Calcutta High Court Monthly Digest: November 2024

NOMINAL INDEXSMT SONIA DHIR AND ANR. VS PRESTAR INFRASTRUCTURE PROJECTS LIMITED Citation: 2024 LiveLaw (Cal) 229ASHUNATH BHATTACHARJEE VS STATE OF WEST BENGAL Citation: 2024 LiveLaw (Cal) 230STATE OF WEST BENGAL AND ORS VS REBEKA KHATUN MOLLA ALIAS REBEKA MOLLA AND ORS Citation: 2024 LiveLaw (Cal) 231Gautam Ray Vs. State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 232Bally...

Basic Purpose Of Order XVIII Rule 17 Of CPC Is To Enable Court To Clarify Position, Not To Fill Lacuna In Evidence: Calcutta High Court

Justice Sugato Majumdar of the High Court at Calcutta, while dismissing an application under Order XVIII Rule 17 read with Section 151 of CPC, 1908, ruled “Unexplained lethargy and long delay in production of document which is otherwise available cannot be cured at this belated stage. Therefore, it is not a fit case where the instant application should be allowed.”The judgment emanates from...

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an order passed under section 11 of the Arbitration Act on the basis of an arbitration clause cannot be recalled merely on the ground that reply given to a notice under section 21 was suppressed. Brief Facts The present application has been filed seeking recall of an order dated August 30, 2024 passed...

Drunk Driving Not Merely 'Reckless', S.304(II) IPC Must Be Added In Accidents Involving Drunk Drivers: Calcutta High Court Remarks

The Calcutta High Court on Monday stressed upon state advocates that in all cases of drinking and driving, where an accident had occurred, the state must add Section 304(II) IPC (culpable homicide not amounting to murder) as a charge against the accused, instead of Section 304(I) for merely reckless driving.Justice Tirthankar Ghosh stated: "Normal reckless driving S,304(I) is okay....SC...

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. The alleged victims were from countries such as the US, UK, Germany, Australia, etc.Justice Suvra Ghosh held: The charge sheet of the scheduled offence...

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra

The Calcutta High Court has granted bail to recruitment scam accused Sujay Krishna Bhadra. Bhadra's firm was linked with transfer of proceeds of crime to M/S Leaps & Bounds Pvt Ltd, a company linked with AITC MP Abhishek Banerjee.Justice Suvra Ghosh granted bail and held: The case essentially hinges on the statement of the petitioner and the co-accused and recovery made pursuant to the...

Pendency Of Dispute Regarding Excess Payment Does Not Bar Release Of Retiral Benefits In Timely Manner: Calcutta HC

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, Justice, while deciding a writ petition held that a retired government employee is entitled to receive retiral benefits (including pension) in a timely manner, even when there is a pending dispute regarding alleged excess salary drawn during the service period. Background Facts The...

Recovery Of Excess Payments Made To Retired Employee, Without Fraud Or Misrepresentation On Their Part, Is Impermissible : Calcutta High Court

A division bench of the Calcutta High Court comprising of Justice Harish Tandon and Justice Prasenjit Biswas, while deciding an appeal held that recovery of alleged excess payments made to a retired employee, without fraud or misrepresentation on their part, is impermissible. Background Facts The employee (Respondent) retired as a headmaster from the school on June 30, 2017....

"Municipality Cannot Infringe Civil Rights Of Persons For Purpose Of Levying Taxes": Calcutta High Court

The Calcutta High Court has orally remarked that municipalities cannot infringe on the civil rights of others in order to levy taxes for its purpose.Justice Tirthankar Ghosh was hearing a case where the petitioner claimed their home was being obstructed due to the construction of an advertisement hoarding by persons living in their building. Counsel for the state responded to the plea,...

Calcutta High Court Directs Payment Of Over ₹8 Lakhs To Kin Of Man Who Died After Falling From Moving Train 23 Yrs Ago

The Calcutta High Court has overturned the order of the railway tribunal and directed the payment of Rs 8 lakhs along with interest, to the kin of a man who died after falling from a moving train in 2001.Justice Shampa (Dutt) Paul held: The original ticket produced and the number of the ticket being the same as the number given in the claim application prima facie proves that the victim in...

Police Behaving Customarily, Not Adapting Themselves With Change Of Time: Calcutta High Court Emphasizes Need For Training To Cops

The Calcutta High Court on Wednesday emphasised the need for relevant training to be imparted to police officers. Justice Tirthankar Ghosh expressed surprise at the fact that police in the state were behaving in a "customary manner" and not adapting themselves with the changing times.The Court was dealing with a case of police inaction, brought by a litigant who claimed embezzlement of funds at...

Enforcement Of Litigant's Undertaking Continues Notwithstanding Disposal Of Matter Till Such Undertaking Is Discharged: Calcutta High Court

On 22.11.2024, a Division Bench of the High Court at Calcutta comprising of Justice Joymalya Bagchi and Justice Gaurang Kanth, while dismissing an appeal from a contempt petition filed against the partners of M/s Bengal Industrial Corporation by Rajasthan Fertilisers & Chemical Corporation Limited held “contempt proceeding has been instituted to enforce an undertaking given by...