Calcutta High Court Weekly Round-Up: 2nd December To 8th December, 2024

NOMINAL INDEX

Ayan Sil v/s. Enforcement Directorate Kolkata Zonal Office-II Citation: 2024 LiveLaw (Cal) 261

LOB DAS VS. THE STATE OF WEST BENGAL & ANOTHER Citation: 2024 LiveLaw (Cal) 262

DR. SWAPAN DASGUPTA AND ANR VS STATE OF WEST BENGAL AND ORS Citation: 2024 LiveLaw (Cal) 263

MR. PROJAY SINGHA ROY VS RAJASTHAN FERTILIZERS & CHEMICAL CORPORATION LIMITED Citation: 2024 LiveLaw (Cal) 264

MADHUMITA BIBI VS THE STATE OF WEST BENGAL AND ORS. Citation: 2024 LiveLaw (Cal) 265

SADHAN DALUI & ORS. VS. UNION OF INDIA Citation: 2024 LiveLaw (Cal) 266

Sujay Krishna Bhadra v/s. Enforcement Directorate Kolkata Zonal Office-II Citation: 2024 LiveLaw (Cal) 267

The State of West Bengal & Anr. -Versus Sri Kali Sadhan Bhattacharjee @ Bhattacharyya & Ors. Citation: 2024 LiveLaw (Cal) 268

Dulal Chandra Barman -Versus- The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 269

ORDERS/JUDGEMENTS

Calcutta High Court Grants Bail To Former TMC Aide Ayan Sil In Recruitment Scam Case

Case: Ayan Sil v/s. Enforcement Directorate Kolkata Zonal Office-II

Citation: 2024 LiveLaw (Cal) 261

The Calcutta High Court has granted bail to former TMC leader Santanu Banerjee's aide Ayan Sil in connection with the infamous cash-for-jobs recruitment scam, in which high ranking Trinamool Congress leaders were being probed by the ED and CBI.

Justice Suvra Ghosh while allowing Sil's bail plea noted that many similarly placed accused, including Banerjee himself had also been granted bail by the High Court, and that there was no scope for the trial to commence in the foreseeable future.

"The E.D. intends to rely upon voluminous evidence including 182 statements, 210 documents spanning over 20,000 pages and examine 167 witnesses to substantiate their case. The case is primarily based on documentary evidence which is in custody of the E.D. and there is no scope for the petitioner to tamper with the same. To address the apprehension of the petitioner influencing witnesses of the case, stringent conditions may be imposed upon him while releasing him on bail. It is not in dispute that the petitioner is not at flight risk," the Court held.

Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court

Case: LOB DAS VS. THE STATE OF WEST BENGAL & ANOTHER.

Citation: 2024 LiveLaw (Cal) 262

The Calcutta High Court has allowed an accused in a rape case to undergo a paternity test in order to prove his claim that he had "non-access" to the alleged victim who claimed to have been raped by him and subsequently become pregnant.

Justice Shampa (Dutt) Paul relied on the Supreme Court case of Dipanwita Roy vs. Ronobroto Roy and held:

"In the present case, there is admittedly no marriage between the parties. The victim girl claims the child to be that of the petitioner. On the other hand, the petitioner denying the paternity of the child has claimed non access to the relationship. Thus, when “non-access” is claimed in such a relationship, it is the right of the accused to have the same proved by way of evidence available/possible."

"Public Property Or Public Servants Should Not Be Attacked During Protests On Bangladesh Issue": Calcutta High Court Warns Organisers

Case: DR. SWAPAN DASGUPTA AND ANR VS STATE OF WEST BENGAL AND ORS

Citation: 2024 LiveLaw (Cal) 263 

The Calcutta High Court on Tuesday allowed permission for a rally to go ahead in Kolkata, protesting against the alleged atrocities taking place against Hindus in Bangladesh on 5th December.

While granting permission for the rally, Justice Tirthankar Ghosh orally warned the petitioners' counsel that no vandalism or attacks should take place against public property or public servants at the protests. The judge stated that in case there was any outbreak of violence, the court would henceforth impose a bond condition before allowing permission for such rallies.

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

Case: MR. PROJAY SINGHA ROY VS RAJASTHAN FERTILIZERS & CHEMICAL CORPORATION LIMITED

Citation: 2024 LiveLaw (Cal) 264

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 the contemnors in GA/2/2022. Enforcement of an undertaking given by a litigant would continue notwithstanding disposal of a matter till the undertaking is discharged.”

The judgment emanates from a long and protracted eviction proceeding from a prime commercial location at the heart of Kolkata – R.N.Mukherjee Road for an office space of 2400 sq. ft. In view of the default in rent, an eviction notice under section 106 of the Transfer of Property Act, 1882 (as amended) was issued which led to the Suit for eviction and mesne profits.

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

Case: MADHUMITA BIBI VS THE STATE OF WEST BENGAL AND ORS.

Citation: 2024 LiveLaw (Cal) 265

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 a cooperative society. The petitioner claimed that when they discovered the documents which pointed to the embezzlement, she was assaulted.

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

Case: SADHAN DALUI & ORS. VS. UNION OF INDIA

Citation: 2024 LiveLaw (Cal) 266

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 this was a bonafide passenger of the Indian Railways. The D.P. memo and its entries relating to the opinion of the M.O., injuries noted in the P.M. Report of O/C Bantra and the FIR of the U.D. Case all show that the death of the victim was due to accidental falling from a train carrying passengers.

The findings of the tribunal at page 5 of the Judgment as to the ticket is totally in contradiction to findings noted in Para 1 and 2 of the judgment wherein the ticket produced was accepted by the Hon'ble member (Technical)...Thus the order under appeal passed by the Hon'ble Member Technical of the Railway Claims Tribunal, Calcutta Bench at Kolkata dated 06.10.2010 in claim application no. /699/2002 under Section 124(A) of the Railways Act, 1989, being not in accordance with law is set aside, she added.

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

Case: The State of West Bengal & Anr. -Versus Sri Kali Sadhan Bhattacharjee @ Bhattacharyya & Ors.  

Citation: 2024 LiveLaw (Cal) 268

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.

The employee (Respondent) retired as a headmaster from the school on June 30, 2017. His school was upgraded from a 10-class high school to a 10+2 higher secondary school on July 1, 2102. The Additional District Inspector of Schools fixed his salary after the upgrade. It was fixed as per the memo issued from the Director of Accounts, School Education Department, Government of West Bengal. The employee's pay was fixed with an increment of 3% of the basic pay and additional grade pay of ₹200, which continued till his retirement.

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

Case: Dulal Chandra Barman -Versus- The State of West Bengal & Ors.

Citation: 2024 LiveLaw (Cal) 269

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.

The petitioner worked on the post of Headmaster in Barhat Sambhunath Banipith High School, Purba Medinipur. Before joining this school, he worked in two different schools, namely Krishnapur Adarsha Vidyamandir and Mahishadal Raj High School.