Calcutta High Court Weekly Round-Up: 25th November To 1st December, 2024

NOMINAL INDEX

Santanu Banerjee v/s Enforcement Directorate Citation: 2024 LiveLaw (Cal) 256

Tata Steel Limited (Hooghly Met Coke Division) Haldia Contractors' Mazdoor Sangh and Another Vs. State of West Bengal and Ors. Citation: 2024 LiveLaw (Cal) 257

Sri Barun Mukherjee and Another Versus National Insurance Company Limited & Others Citation: 2024 LiveLaw (Cal) 258

Smt. Sunita Das Versus State of West Bengal & Another Citation: 2024 LiveLaw (Cal) 259

ORDERS/JUDGEMENTS

Calcutta High Court Grants Bail To Suspended TMC Youth Vice-President In Recruitment Scam Case

Case: Santanu Banerjee v/s Enforcement Directorate

Citation: 2024 LiveLaw (Cal) 256

The Calcutta High Court has granted bail to former Trinamool Congress youth leader Santanu Banerjee, who was being investigated by the Enforcement Directorate in the multi-crore cash for jobs recruitment scam.

Banerjee was one of the many key figures who were arrested by the ED in connection with the scam.

In an order granting him bail, subject to stringent conditions, Justice Suvra Ghosh held:

"It is not in dispute that he is a first-time offender and has not been convicted of any offence earlier. Keeping in view the voluminous evidence to be considered by the learned Trial Court, chance of conclusion of trial within the time frame for incarceration during trial laid down in section 479 is bleak. Rejecting the prayer of the petitioner at this stage and granting him liberty to renew his prayer upon completion of the said time frame shall serve no purpose at all."

"Administrative High-Handedness": Calcutta High Court Sets Aside State's Move To Regulate Appointments To Private Industries

Case: Tata Steel Limited (Hooghly Met Coke Division) Haldia Contractors' Mazdoor Sangh and Another Vs. State of West Bengal and Ors.

Citation: 2024 LiveLaw (Cal) 257

The Calcutta High Court has quashed a notification by the State of West Bengal through which the state government sought to regulate employment of persons to private industrial establishments.

Justice Ravi Kishan Kapur held: "Any restriction on a trade or business is unreasonable if it is arbitrary or drastic and has no relation to, or goes much more than, the objective of the law which seeks to impose it. The object of Article 19(1)(g) is that the freedom of carrying on a profession should be enjoyed by the citizen to the fullest possible extent without putting “shackles” of avoidable cobwebs of Rules and Regulations putting restrictions in the enjoyment of such freedoms."

[Motor Accidents] Non-Validity Of Driver's License Violates T&C Of Insurance Policy By Owner Of Offending Vehicle: Calcutta High Court

Case: Sri Barun Mukherjee and Another Versus National Insurance Company Limited & Others

Citation: 2024 LiveLaw (Cal) 258

The Calcutta High Court has held that when a driver's license is invalid on the day of an accident, then it would be a violation of the terms and conditions of the insurance agreement by the owner of the offending vehicle, who allowed the driver to drive the vehicle without a valid license.

Justice Ajay Kumar Gupta held: "Furthermore, when the driving licence is not valid on the date of accident, it constitutes a violation of the terms and conditions of the insurance policy by the owner of the offending vehicle by allowing such driver to drive the vehicle without valid licence."-

Strict Proof Of Marriage Not Required To Claim Maintenance When Couple Have Been Living As Husband & Wife For Long Time: Calcutta HC

Case: Smt. Sunita Das Versus State of West Bengal & Another

Citation: 2024 LiveLaw (Cal) 259

The Calcutta High Court has held that strict proof of marriage is not required while claiming maintenance under section 125 CrPC for a couple who had been living as husband and wife for a prolonged period of time.

Justice Ajay Kumar Gupta held: "Where a man and woman have been living together as husband and wife for a reasonable long period of time, strict proof of marriage should not be a pre-condition for maintenance under Section 125 of the Code of Criminal Procedure, 1973. In proceedings under Section 125 of the Code of Criminal Procedure, 1973 strict proof of marriage is not required. Wife has to prove prima facie case of marriage so as to fulfil the true spirit and essence of the beneficial provision of the maintenance under Section 125 of the Code of Criminal Procedure, 1973."