Calcutta High Court
'Quashing Power Must Be Used Sparingly After Charges Framed': Calcutta High Court Refuses To Halt Trial In Outraging Modesty Case
The Calcutta High Court has refused to quash criminal proceedings against a man accused of stalking, assault, attempting to outrage a woman's modesty and criminal intimidation, observing that once charges have been framed and trial has progressed, the High Court must exercise its inherent powers under Section 482 CrPC with extreme caution and only in the “rarest of rare cases.” The Court...
'Just Compensation Must Reflect Real Earnings': Calcutta High Court Enhances Compensation To ₹69.1 Lakh In Fatal Road Accident Case
The Calcutta High Court has enhanced compensation payable to the family of a woman who died in a road accident to ₹69.10 lakh after reassessing her annual income and adding future prospects, while simultaneously reducing the interest rate from 7.5% to 6% per annum. The Court held that cash compensatory allowance forming part of the deceased's earnings ought to be reasonably factored into...
Blacklisting Is Civil Death, Cannot Be Imposed For Clerical Lapses: Calcutta High Court Quashes Eastern Railway's Debarment Of Leaseholder
The Calcutta High Court has set aside the Eastern Railway's decision cancelling a parcel leaseholder's registration, terminating his contracts, forfeiting deposits and debarring him for five years, holding that preparation of separate manifests for two unloading terminals does not amount to a “false declaration” or fraud in the absence of proof of mens rea or loss to the Railways. The...
'Criminal Law Cannot Be Used To Recover Business Dues': Calcutta High Court Quashes Cheating, Breach Of Trust Case
The Calcutta High Court has reiterated that mere non-payment of business dues or breach of contractual obligations cannot be dressed up as offences of cheating or criminal breach of trust, and that criminal proceedings cannot be used as a pressure tactic for recovery of money. Quashing an FIR against a small poultry feed trader, the Court held that in the absence of dishonest intention at...
Challenging ED's Provisional Attachment Becomes Academic After Statutory Confirmation; Parties Must Pursue PMLA Remedies: Calcutta High Court
The Calcutta High Court has held that once a provisional attachment under the Prevention of Money Laundering Act (PMLA) stands confirmed by the Adjudicating Authority and statutory appeals are pending before the Appellate Tribunal, a parallel writ challenge becomes academic and should not be entertained. Setting aside a Single Judge's order quashing the Enforcement Directorate's (ED)...
Banks Must Furnish Forensic Audit Report Before Calling Account 'Fraud'; Natural Justice Cannot Be Bypassed For Speed: Calcutta High Court
The Calcutta High Court has held that a bank cannot proceed to classify a borrower's account as “fraud” without first supplying the forensic audit report and the documents relied upon in the show cause notice, observing that principles of natural justice cannot be sacrificed in the name of expedition under the Reserve Bank of India's Master Directions. Justice Krishna Rao set aside...
Employee Cannot Be Restrained From Joining Rival After Resignation; Trade Secrets Protectable: Calcutta High Court
The Calcutta High Court has reiterated that a post-employment non-compete clause restraining an employee from joining a competitor after resignation is prima facie void under Section 27 of the Indian Contract Act, but clarified that confidentiality obligations and non-solicitation covenants aimed at protecting trade secrets and business interests remain enforceable.Holding that an employer...
Calcutta High Court Upholds Group-D Status For Polytechnic Hostel Workers, Refuses State's Challenge Against Regularisation Benefits
The Calcutta High Court has dismissed a batch of appeals filed by the State of West Bengal and the Director of Technical Education and Training challenging orders that granted permanent government employee status and full Group-D service benefits to hostel/mess employees working in Government and Sponsored Polytechnics.A Division Bench of Justice Tapabrata Chakraborty and Justice Partha...
Land Acquisition For Industrial Park Is 'Public Purpose', Not For Private Company; Subsequent Lease To Industry Valid: Calcutta High Court
Emphasising that land acquired for “employment generation and socio-economic development” cannot be invalidated merely because the implementing agency changes, the Calcutta High Court has held that acquisition for setting up an industrial park constitutes a clear “public purpose” under the Land Acquisition Act, 1894, and cannot be attacked as acquisition for a private company...
'After 20 Yrs, Sending Accused To Jail Serves No Purpose': Calcutta High Court Grants Probation In Assault Case
The Calcutta High Court has upheld the conviction of a man for voluntarily causing hurt in a 2005 assault case but extended the benefit of probation in view of the passage of time, observing that after two decades and absence of criminal antecedents, sending the accused to jail would serve little purpose. The Court modified the sentence and directed payment of bonds and compensation instead...
Partition Decree Becomes Executable Only After Stamp Duty Is Paid; Decree Holder Can Recover Amount From Co-Sharers: Calcutta High Court
The Calcutta High Court has held that a final decree in a partition suit cannot be fully executed unless it is duly engrossed on stamped paper upon payment of the requisite stamp duty, observing that compliance with the Stamp Act is a condition precedent for execution. At the same time, the Court clarified that to avoid delay in enforcement, the decree holder may deposit the entire stamp duty...
Contempt Court Cannot Grant Fresh Relief Beyond Original Order; Compliance With Direction Ends Contempt: Calcutta High Court
Observing that contempt jurisdiction is meant to secure compliance with court orders and not to grant fresh or additional reliefs, the Calcutta High Court has held that once authorities implement a writ direction to mutate names in land records, petitioners cannot seek further corrections such as change in the nature or character of the land through contempt proceedings. The Court emphasised...