp;human rights violations post assembly polls&nbsp; //WB had sought stay on order seeking time to respond to the report on the matter&nbsp; //Govt: not given adequate opportunity to place all facts on record&nbsp;

In a setback for Mamata&nbsp;Banerjee, the Calcutta High Court on Monday dismissed the&nbsp;West Bengal government&rsquo;s plea for recalling its order that directed the National Human Rights Commission&nbsp;to examine all cases of alleged post-poll violence in the state.
Rejecting the plea, a 5-judge bench headed by acting Chief Justice Rajesh Bindal observed that its earlier order was passed after the state failed to inspire the court&rsquo;s confidence. The bench also said that the court does not find any occasion to modify or stay its earlier ruling.
The West Bengal government had claimed that it was not given adequate opportunity to place all facts on record, including the steps taken by the state government to address the issues relating to post-poll violence.

The Calcutta High Court on Friday ordered the house arrest of the two Bengal cabinet ministers Firhad Hakim and Subrata Mukherjee and two former ministers Madan Mitra and Sovan Chatterjee in connection with the Narada sting case. The Bengal leaders were arrested by CBI after high drama on Monday.
The TMC leaders' counsel Abhishek Manu Singhvi sought a stay on the house arrest order.
Justice Arijit Banerjee of the Calcutta HC bench agreed to grant interim bail to the arrested TMC leaders, while the acting Chief Justice Rajesh Bindal has ordered house arrest. The court also referred the political leaders' bail hearing to a larger three-member bench after the two-member bench differed in their opinions
The CBI opposed the house arrest order and sought transfer of the case.

Narada bribery case: HC orders house arrest of TMC leaders, stays bail plea

The Calcutta High Court on Friday ordered the house arrest of the two Bengal cabinet ministers Firhad Hakim and Subrata Mukherjee and two former ministers Madan Mitra and Sovan Chatterjee in connection with the Narada sting case. The Bengal leaders were arrested by CBI after high drama on Monday.
The TMC leaders' counsel Abhishek Manu Singhvi sought a stay on the house arrest order.
Justice Arijit Banerjee of the Calcutta HC bench agreed to grant interim bail to the arrested TMC leaders, while the acting Chief Justice Rajesh Bindal has ordered house arrest. The court&nbsp; referred the political leaders' bail hearing to a larger three-member bench after the two-member bench differed in their opinions
The CBI opposed the house arrest order and sought transfer of the case.

Calcutta HC: Durga Puja pandals to be no-entry zones for visitors

Fearing a spike in Covid cases in West Bengal owing to crowding during Durga Puja, the Calcutta High Court on Monday said the pandals would be no-entry zones for visitors. The court ruled revelers would not be allowed within a five-metre distance for small pandals and 10 metre for big pandals while directing organisers to erect barricades at their entrance. Only organisers or puja committee members would be allowed inside the pandals, the court said as it limited the number to 25 for big pandals and 15 for the smaller ones. &nbsp;The HC also asked each puja committee to submit a blueprint on crowd management. &nbsp;Considering the pandemic situation, several pandal committees have made arrangements for virtual &lsquo;darshan&rsquo; this time.

Puja restrictions as spike in Covid cases feared
Puja pandals to be no-entry zones for visitors: HC
Organisers directed to erect barricades at entrance
Organisers,&nbsp;puja committee members allowed inside
&nbsp;
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Fearing a spike in Covid cases in West Bengal owing to crowding during Durga Puja, the Calcutta High Court on Monday said the pandals would be no-entry zones for visitors. The court ruled revelers would not be allowed within a five-metre distance for small pandals and 10 metre for big pandals while directing organisers to erect barricades at their entrance. Only organisers or puja committee members would be allowed inside the pandals, the court said as it limited the number to 25 for big pandals and 15 for the smaller ones. &nbsp;The HC also asked each puja committee to submit a blueprint on crowd management. &nbsp;Considering the pandemic situation, several pandal committees have made arrangements for virtual &lsquo;darshan&rsquo; this time.

calcutta hc

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