Calcutta High Court
Failure Of Joint Real Estate Deal Due To Non-Performance Of Contract Is Civil Wrong, Not Criminal Offence: Calcutta High Court
Holding that the collapse of a joint real estate development arrangement cannot automatically attract criminal prosecution, the Calcutta High Court has ruled that disputes arising out of non-performance of contractual obligations are essentially civil in nature and cannot be given a “criminal colour” in the absence of dishonest intention from the very inception. Observing that...
Udan Yatri Café Only Outside Security Check: PIL In Calcutta High Court Challenges Placement Of Affordable Food Outlets At Airport
A Public Interest Litigation has been instituted before the Calcutta High Court questioning the effective implementation of the Government of India's Udan Yatri Café scheme at airports, particularly the absence of such affordable outlets inside post-security airside areas where passengers are required to wait prior to boarding. The matter is scheduled to be taken up as a new motion on 2...
Mere Possession Of Bank's Stationery By Employee Without Proof Of Prejudice Not Misconduct: Calcutta High Court
Holding that mere recovery of bank stamps, blank passbooks and letterheads from an employee's residence, without proof of any actual prejudice to the bank, cannot amount to “acts prejudicial to the interest of the bank”, the Calcutta High Court dismissed an intra-court appeal filed by Bank of Baroda and upheld reinstatement of a dismissed workman with full back wages.A Division Bench...
Calcutta High Court Grants Bail To Chemist In NDPS Case, Says Mere Seizure Of Codeine Cough Syrup Cannot Justify Prolonged Custody
The Calcutta High Court has granted bail to a senior citizen and licensed medical shop owner arrested under the Narcotic Drugs and Psychotropic Substances Act after recovery of codeine-based cough syrup and Tramadol capsules from his store, holding that mere seizure of such medicines, without material showing illegal procurement, illegal sale, or violation of any statutory ceiling on storage,...
No Writ Can Compel Police To Register FIR In Property Disputes; Remedy Under BNSS Must Be Exhausted: Calcutta High Court
The Calcutta High Court has reiterated that a writ of mandamus cannot be issued directing the police to register an FIR or initiate criminal proceedings, particularly in cases arising out of private land or property disputes, holding that aggrieved persons must first avail statutory remedies provided under criminal law before invoking writ jurisdiction.A Division Bench comprising Chief...
Civic Authority Can't Retrospectively Revalue Property Or Fasten Past Tax Dues On Auction Buyer: Calcutta High Court
The Calcutta High Court has held that municipal authorities cannot retrospectively revalue property or saddle an auction purchaser with property tax dues relating to a period when the purchaser was not the owner, particularly when the property formed part of liquidation proceedings.Allowing a writ petition against the Kolkata Municipal Corporation (KMC), Justice Rai Chattopadhyay ruled...
NCDRC Orders Can't Be Challenged Under Article 226 In Private Consumer Disputes, Article 227 Proper Remedy: Calcutta High Court
The Calcutta High Court has clarified that orders passed by the National Consumer Disputes Redressal Commission (NCDRC) cannot be routinely challenged through a writ petition under Article 226 of the Constitution when the dispute is purely between private parties, holding that the proper remedy in such cases lies under Article 227.Justice Om Narayan Rai ruled that although NCDRC orders...
Stipendiary Graduate Trainees Not 'Employees' Under EPF Act; PF Demand Unsustainable: Calcutta High Court
The Calcutta High Court has held that graduate trainees receiving only stipends cannot automatically be treated as “employees” for the purpose of provident fund contributions. At the same time, the Court upheld PF liability in respect of security personnel and fire-fighting staff directly engaged and paid by the principal establishment, observing that their wages clearly attracted...
'Mere Breach Of Promise To Marry After 5-Year Relationship Does Not Amount To Rape': Calcutta High Court Quashes Case Against Man
Holding that a prolonged consensual relationship between two adults cannot later be converted into a rape prosecution merely because the relationship soured or marriage did not materialise, the High Court at Calcutta has quashed criminal proceedings under Sections 417, 376, 313 and 506 IPC against a man accused of sexual assault and forced abortion on the pretext of marriage. The Court...
Pension Under Employer's Superannuation Trust Is 'Wages'; Resignation Doesn't Defeat Earned Pension Rights: Calcutta High Court
The High Court at Calcutta has held that pension payable under an employer's superannuation trust can fall within the definition of “wages” under the Payment of Wages Act, and that employees who resign after completing the prescribed years of qualifying service cannot be denied pension merely because they did not retire on superannuation. A Division Bench of Justices Lanusungkum Jamir and...
Senior Entitled To Stepping Up Of Pay If Junior In Same Cadre & Pay Scale Draws Higher Salary: Calcutta HC
A Division Bench of the Calcutta High Court comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that a senior government employee is entitled to stepping up of pay at par with a junior if both are in the same cadre, same post, and same pay scale, and the junior is drawing higher pay, and earlier higher pay in an ex-cadre post cannot justify permanent...
'Not Every Insult To SC/ST Member Is Atrocity': Calcutta High Court Quashes Case, Says Workplace Disputes Cannot Be Criminalised
The Calcutta High Court has held that professional disagreements, administrative disputes or alleged workplace humiliation cannot automatically attract offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act unless there is clear, caste-based insult or intimidation in public view. Quashing criminal proceedings against a Sanskrit professor, the Court observed...