Tag: Calcutta High Court

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Calcutta HC Cancels Builder’s Bail, Rejects ‘Sinful’ Protection

KOLKATA: The Calcutta High Court has revoked the bail granted to a builder involved in a cheating case by a lower court, stating that the liberty of an accused cannot be safeguarded by an order “born in sin”. Justice Uday Kumar noted that a bail order that is unsigned or partially initialed, lacks a rationale addressing the victim’s specific objections, and disregards witness intimidation history, constitutes a perverse ruling that the high court must annul. “This case showcases a troubling scenario where the liberty of the accused overshadowed the victim’s safety through an order that fails the fundamental requirements of…

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Calcutta HC: KMC Can Fix Unsafe Buildings in Disputes

KOLKATA: The Calcutta High Court ruled on Dec 23 that civil disputes would not hinder the renovation of a building designated as ‘dilapidated’ or ‘unsafe’ by the KMC. The court stated, “The residents, including tenants and nearby individuals, could face substantial risk if the Corporation’s order is not executed.” The challenge arose from the trial court’s decision to lift an interim order in a civil suit regarding a 1/6th property share, brought before the division bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, which also contested transfer deeds issued by the building owners. After the lower court issued the interim…

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Calcutta HC: Auction Buyers Must Pay Property Tax Dues

KOLKATA: The Calcutta High Court ruled on September 25 that auction purchasers must cover the property tax liabilities of previous owners. This decision arose when a company requested a waiver for outstanding property taxes amounting to Rs 1,23,84,142, which the KMC deemed unacceptable for mutation. Justice Gaurang Kanth indicated that the auction purchaser holds the responsibility for the property’s tax arrears, stating, “The petitioner, being the auction purchaser, is obliged to settle the outstanding property tax dues. The sale notice and expression of interest (EOI) highlighted that all bidders should conduct their own investigations and due diligence before bidding.” The…

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No More Hurdles for Chingrighata Orange Line Work: HC

KOLKATA: The Calcutta High Court (HC) announced on Thursday that construction work at the Chingrighata crossing for the Orange Line project can proceed without further issues. This decision came during the hearing of a Public Interest Litigation (PIL) filed by Upamanyu Bhattacharya, which sought urgent court intervention in response to delays in completing the 32km New Garia-Airport metro corridor. The project had been delayed since February 2 due to the lack of a No Objection Certificate (NOC) from Kolkata Police necessary for cordoning off a section of the busy EM Bypass crossing. State Advocate General Kishore Datta informed the HC…

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Calcutta HC: Building Nod Can’t Be Denied Based on Old Plans

KOLKATA: The Calcutta High Court has ruled that the civic body cannot deny building permits based on a nearly 100-year-old street plan. The court annulled alignments for two streets from 1930 that had never been implemented. The Kolkata Municipal Corporation (KMC) had used this outdated plan to deny building permissions for properties at 74A Christopher Road and 32 Pulin Khatik Road. Justice Rai Chattopadhyay stated, “A plan must be acted upon within a reasonable timeframe. It is unfair for KMC to indefinitely uphold a historical street plan. The legislature allows for cancellation or modification of such plans after 10 years…