ORDERS/JUDGEMENTS1. 'Depressed' CCL Dies By Suicide In JJ Home, 'Incident Unsettled Us To The Core': Calcutta HC Seeks Accountability Of AuthoritiesCase title - Labu Islam vs. State of West BengalCase Citation: 2023 LiveLaw (Cal) 7The Calcutta High Court took note of an incident wherein a child in conflict with law (CCL), whose bail plea was pending before the High Court in connection with...
ORDERS/JUDGEMENTS
Case title - Labu Islam vs. State of West Bengal
Case Citation: 2023 LiveLaw (Cal) 7
The Calcutta High Court took note of an incident wherein a child in conflict with law (CCL), whose bail plea was pending before the High Court in connection with an NDPS Act, died by suicide saying that the incident unsettled it to the core.
Observing that CCL can't be reduced to a mere static, the bench of Justice Moushumi Bhattacharya and Justice Siddhartha Roy Chowdhury made the following observations:
"We believe that Judges, Judicial Officers, prosecutors, defence counsel, law enforcement agencies and all those who set the wheels of justice in motion and keep it in momentum should be jolted out of their complacency and let their conscience and compassion take over...Even a drop in the ocean may lead to a difference by building a wave of corrective action which one day will turn the tide towards what needs and should be done with immediacy and best intentions."
Case Title: The Court on its own motion
Citation: 2023 LiveLaw (Cal) 10
In a significant development, a three-Judge Bench of the Calcutta High Court issued a slew of directions restraining advocates from holding agitations within the court premises pertaining to the contempt case initiated by Justice Rajasekhar Mantha against the errant lawyers who had created a ruckus outside his courtroom on January 9.
A Bench comprising Justices TS Sivagnanam, IP Mukerji and Chitta Ranjan Dash ordered,
"Since this Court is seized of this matter, we direct that no meetings, processions, agitations, shall be held or placards shall be displayed within the premises of this Court or anywhere else concerning the subject issue and this direction shall be given due publicity by the Registrar General by intimating to the three wings of the Bar as well as displaying the same in the notice board and also posting the same in the official website of this Hon'ble Court."
Case Title: Sri Uttam Kumar Bose v. State of West Bengal
Citation: 2023 LiveLaw (Cal) 11
The Calcutta High Court ruled that infertility of a woman cannot be a valid ground for seeking divorce. The Court also underscored that asking for divorce by mutual consent from one's wife who is in a traumatic situation for having developed primary infertility amounts to mental cruelty within the definition of Section 498A of the IPC.
Justice Shampa Dutt (Paul) observed,
“The reason of infertility is not a ground for divorce. There are several options to become parents. A spouse has to be understanding in these circumstances as it is the other (only) who can help one to regain her/his mental, physical and emotional strength. To be able to face the world, the society in general, bravely together.
Case title – Salim Ahmed & Anr. v. The State of West Bengal & Ors.
Case Citation: 2023 LiveLaw (Cal) 13
Stressing that the menace of ragging can adversely impact the intellectual growth, well-being, and development of society and the nation, the Calcutta High Court directed the Director of IIT, Kharagpur to take stern, stringent and deterrent measures regarding the unnatural death of a 23-year-old student and to prevent the recurrence of such incidents in future.
The bench of Justice Rajasekhar Mantha also said that the Director of the institute shall be personally responsible to ensure that appropriate counseling, sessions, starting at the ground level, are put in place at the IIT.
Case title - Sri Writuraj Sen & Ors. Vs The State of West Bengal & Anr. [CRR 534 of 2019]
Case Citation: 2023 LiveLaw (Cal) 16
The Calcutta High Court said that the Police Officers take a lot of abuse from people but their work deserves appreciation and acknowledgment so that they are inspired to do more service effectively.
The Bench of Justice Shampa Dutt (Paul) also added too often, the hard and dangerous work that the police officers do, goes unnoticed or at least unrecognized and that most people don't really think about what police do every day in their community until they need assistance from them.
"The uniform gives the public confidence though they being human too, may react emotionally. If you treat them with respect, they will reciprocate. Officers take a lot of abuse from people who don't know them and simply don't like the police. Showing a little respect will go a long way. But having power given by the statute there may be misuse, which the people rightly react to, at times. It's easy to forget all the hard work and sacrifices police officers make on a daily basis. Everyone loves acknowledgement and appreciation, the Police are no different. Their work deserves appreciation and acknowledgement so that they are inspired to do more service effectively," the Court further remarked.
Case: Groz-Beckert KG v. Union of India & Ors., AID No. 16 of 2022
Citation: 2023 LiveLaw (Cal) 17
The Calcutta High Court recently, in hearing an appeal under Section 117A(2) of the Patents Act, has ruled that for applying the test of inventiveness of an invention sought to be registered under the Act, the same has to be applied by considering the invention as a whole.
The Court further noted that as regards determining the obviousness of such invention, the Court ought to apply such standard strictly and objectively without dissecting such application for registration into isolated elements.
Case Title: Shipra Dey v. The State of West Bengal & Ors
Case Citation: 2023 LiveLaw (Cal) 23
While adjudicating upon an alleged custodial death case, the Calcutta High Court recently ruled that the concerned police authorities had violated Article 21 of the Constitution by not abiding by the guidelines laid down by the Supreme Court in Lalita Kumari vs. State of Uttar Pradesh (2014) as well as provisions of the Code of Criminal Procedure (CrPC).
Accordingly, the Court ordered the concerned Magistrate to conduct an inquiry under Section 202 of the CrPC into the custodial death case. In the instant case, the deceased was called to the police station without serving him any notice, which, the court termed to be a violation of the Supreme Court's guidelines in the case of Lalita Kumar (supra).
Case Title: Rabi Saha @ Sarkar v. State of West Bengal
Case Citation: 2023 LiveLaw (Cal) 32
The Calcutta High Court has recently held that removing a minor victim's pants after she refused to do so herself amounts to an attempt to commit the offence of rape.
The Court was adjudicating upon an appeal passed against a trial court order convicting the appellant under Section 376 (punishment for the offence of rape) read with Section 511 (punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment) of the Indian Penal Code (IPC).
Case Title: Akhil Bandhu Saha v. The Member Secretary, State Legal Services Authority & Ors.
Citation: 2023 LiveLaw (Cal) 47
The Calcutta High Court set aside the order of State Legal Services Authority by which a litigant, facing financial crunch due to failed business and working as an advocate's clerk, was referred for psychiatric treatment for writing derogatory and offensive letters to the high ranking officials and High Court judges.
A single judge bench of Justice Amrita Sinha observed:
“Out of despair and frustration on account of delayed disposal of his legal proceedings, the petitioner shot letters to the high ranking officials and also to the Hon'ble judges of this Court. The contents of the letters are undoubtedly derogatory, offensive, nasty, false and leaves a bad taste in the mouth but the same does not have anything to do with the mental health of the petitioner.”
Case Title: Dr. Raunak Hajari & Anr. v. The State of West Bengal & Anr.
Citation: 2023 LiveLaw (Cal) 50
The Calcutta High Court has refused to quash the criminal proceedings initiated against a medical professional (Resident Medical Officer (RMO)) under Section 377 of IPC for allegedly forcing anal intercourse on a 1st year medical student at the hospital of his residency.
While the medical examination of the complainant-victim did not evidence complete anal intercourse, the single judge bench of Justice Shampa Dutt (Paul) observed "penetration, however little is an offence".
Case Title: Binod Banik v. The State of West Bengal & Anr.
Citation: 2023 LiveLaw (Cal) 52
The Calcutta High Court recently acquitted a person, convicted by trial court for the offence of rape, on the ground that the victim being fully grown up lady voluntarily consented to having sexual intercourse with the accused and it cannot be said to be a case of consent under misconception due to false promise of marriage.
The division bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta observed:
“No doubt it is morally reprehensible for the appellant to desert the victim lady with whom he had entered into an informal marriage after she had become pregnant. But moral indignation cannot take the place of legal proof that the cohabitation of the parties was on the basis of a dishonest representation of the appellant...The circumstances clearly indicate that the prosecutrix willingly consented to having sexual intercourse with the appellant with whom she was in love, not because he promised to marry her, but because she also desired it.”
Case Title: The State of West Bengal & Ors. v. Madhab Sarkar
Citation: 2023 LiveLaw (Cal) 61
The Calcutta High Court recently upheld an order of the Additional Chief Secretary To State's Health Department which rejected the application of a doctor for voluntary retirement on the ground of larger public interest.
While upholding the said order, the division bench of Justice Harish Tandon and Justice Prasenjit Biswas observed:
“The health sector being a most important sector in the administration of the system for not only rendition of the services to the society but to the humanity as well. The health of the citizenry plays a very pivotal role in the development of the society and the country. The people doctor ratio in the country is abysmally low and there is a dearth and paucity of the Doctors at the Government Hospitals where the poorest of the poor got benefit of the treatment.”
Case Title: The State of West Bengal v. Sahadeb Barman & Ors. with related criminal appeal
Citation: 2023 LiveLaw (Cal) 66
The Calcutta High Court at Jalpaiguri recently commuted the death sentence awarded by the trial court to the convicts in a triple-murder case, to life imprisonment without remission for a period of 30 years,.
A division bench of Justice Joymalya Bagchi and Justice Subhendu Samanta observed:
“Presence of mitigating factors like lack of criminal antecedents play an important role to opt for a more humanistic approach of imposition of life imprisonment without remission. Appellants are first time offenders. Though the three persons have been murdered, evidence on record do not show appellants had come to the spot armed or the murders were pre-planned.”
Case Title: Anupam Bera vs State of West Bengal
Case Title: 2023 LiveLaw (Cal) 69
In a significant order, the Calcutta High Court has ruled that the State has no authority to appoint, re-appoint, or extend the tenures of Vice Chancellors of the universities in the state of West Bengal.
It has further held that the appointment of Vice-Chancellors should be strictly in accordance with the provisions of law.
The division bench comprising of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj, have ordered the removal of Vice-Chancellors of nearly 29 universities in the State, who were appointed/re-appointed by the state government based on the amendments to the West Bengal Universities Act carried out in 2012 and 2014.
Case Title: Swadesh Ranjan Das Adhikary v. The State of West Bengal & Ors.
Citation: 2023 LiveLaw (Cal) 70
The Calcutta High Court recently observed that there should be level playing field for all political denominations and ideologies in the State for holding public rallies, gatherings and meetings.
The aforesaid observations were made by a single judge bench of Justice Rajasekhar Mantha while hearing a writ petition filed by a BJP leader challenging the decision of the State Police denying him the permission to hold a rally on March 14 at Nandigram for paying respects to the 14 villagers who were killed in police firing during Anti-Land Acquisition protests on March 14, 2007.
Case Title: Sukhamoy Chakraborty v. The State of West Bengal
Citation: 2023 LiveLaw (Cal) 72
The Calcutta High Court at Jalpaiguri recently quashed an order of Judicial Magistrate which directed a Police Officer to appear personally before his Court to file show-cause as well as execution report of a warrant of arrest against a medical officer, failing which he shall be liable to face penal consequences.
While quashing the order, the single judge bench of Justice Bibek Chaudhuri observed:
“I would like to record at the outset that temperament is not only the essential but basic attribute of a Judge. If judicial act and conduct expresses ill-temperament and projected ill-feeling towards any person who are coming to the Court to seek justice as well as the persons who are responsible for enforcement of law, in other words, Law Enforcing Agency, there shall be occurrence of failure of justice.”
Case Title: Sri Suvendhu Adhikari v. The State of West Bengal & Ors
Citation: 2023 LiveLaw (Cal) 82
The Calcutta High Court transferred the investigation to the CBI in two registered cases with regard to the incident of attack on the convoy of Union Minister Nisith Pramanik on February 25, 2023.
While hearing a Writ Petition filed by Suvendhu Adhikari, an MLA and Leader of Opposition in West Bengal Assembly in relation to the incident, the division bench of Chief Chief Justice Prakash Shrivastava and Justice Rai Chattopadhyay observed:
“Different yardsticks have been applied by the State Police to take action against the workers of two different political parties. A perusal of the case diaries also reveals that investigation is not heading in the right direction... Thus, in the above circumstances of the case and considering the fact that the attack is on the convoy of Union Minister of State and the allegation is in respect of larger conspiracy to cause bodily harm to him, we are of the view that to ensure fair, unbiased and neutral investigation, it is necessary that the investigation is carried out by an independent agency.”
Case Title: Hasin Jahan v. State of West Bengal & Ors.
Citation: 2023 LiveLaw (Cal) 83
The Calcutta High Court upheld an order of the Sessions Judge, Alipore stayed the arrest warrant issued against cricketer Mohammad Shami in a cruelty and assault case filed by his wife in 2018.
The single judge bench of Justice Shampa Dutt (Paul) observed:
“In the present case the learned Session Judge passed an order of stay. The hearing of the revision is still pending. And as such in view of the Judgment of the Supreme Court in Honnaiah T.H. (Supra) the order of the learned Session Judge requires no interference.”
Case Title: Manirul Islam v. The State of West Bengal
Citation: 2023 LiveLaw (Cal) 87
The Calcutta High Court granted bail to an alleged member of the banned organisation Jamaat-ul-Mujahideen Bangladesh (JMB). The accused was arrested in 2019 in a case under various provisions of Explosive and Substance Act, Indian Penal Code (IPC) and Unlawful Activities (Prevention) Act (UAPA).
The division bench of Justice Ajay Kumar Gupta and Justice Joymala Bagchi observed:
“Keeping in mind the slow progress of trial and as the petitioner has suffered incarceration for more than four years when the maximum sentence imposed on the co-accused on the same charge is five years and nine months, we are of the view his continued detention would amount to infraction of his fundamental right to speedy justice and he is entitled to bail on this score. Bail prayer of the petitioner on this ground is not fettered by Section 43(D)(5) of the UAPA Act.”
21. Ram Navami Violence: Calcutta High Court Directs State To Deploy Adequate Force In Affected Areas
Citation: 2023 LiveLaw (Cal) 89
The Calcutta High Court directed the state government to deploy adequate police force in the affected areas where incidents of violence took place during the Ram Navami procession, so that peace and tranquillity prevails.
While hearing a PIL filed by Leader of Opposition in State Assembly and BJP MLA Suvendu Adhikari, the division bench of the Acting Chief Justice T. Sivagnanam and Justice Hiranmay Bhattacharyya observed:
“The respondent State shall ensure that the public in the area shall not in any manner affected by any incident of violence or arson and law and order shall be kept under control. The safety of the school going children and the businessmen should be sufficiently safeguarded.”
Case Title: Sunil Bharti Mittal & Anr. v. State of West Bengal & Anr.
Citation: 2023 LiveLaw (Cal) 95
The Calcutta High Court quashed criminal proceedings in a private complaint alleging offences under Sections 465 and 468 of IPC against Bharti Enterprises Chairman Sunil Bharti Mittal and another senior company official on the ground that allegations made in the complaint do not disclose any prosecutable case against them.
Justice Rai Chattopadhyay said the complainant has not been able to project in his written complaint any prima facie material against the petitioners.
Case Title: Jafar Ali v. State of West Bengal
Citation: 2023 LiveLaw (Cal) 101
The Calcutta High Court directed all the Superintendents of Police and Commissioners of Police in West Bengal to ensure that the police officers diligently fill in all the columns in the respective memo of arrests by stating the actual situation.
The division bench of Justice Shampa Dutt (Paul) and Justice Rajarshi Bharadwaj further directed:
“The concerned SPs and CPs will take up the matter in the monthly crime conference and will supervise these cases seriously and also take all updates in such cases on regular basis. The matter be also brought to the notice of Director General of Police, West Bengal, who shall issue appropriate directions as per our observations in this order.”
Case Title: Manogya Loiwal v The State of West Bengal & Ors.
Citation: 2023 LiveLaw (Cal) 108
Staying an FIR filed against a TV journalist for giving an alleged "provocative speech", the Calcutta High Court said that the media is an equally vital pillar of a democracy which cannot be curtailed or intimidated.
Justice Rajasekhar Mantha said the court is prima facie satisfied that the registration of the FIR against the journalist Manogya Loiwal is seriously questionable.
"The media is the fourth and an equally vital pillar of any democracy. The Fourth Estate cannot be curtailed or intimidated. The prima facie illegal FIR will hang as a sword of damocles on the petitioner and may prevent her from pursuing her work."
25. Calcutta High Court Pulls Up Civic Body Chairman For Issuing Demolition Notice To Sessions Judge
Citation: 2023 LiveLaw (Cal) 115
The Calcutta High Court pulled up the Chairman of English Bazar Municipality of Malda District (Municipality) for issuing a notice to the District and Sessions Judge, Malda for the demolition of a building being constructed within the court premises.
The division bench of the Acting Chief Justice (ACJ) T. S. Sivagnanam and Justice Hiranmay Bhattacharyya told Advocate General S. N. Mookherjee that it would pass appropriate orders if the said notice is not withdrawn.
Case title - Sunita Shukla vs. The State of West Bengal & Ors [WPA 7882 of 2022]
Case Citation: 2023 LiveLaw (Cal) 116
The Calcutta High Court ordered the state government to provide Rs. 2 Lakh as compensation, to the family members of an accused (allegedly implicated falsely for offence under the NDPS Act) after finding that certain procedural lapses were committed by the state police while effectuating his arrest.
In its order, the Court also noted that the footage of CCTV, installed in the police station where the accused was kept at the relevant point of time and which could have been an essential piece of evidence, was destroyed.
Case title - Suvendu Adhikari vs. State of West Bengal along with connected matters
Case Citation: 2023 LiveLaw (Cal) 120
The use of explosives substances and hurling of bombs have become regular features during rallies and religious ceremonies, observed the Calcutta High Court while transferring to NIA, the probe into the incidents of violence that occurred in the state last month during the Ram Navami celebrations.
The bench of Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya said that in the state of Bengal, at least twelve such violent incidents had taken place since April 2021 wherein weaponry, arms, ammunition, artillery and bombs were used by the miscreants causing great loss of life and public properties.
Case Name; The Director of Technical Education & Training Govt. of W.B. v Madan Mohan Sarkar & Ors.
Citation: 2023 LiveLaw (Cal) 123
A division bench of the Calcutta High Court comprising of Justice I.P. Mukerji and Justice Biswaroop Chowdhury while deciding a Writ Appeal in the case of The Director of Technical Education & Training Govt. of W.B. v Madan Mohan Sarkar & Ors. has held that non-teaching employees of the hostel/ mess of Malda Polytechnic should be treated as the permanent employees of the college and should be granted allowances including service benefits.
Case Title: Sri Sanjib Chakraborty v. Sri Subir Ranjan Chakraborty & Anr.
Citation: 2023 LiveLaw (Cal) 124
The Calcutta High Court recently quashed a private complaint filed against a Police Officer for displaying the word 'POLICE' written on his personal vehicle
The single judge bench of Justice Bibek Chaudhuri said the court does not find violation of any penal provision under the IPC "only for displaying the word 'POLICE' on the front and rear screen of the personal vehicle of the petitioner".
Justice Chaudhuri said the complaint filed by the opposite party is totally based on apprehension, if not surmise and conjecture.
Case title - Chitra Mukherjee vs. Union of India & Ors.
Case citation: 2023 LiveLaw (Cal) 131
The Calcutta High Court has observed that a death caused by a mosquito bite wouldn't count as an “accident” and hence, the same wouldn't be covered as an insurable claim under the 'Accident' insurance.
Observing that any disease caused by a mosquito bite can not be termed an accident, the bench of Justice Moushumi Bhattacharya upheld the decision of an Insurance Company which denied its liability on account of the cause of death of the petitioner's son who died of Dengue.
Case Title: Priyanka Naskar & Ors. v. The Union of India & Ors.
Citation: 2023 LiveLaw (Cal) 135
The Calcutta High Court cancelled the appointment of 36,000 "untrained" primary school teachers who were recruited by the West Bengal Board of Primary Education in 2016.
The single judge bench of Justice Abhijit Gangopadhyay observed:
“From the gross illegality in the selection procedure in the recruitment exercise of 2016 conducted by the Board it is clear that the Board and its officials including its former President (who is now in custody after arrest by Enforcement Directorate for transaction of huge money in the recruitment procedure) conducted the whole affair like affair of a local club and now it is gradually coming to light by investigation of Enforcement Directorate that jobs for primary school teachers were actually sold to some candidates who had the money to purchase the employment. A corruption of this magnitude was never known in the State of West Bengal."
Case Title: Shyam Steel Industries Ltd. & Anr. v. Union of India & Ors.
Citation: 2023 LiveLaw (Cal) 144
The Calcutta High Court recently refused to stay summons issued to two senior officials including a Director of Shyam Steel Industries Ltd. by the Director General of Competition Commission of India (CCI) with regard to the investigation being conducted into the alleged cartelization by steel manufacturers.
The single judge bench of Justice Moushumi Bhattacharya observed:
“It follows from the above that section 26(1) does not involve any adjudicatory processes and would also not cause any particular prejudice to the petitioners at the stage of investigation. In the absence of any adjudication, the petitioners would not be visited with civil consequences or any imminent threat of irreversible prejudice. The petitioners will have every opportunity to challenge the investigation process or the decision arising therefrom at a later stage.”
Case Title: Prabha Surana v. The State of West Bengal
Citation: 2023 LiveLaw (Cal) 145
While observing that human liberty is most valuable to every civilised human being, the Calcutta High Court recently reaffirmed its order granting bail to an accused. An earlier order granting bail to her was set aside by the Supreme Court and the matter was remanded back to the High Court for reconsideration.
The division bench of Justice I. P. Mukerji and Justice Biswaroop Chowdhury observed:
“Human liberty is most valuable to every civilized human being. Liberty includes the right and opportunity to free movement without unreasonable restrictions, the freedom to talk, to be talked to, to write, to be written to, to express views, be influenced by expression of views, to work, eat, rest, play, recreate and do activities becoming of a civilized human being, without interference from anybody or unreasonable interference from any state authority.”
Case Title: Sri Protip Roy Basunia v. The State of West Bengal & Anr
Citation: 2023 LiveLaw (Cal) 147
The Calcutta High Court has quashed criminal proceedings against a school teacher who was accused in a case alleging spreading of communal hatred and violence through comments made on Facebook.
The court ruled that being tagged in comments on social media by any other person necessarily "does not confer any liability or responsibility" on the person being tagged.
Case Title: Sekhar Kr Roy v Lila Roy & Anr (FA 109 of 2018)
Citation: 2023 LiveLaw (Cal) 151
The Calcutta High Court has clarified that the mere transfer of money from a husband to his wife for the purchase of property would not qualify as a benami transaction.
A Division bench of Justice Tapabrata Chakroborty and Justice Partha Sarthi Chatterjee observed,
"In the Indian society, if a husband supplies the consideration money for acquiring property in the name of his wife, such fact does not necessarily imply benami transaction. Source of money is, no doubt, an important factor but not a decisive one. The intention of the supplier of the consideration money is the vital fact to be proved by the party who asserts benami."
Case Title: Apollo Multispeciality Hospitals Limited & Anr. vs. West Bengal Clinical Establishment Regulatory Commission WPA 3858 of 2022
Citation: 2023 LiveLaw (Cal) 160
The Calcutta High Court has held that a number of Advisories and an Order issued by the West Bengal Clinical Establishment Regulatory Commission (“Commission”) for fixation of rates and charges by Clinical Establishments (“CEs”) from patients in the State, were without any statutory backing and thereby violated the Fundamental Right to Trade of the CEs under Article 19(1)g of the Constitution.
While allowing a writ petition by Apollo Multispeciality Hospitals and directing the respondent Commission to rescind their advisories, a bench of Justice Moushumi Bhattacharya observed that on a reading of the provisions of the West Bengal Clinical Establishments (Registration, Regulation and Transparency Act, 2017 (“the 2017 Act”), it became clear that the power to issue Advisories of such a nature was not available to the respondent Commission.
Case title: SUVENDU ADHIKARI AND ANR VS STATE OF WEST BENGAL AND ORS
Citation: 2023 LiveLaw (Cal) 162
The Calcutta High Court has directed the West Bengal State Election Commission to requisition central forces for all districts in West Bengal within 48 hours for the 2023 Panchayat Elections.
A division bench of Chief Justice Sivagnaman and Justice Uday Kumar passed the order in a plea filed by Leader of Opposition in West Bengal, Suvendu Adhikari.
The bench noted that a direction for earmarking sensitive areas and deploying forces was passed earlier, but no appreciable steps were taken in this regard.
Case Title: State of West Bengal v Soumen Nandy
Citation: 2023 LiveLaw (Cal) 164
The Calcutta High Court has dismissed an appeal filed by the West Bengal government against CBI investigation into the infamous municipality recruitment scam wherein government jobs were given out to those who were unqualified, without following the processes laid down. The State had appealed against a decision of Justice Abhijit Gangopadhyay handing over the investigation for this matter to the CBI on the contention that Justice Gangopahdyay did not have jurisdiction over such matters.
A Division Bench of Justice Tapabrata Chakroborty and Justice Partha Sarthi Chatterjee observed that the instances of corruption wherein government jobs were given out in exchange of monetary compensation, were the reason behind “widespread dejection and disillusionment among masses.”
In concluding, the Bench upheld the order of Justice Gangopadhyay's decision to hand over the probe from the ED, which had been investigating the aforesaid scam since 2022, to the CBI and opined that the State government cannot stop an investigation into such large-scale instances of ministerial collusion and corruption on mere technicalities.
Case Title: Manoj Mishra v State of WB
Citation: 2023 LiveLaw (Cal) 165
The Calcutta High Court took up a matter concerning the Jagannath Rath Yatra festival being celebrated in West Bengal.
A single-bench of Justice Rajasekhar Mantha held that the Howrah Police's directives in not allowing a chariot procession to take place by devotees of Lord Jagannath, would be unreasonable and amount to an “interference with religious practice.”
Earlier, the Petitioner had approached the Court for permission to hold a Rath Yatra parade in a certain area. The Court had directed him to approach the appropriate police authorities for requisite permission. Aggrieved by the response of the Police, the petitioner moved this petition.
While disposing of the petition, Justice Mantha opined:
"The petitioner shall as already directed earlier, maintain peace and harmony in the procession of the Rathyatra…if there is any anticipation of any vested interest or elements to disrupt the religious function, appropriate and stern procedural measures shall be taken by the police.”
Case: The State of West Bengal and Others v Sabita Roy and connected petitions.
Citation: 2023 LiveLaw (Cal) 167
A Full bench of the Calcutta High Court held that family pension can be extended to unmarried/ widowed daughter of an employee who superannuated or died prior to coming into force of the Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981, which came into effect on and from 1st April, 1981.
The bench comprising Justice Harish Tandon, Justice Shampa Sarkar and Justice Rabindranath Samanta made the observation while answering a reference in connection with three petitions relating to grant of family pension to (i) widowed daughter of a deceased Assistant Teacher, (ii) widowed daughter of a retired (now deceased) high school clerk and (iii) unmarried and handicapped daughter of a retired (now deceased) Assistant Teacher.
Case: Kausik Ghosh & Ors. Vs. The State of West Bengal & Ors.
Citation: 2023 LiveLaw (Cal) 169
The Calcutta High Court has pulled up the Kolkata Municipal Corporation (“KMC”) for its practice of engaging contractual workers to carry out the tasks of permanent employees against the settled position of law in various rules of recruitment, as well as precedents laid down by the Supreme Court from time to time.
A division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray partly allowed an appeal preferred by such contractual workers, seeking regularisation of appointment due to apprehension of losing their contractual jobs, after a decade of service.
The Court, in an exceptional finding, which it did not want to become a precedent, held that while an order for regularisation of service could not be passed due to the dictum of the Supreme Court on this issue, the petitioners would be protected from losing their jobs till their age of superannuation.
Case: Dr Sanat Kumar Ghosh V. The Chancellor, University of Kalyani And Others
Citation: 2023 LiveLaw (Cal) 176
The Calcutta High Court has dismissed a petition filed by a retired Professor, seeking directions to annul the appointments of thirteen interim Vice-Chancellors in State Universities, which were made by the Governor of West Bengal acting as Chancellor of the said Universities. The petitioner had challenged these appointments on the ground that they were bad in law for being made without consulting the relevant state ministry, as was statutorily required.
While dismissing the plea, a Bench of Chief Justice T.S. Sivagnanam and Justice Ajay Kumar Gupta held that the petitioner had failed to show any public cause in their PIL and that the State's support of the same may give rise to connotations that the petitioner was being used as a “tool” to indirectly challenge the orders of the Governor. It opined:
“The writ petitioner has miserably failed to point out as to what is the public interest which has been affected and curiously enough the State of West Bengal which did not raise any objection to the orders passed by the Hon'ble Chancellor has now toed the line of the writ petitioner and outrightly supporting the case of the writ petitioner and virtually stepped into the shoes of the writ petitioner. Therefore, we are well justified in forming an opinion that the writ petitioner has been used as a tool with a view to indirectly challenge the orders issued by the Hon'ble Chancellor.”
Case: Ujjwal Trivedi v The State Of West Bengal and Ors with Save Democracy And Ors v The State Of West Bengal And Ors
Citation: 2023 LiveLaw (Cal) 185
The Calcutta High Court has dismissed pleas filed against the West Bengal State Election Commission, for inter alia re-conduct of elections in areas where seats were uncontested, extension of dates for filing nominations and removal of the State Election Commissioner, among other ancillary reliefs.
A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya held that prayer for the removal of the Election Commissioner would not be maintainable since, it is an independent constitutional body which has been vested with the powers of “superintendence, directions and control” of the election process in terms of Article 243K of the Constitution of India read with provisions of the West Bengal State Election Commission Act, 1994. The Bench opined:
“In terms of Article 243K (2), the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment. In the light of the said constitutional provisions, the prayer made by the writ petitioners to remove the State Election Commissioner is not maintainable and the same is rejected.”
Case: Shivani Mishra Vs. The Union of India and others
Citation: 2023 LiveLaw (Cal) 198
The Calcutta High Court has held that during the 'police verification' process for the issuance of passport, the responsibility of the police is limited to ascertaining the genuineness of documents produced for verification by the applicant, and that the applicant should not be made to suffer indefinitely for inaction by the police authorities.
In allowing a writ-petition, directing the police authorities to expeditiously conclude the verification process of the petitioner's birth certificate, a single-bench of Justice Sabyasachi Bhattacharya held:
"It transpires from the annexure at page-17, regarding Passport Verification Status that the list of documents to be submitted at the Police Station for police verification only requires two of the documents, as stated therein, to be produced as citizenship proof. Since the petitioner has already submitted more than two such documents, no further documents are required to be furnished by the petitioner with the police authorities. The lookout of the Police is only to ascertain whether the documents produced by the petitioner are genuine. The petitioner cannot suffer indefinitely for such inaction on the part of the Police authorities. Accordingly, WPA No. 16452 of 2023 is allowed, thereby directing the respondent no.2-authorities to immediately ascertain as to the outcome of the e-mail allegedly sent to the respondent no.3-authorities, with regard to the verification of the birth certificate produced by the petitioner.”
Case: The Board of Major Port Authority for the Shyama Prasad Mookerjee Port, Kolkata. v Marine Craft Engineers Private Limited.
Citation: 2023 LiveLaw (Cal) 209
The Calcutta High Court recently dismissed an application filed by the Board of Major Port Authority for the Shyama Prasad Mookerjee Port, Kolkata, for staying the operation of an arbitral award passed by the West Bengal State Micro Small Enterprises Facilitation Council (“MSME Council”).
In refuting the petitioners contention that filing an application u/s 34 of the Arbitration & Conciliation Act, 1996 (“1996 Act”) would be sufficient for the Court to deliberate on the question of stay, a single bench of Justice Moushumi Bhattacharya held, that in the absence of a pre-deposit of 75% of the award, in compliance with Section 19 of the MSMED Act, the application u/s 34 of the 1996 Act would remain “stillborn” for the purpose of stay of the award. It said:
The application under section 34 must be a valid application in terms of section 19 of the MSMED Act for the Court to consider stay of the arbitral award under section 36(2). Since the petitioner has admittedly not made the pre-deposit under section 19 of the MSMED Act, the section 34 application filed by the petitioner remains eclipsed in the eye of law as the foundation for a prayer for stay of the arbitral award under section 36(2) of the 1996 Act. Therefore, the present application for stay of the impugned award filed under section 36(2) of the 1996 Act cannot be entertained as the said application is foisted on a stillborn section 34 application. The petitioner must first comply with section 19 of the MSMED Act to breathe life into the application. AP 252 of 2023 is accordingly dismissed as not maintainable for the above reasons.
Case: Sri Shubhendu Kumar Goswami & Ors. Versus The State Of West Bengal & Ors.
Citation: 2023 LiveLaw (Cal) 220
The Calcutta High Court directed the West Bengal's Accountant General to refund an amount of Rs 66,000 to a litigant who was made to deposit the said amount in relation to a civil proceeding back in 2004.
In rebuking the “procrastination on behalf of the authorities” in refunding the petitioners deposit even after the case had been settled out-of-court in 2008, a single-bench of Justice Shekhar B. Saraf held:
The facts before me present a rather unfortunate scenario wherein the petitioners have had to vie with pain for the refund of the deposit they made in court. As per my order dated July 11, 2023, another report was filed by the District Judge, Paschim Medinipur on July 26, 2023, which further surfaces the rather sorry state of affairs that have unravelled. There appears to be no contestation to the fact that the petitioners deposited the said amount, nor to their right to get a refund of the same.
The procrastination on behalf of the authorities is clearly without any logical reasoning and simpliciter a lackadaisical attitude on the part of the authorities.
Case: Dwaipayan Das Vs. State of West Bengal & Anr. & connected application.
Citation: 2023 LiveLaw (Cal) 230
The Calcutta High Court quashed two criminal complaints filed by a wife (“opposite party no 2"), against her husband and in-laws (“petitioners”), on various counts of domestic violence, attempted murder, criminal intimidation, etc. under the IPC.
In noting that the medical evidence on record, as well as witness statements did not corroborate with the opposite party no 2's version of events, a single-bench of Justice Subhendu Samanta quashed the criminal proceedings, and held:
“The allegation of physical and mental torture in both the cases appears to be general and omnibus. The ingredients of the offence specifically the statement of available witnesses does not disclose any specific prima facie materials by which the present petitioner can be entangled for the offences u/s 498A IPC. The legislature has enacted the provision of Section 498A to strike out the dowry menace from the society. But it is observed in several cases that by misusing of said provision new legal terrorism is unleashed.”
Case: Bishal Das & Ors. Vs. The State of West Bengal & Ors
Citation: 2023 LiveLaw (Cal) 233
The Calcutta High Court has recently rejected a transfer petition from three inmates at the Chinsurah District Correctional Home, Hooghly upon holding that keeping them in the same prison cell, away from the main population due to jail authorities' perception of violence from other inmates, did not tantamount to solitary confinement, or a violation of their human rights.
On an earlier occasion, a single-bench of Justice Sabyasachi Bhattacharya had taken on record the State's report on the facilities extended to the petitioners in their time as inmates.
Petitioners had submitted that their incarceration had led to several human rights violations, on counts of solitary confinement, lack of medical assistance, denial of visitation rights from their relatives and advocates, etc.
During the present hearing, the Bench noted the petitioner's response to the report filed by the State, and held that, while the confinement of the petitioners could not be construed to be solitary confinement, the jail authorities would be under a duty to provide them with necessary medical facilities during their incarceration.
Case: Manab Jati Kalyan Foundation and another Vs. The State of West Bengal and others
Citation: 2023 LiveLaw (Cal) 236
The Calcutta High Court has recently observed that Durga Puja, celebrated predominantly in West Bengal, is not merely a religious offering, but rather “much more secular in nature than a pure religious performance by a particular community.”
In allowing the petitioner's plea for hosting their “Durga Utsab 2023” celebrations on the New Town Mela Ground, a single-bench of Justice Sabyasachi Bhattacharya opined:
Argument of the respondent-Authorities [New Town Kolkata Development Authority] regarding the petitioners not having any choice to hold worship or organize religious offerings wherever they wish, falls flat, in view of the implicit character of the Durga Puja Festival held in the State of West Bengal. As is public knowledge, the Durga Puja Festival is not confined merely to the worship or religious offerings component of the incarnation of feminine power but also a melting pot of different cultures. People from all over the state, the country and even from abroad, come to West Bengal purely for the purpose of observing the fanfare and the cultural milieu in the state during Durga Puja Festivals. Hence, there is as much an element of ceremony, cultural programmes, festival and fanfare involved as religious worship.
Case: Nirmal Kumar Das @ Nirmal Das v The Kolkata Municipal Corporation & Ors.
Citation: 2023 LiveLaw (Cal) 238
The Calcutta High Court recently upheld a demolition order by the Kolkata Municipal Council (“KMC”) issued under Section 400(8) of the KMC Act against an unauthorised construction made by the petitioner who had ignored previous 'stop-work' notices and even an FIR filed by KMC in that regard.
A division-bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray expressed its objections on the extent of illegal constructions being initiated within the jurisdiction of the KMC without their immediate intervention.
"When a stop work notice was issued from the side of the KMC, the person responsible should have stopped the construction work and approached the KMC authority. Admittedly he was carrying on the construction without sanctioned plan in violation of the provisions as laid down in Sections 392 and 393 of the KMC Act. If the person responsible thinks that whatever be the nature and extent of his erection work, he can raise construction defying the stop work notice and defying the allegations made against him in the FIR only because that there are certain beneficial provisions for regularizing unauthorized constructions, he has committed a grave mistake and the KMC authority certainly has powers to demolish the unauthorized structure…in societal interest…even without giving him any opportunity of hearing."
Case: Rakesh Sha vs The State of West Bengal
Citation: 2023 LiveLaw (Cal) 240
The Calcutta High Court's Circuit Bench at Jalpaiguri recently allowed the bail plea of an accused under the Narcotic Drugs & Psychotropic Substances Act (“NDPS”) upon taking note of various 'procedural infirmities' in the chargesheet.
A division-bench of Justice Moushumi Bhattacharya and Justice Prasenjit Biswas held:
A mere statement of filing of a supplementary charge-sheet upon obtaining the Examination Report does not conform to the statutory mandate under the proviso to section 36A(4) of the NDPS Act. The Chemical Examination Report becomes the most vital piece of evidence which is required to be made part of the charge-sheet.
Court said filing of charge-sheet within 180 days without the Chemical Examination Report with simply a line that a supplementary charge-sheet will be filed in future with the Examination Report is beyond the contemplation of the proviso to section 36A(4) of the NDPS Act.
Case: Sri Ravi Kumar v Union of India & Others
Citation: 2023 LiveLaw (Cal) 245
The Calcutta High Court has allowed a writ petition moved by a CISF constable challenging his dismissal from service for alleged lack of oversight during his duty at the ISSCO Steel Plant in Burnpur, due to which certain miscreants entered the plant wielding weapons, in an attempt to steal copper wire.
In setting aside the order of dismissal, which labelled the petitioner a 'conniver' and of possessing 'shady integrity', a single-bench of Justice Partha Sarathi Chatterjee held:
A disciplinary authority acts a quasi-judicial authority and hence, observation and findings of such authority must be based on plausible evidence and such authority should not make any observation or comment which is not based on any evidence. Such an observation casts a stigma and leaves a permanent scar on the character of one person or employee and hence, it is expected that such authority must be circumspect in making such observation and/or comment.
Case: X v State of West Bengal
Citation: 2023 LiveLaw (Cal) 254
The Calcutta High Court has recently allowed a plea by a 13-year old rape survivor for medically terminating her 26-week pregnancy and issued directions on the Child Welfare Committee, Purba Mednipur (“CWC”) to provide her younger sibling, and herself with all necessary assistance since they had been deserted by their migrant labourer-parents.
In allowing the minor's plea, a single-bench of Justice Sabyasachi Bhattacharya directed the CWC to assist the survivor in travelling to SSKM Hospital, Calcutta who would set up a medical board to determine the viability of terminating her pregnancy.
Case: Ranjan Das v The State of West Bengal & Anr.
Citation: 2023 LiveLaw (Cal) 255
The Calcutta High Court's Circuit Bench at Jalpaiguri has recently held that cruelty contemplated u/s 498A would be different from general matrimonial disturbances faced by a couple, and that general allegations could not be made to establish a crime u/s 498A.
In upholding the appellant's conviction u/s 323 IPC for voluntarily causing hurt to his wife, while discharging him u/s 498A IPC, a single-bench of Justice Sugato Majumder held:
Cruelty contemplated in Section 498A of the Indian Penal Code is different from day to day bickering between the husband and wife. Sweeping and general allegations cannot be relied upon to conclude that offence under Section 498A of the Indian Penal Code has been perpetrated. The Trial Court committed error in coming to conclusion that the Appellant is guilty of offence under Section 498A of the Indian Penal Code. Therefore, conviction under Section 498A of the Indian Penal Code is liable to be quashed. However, conviction and sentence under Section 323 of the Indian Penal Code stands upheld, in view of oral and corroborating documentary evidence.
Case: Asgar Ali Vs. The State of West Bengal & Anr.
Citation: 2023 LiveLaw (Cal) 256
The Calcutta High Court has dismissed the appeal of a man accused of committing unnatural offences (under Section 377 of the IPC) on his 3-year-old neighbour, upon the prosecution having established his guilt beyond a reasonable doubt.
Justice Shampa Dutt (Paul) observed that the evidence rendered by the child's mother would be the 'best evidence' in such cases.
"A mother's evidence in a case of this nature is the best evidence before the Court. As truthful and sacred as the love in her heart for her tender helpless child of 3 years. A mother is the shield which protects her child against any harm that may befall upon the child. Cases of such nature do not come with eyewitness/eyewitnesses and one should not expect the same, as such acts are done in private, being against nature and the law. The act of the appellant herein constitutes the ingredients required to constitute the offence under Section 377 of the Indian Penal Code and the same has been proved by the prosecution beyond reasonable doubt by way of evidence both oral and documentary evidence. The appellant is directed to surrender before the Trial Court within a week from the date of this order to serve out his sentence in default, Trial Court shall proceed in accordance with law."
Case: Mrs. Nidhi Kedia Nee Chokhani v Sri Abhyudaya Kedia
Citation: 2023 LiveLaw (Cal) 267
The Calcutta High Court recently upheld a decree of divorce granted by the trial court in favour of a husband, who claimed divorce on the grounds of 'cruelty' suffered by him at the hands of his wife.
In dismissing the appeal of the wife for restoration of marital rights, a division bench of Justice Rajasekhar Mantha and Justice Supratim Bhattacharya held:
The FIR lodged by the appellant/wife is in the nature of a counterblast as because the same has been filed after the initiation of the matrimonial suit for divorce. The acts of cruelty alleged by the husband against the wife have not been condoned by the former. This Court cannot also lose sight of the fact that elderly members of the husband's family stood discharged from the criminal proceeding having regard to the frivolity of the charges brought against them. It needs no iteration either that the parties are continuing with their corrosive and divergent courses without any whisper of reconciliation.
Case: Siddhi Vinayake Puja Committee & anr v State of WB & ors
Citation: 2023 LiveLaw (Cal) 270
The Calcutta High Court has directed the Asansol Durgapur Development Authority (“ADDA”) to grant permission to the petitioners to hold celebrations of Ganesh Puja between September 18-22 on a public ground, which was admittedly used for government functions and Durga Puja.
In holding that denial to host Ganesh Puja, while allowing celebrations of Durga Puja on the same grounds would violate the petitioner's fundamental rights under Article 14, a single-bench of Justice Sabyasachi Bhattacharya held,
If Durga Puja is allowed on the ground, which is also a festivity of Hindus, there is no reason why festivities of other religions or the same religion, be it of other idols, should not be allowed thereon. The differentia sought to be projected by the ADDA is not sufficiently intelligible to come within the purview of reasonable classification within the exceptions to Article 14 of the Constitution. More absurd is the equation of government programmes with Durga Pula festivities. If Durga Puja can be said to be on equal footing with other government programmes, there is no plausible reason why Ganesh Puja or some other performance of public religious or celebratory activity should not come within the purview of the same.
Case: Prashant Bothra and another Vs. Bureau of Immigration and others
Citation: 2023 LiveLaw (Cal) 272
The Calcutta High Court has observed that the mere paranoia of Authorities whenever a person against whom any allegations are levelled seeks to leave the country, cannot be sufficient grounds for issuance of a lookout circular (“LOC”), which curtails the individual's liberty to travel abroad.
Quashing the LOCs issued against the two petitioners, a single-bench of Justice Sabyasachi Bhattacharya held,
It has to be kept in mind that the high grounds which are required to be made out for restraining the personal liberty of a person as guaranteed under Article 21 of the Constitution and the right of a person to move within the country under Article 19, a necessary corollary of which is the right to travel abroad, have to be on a much elevated footing than mere pendency of an investigation or allegations of financial frauds against the concerned person. The mere paranoia of the authorities whenever a person against whom allegations are levelled seeks to leave the country cannot be sufficient for issuance of LOCs and curtailing the person's personal liberty to travel abroad.
Case: Samsuddin Sk. & Ors. Vs. State of West Bengal
Citation: 2023 LiveLaw (Cal) 273
The Calcutta High Court has upheld the conviction of four persons under Section 302 and 376(2)(g) of the IPC, for the rape and murder of a minor girl in 2004.
However, refusing to impose punishment of death penalty, a bench of Justices Joymalya Bagchi and Gaurang Kanth referred to Supreme Court's decision in Bachan Singh's case and held:
It is true the appellants have perpetrated the most brutal act of rape and murder of a minor child. The offence is a heinous one and needs strongest condemnation from society. However, nature and gravity of offence is not the only criteria on which imposition of death penalty depends…the Court must satisfy its conscience that the possibility of reformation and rehabilitation of the convict is completely ruled out and the sentence of life imprisonment is thereby rendered inadequate. Reports have been filed before us. All the reports show that their conduct in jail is satisfactory. In these circumstances after lapse of 17 years I do not find any justification to enhance the life sentences of the appellants to the extreme and irreversible sentence of death.
Case: Yeasin Molla & Ors. -Vs- Union of India & Ors.
Citation: 2023 LiveLaw (Cal) 278
The Calcutta High Court has directed the Central Government to take a policy decision regarding the fixation of price of Kerosene oil, widely used for cooking, which was classified as an essential commodity under the Essential Commodities Act.
The Court was hearing a plea filed in representative capacity by Bengal's ration-card holders challenging the “soaring price of kerosene under the Public Distribution System (“PDS”)”
Further directing the State to impose minimum rates of taxes on the selling price of kerosene which is bought by “poorest of poor citizens who need it to illuminate their homes and prepare their food,” a single-bench of Justice Bibek Chaudhuri held:
The oil companies cannot fix the price of kerosene in the manner on the basis of import party pricing. In the instant writ petition the court cannot fix selling price of kerosene oil. Therefore, it is disposed of directing the Central Government to adopt and take a policy decision for fixing the rate of subsidized price of kerosene oil for the consumers…[for] the poorest of the poor citizens of our country who really need kerosene oil to illuminate their homes and prepare their food burning cow dung, coal etc with the help of kerosene oil.
Case: Sahim Hossain & Ors. Vs. The State of West Bengal & Ors. and connected applications
Citation: 2023 LiveLaw (Cal) 281
The Calcutta High Court held that candidates under 'reserved categories' could be considered for vacancies against 'unreserved' seats even if they had opted to avail for fees and age relaxations statutorily available to them, as members of reserved categories.
A division bench of Justice Debangshu Basak and Justice Md Shabbar Rashidi while quashing an order of the WB Administrative Tribunal (“WBAT”) held,
Relaxation in age and fees cannot be construed to be obtaining a benefit in the course for ascertainment of merit of a candidate. It is merely an enabling provision to enable designated section of the society, an opportunity to complete. Facilitating a designated section of the society to partake in a selection process cannot be equated to grant of privilege during ascertainment of merit in the selection process. [It] does not mean that any advantage has been granted to the reserved category candidates so as to disentitle them to be considered in unreserved category in accordance with merit.
Case: Pravash Dalui And Ors Vs State Of West Bengal And Ors
Citation: 2023 LiveLaw (Cal) 300
The Calcutta High Court has allowed a writ petition moved by reserved category candidates in the WB Police Constable Recruitment 2019, whose names were excluded in a revised merit list that was published in 2022 pursuant to the impugned judgment by the WB State Administrative Tribunal (“SAT”).
The Bench restored the original merit list that quashed by SAT, in which reserved candidates who received marks equal to or more than general candidates, were treated as general category candidates.
In setting aside the decision of the SAT, and holding that the merit list published in 2021 was in accordance with the provisions of the various State Acts, a division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya cancelled the appointments made pursuant to the 2022 merit list
62. Must Be Wary Of Unnecessary Judicial Interference At Every Stage Of Arbitral Process: Calcutta HC Upholds Arbitral Award In Favor Of Reliance Infra
Citation: 2023 LiveLaw (Cal) 306
Case: Damodar Valley Corporation v Reliance Infrastructure Limited
In a landmark 255-page judgement, the Calcutta High Court has upheld an arbitral award in favor of Reliance Infrastructure (“RIL”), arising out of a deal struck with the Damodar Valley Corporation (“DVC”) for construction of thermal power plants in Raghunathpur.
In upholding the award passed by a panel of three arbitrators, a single-bench of Justice Shekhar B Saraf noted that India is in dire need of Arbitration reform due to increased judicial interference at every stage.
Citation: 2023 LiveLaw (Cal) 310
Case: Bhola Naskar @ Bholanath Naskar Vs. State Of West Bengal
The Calcutta High Court has commuted the death sentence of some of those accused in the brutal gang-rape and murder of a 20-year-old girl in Kamduni, in June 2023. The Court further acquitted another accused who had also been sentenced to death by the trial court.
A division-bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta held:
Trial Court held the murder and rape was a pre-planned one. Victim had scoffed at the appellants. Hence, they brutally raped and murdered her. The Court noted the brutality of the offence by referring to the injuries in the private parts of the victim. Prior concert of the appellants to avenge on the purported snub by the victim has not been proved. The post-mortem report does not mention any internal injury on the abdominal part of the victim. No injury on the external pelvic part was noted and depth of the tear in the posterior fourchette, hymen and vaginal tissues is not noted…the injuries on the victim cannot be compared with the extensive and brutal injuries noted in Mukesh (2016) which was one of the prime considerations for upholding death sentence in that case.
Case: Suvendu Adhikari v Rajiva Sinha State Election Commissioner & connected applications
Citation: 2023 LiveLaw (Cal) 318
The Calcutta High Court has issued "Rule Nisi" in a contempt application against the West Bengal State Election Commission (“SEC”) for its “deliberate violation” of court orders during the recently concluded West Bengal Panchayat General Elections 2023.
Rule was issued in accordance with the Rule 19 of the Calcutta High Court Contempt of Court, Rules, 1975, for failing to comply with the Court's orders for deployment of central forces in the recently concluded Panchayat Elections, in “letter and spirit.”
Citation: 2023 LiveLaw (Cal) 321
Case: Dipali Mitra & Ors. V Coal India Limited & Ors.
The Calcutta High Court has found that the distinction between 'married' and 'unmarried' daughters for the purpose of compassionate appointment, as per Clause 9.3.3 of the National Coal Wages Agreement-VI is ultra vires and in violation of Article 14 and 15 of the Constitution.
In dismissing the plea of the petitioners for compassionate appointment the Court noted that the most important factor for seeking the same was dependency on the deceased employee, and financial exigency.
Citation: 2023 LiveLaw (Cal) 322
Case: Probhat Purkait @ Provat Vs. The State of West Bengal
The Calcutta High Court has exercised its jurisdiction under Article 226 of the Constitution, and Section 482 of the CrPC to set aside an impugned judgement and order of conviction against the appellant who had been sentenced to 20 years imprisonment on charges of kidnapping of a minor under IPC and aggravated penetrative sexual assault under POCSO Act.
In observing that the appellant, and victim were both adolescent residents of the same village, and had engaged in a consensual sexual relationship, a division bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen noted from the victim that she had voluntarily proceeded to the appellant's home to assume the role of his wife, and subsequently given birth to a child.
Citation: 2023 LiveLaw (Cal) 342
Case: New Kenilworth Hotel Private Limited and another v State of West Bengal and others
The Calcutta High Court has recently directed the West Bengal State Excise Department to refund a sum of approximately Rs 92 lakhs to the Kenilworth Hotel Private Limited, which were levied as excise fees for 'change in management' upon the death or retirement of a member.
In striking off the 'unconstitutional and discriminatory provisions' under the Excise Rules, which allowed for the levy of such fees from only private companies and not public companies, a single bench of Justice Moushumi Bhattacharya held:
The intention in the present case is to ensure the level-playing field guaranteed under Article 14 of the Constitution in terms of treating a Private Limited Company on an equal plane; specifically when the basis for creating a distinction for the required purpose is found to be absent. The sum of Rs. 64.50 lakhs which was paid and the further sum of Rs. 5.5 lakhs, which was paid subsequent to filing of the present writ petition, aggregates to Rs. 70 lakhs.
Case Title: UNIVERSAL CABLES LIMITED vs. ARVIND KUMAR NEWAR AND ORS.
Citation: 2023 LiveLaw (Cal) 346
The Calcutta High Court ruled in favour of Harsh Vardhan Lodha continuing as chairman of MP Birla Group and reportedly barred the administrators of Priyamvada Devi Birla's Estate from interfering with day-to-day operations of companies.
More than 3 years after a Single Judge of the Calcutta High Court had passed an order directing removal of MP Birla Group Chairman, H.V. Lodha from the positions he held in the various Companies, Trusts and Societies of the M.P. Birla Group on the basis of a concept of “extended Estate” of Priyamvada Devi Birla, a Division Bench granted major relief to the Lodhas by unequivocally determining that a Testamentary (Probate) Court cannot get into the domain of Companies, Trusts and Societies, its functioning or management.
Citation: 2023 LiveLaw (Cal) 352
Case: B. M. Birla Heart Research Centre v State of West Bengal & Ors
The Calcutta High Court has recently held that issues of medical negligence cannot be adjudicated by the West Bengal Clinical Establishment Regulatory Commission (WBCERC).
In allowing an appeal by the BM Birla Heart Research Centre, and setting aside an order of a single bench directing the appellant to deposit an amount of Rs 15 lakhs out of a total cost of 20 lakhs imposed on it by the WBCERC for "deficiency in service and negligence in diagnosis", a division bench of Justice Arijit Banerjee & Justice Apurba Sinha Ray held:
The negligence in detection of diseases and the allegation of not giving proper medicines to the patient and further improper diagnosis of the diseases are all matters or issues of medical negligence. Therefore, the said issues cannot be adjudicated by the Commission. There was no sufficient material on record to hold, that delay, if any, was caused only because of the clinical establishment and not from the side of the patient party. There is no material to show how the patient party was misguided by the clinical establishment.
Citation: 2023 LiveLaw (Cal) 353
Case: Sri Ranajit Mondal v The State of West Bengal & Ors.
Any social boycott of a citizen or his family member has to be dealt with strictly by the Administration. This has no place in a civilized society, the Calcutta High Court vacation bench observed in a case wherein a man and his family had been boycotted by their neighbourhood because they objected to, and obtained an interim order of injunction against a temple being constructed by the respondents illegally in front of their property.
A single bench of Justice Jay Sengupta took exception to the social boycott imposed on the petitioners by the local residents and said: the Police authorities are directed to keep a sharp vigil at the locale, ensure that no breach of peace takes place and no order of a Civil Court is violated. Surveillance shall include frequent visits to the area by police patrol.