Calcutta High Court
Deity's Title Cannot Be Defeated By Adverse Possession Claims Against 'Sebait'/Manager: Calcutta High Court
The Calcutta High Court has reaffirmed that debutter property vested in a deity enjoys strong legal protection and that a plea of adverse possession cannot succeed unless hostile title is clearly asserted against the deity as the true owner. Dismissing a second appeal in a decades-old property dispute, Justice Sugato Majumdar held that permissive occupation of a tank dedicated to a deity...
Calcutta High Court Refuses Probate Of 2001 Will, Cites Contradictory Witness Testimony; Due Execution Not Proved Under Succession Act
The Calcutta High Court has refused to grant probate of a 2001 Will in a contentious family dispute, holding that the propounder failed to prove its due execution in the manner mandated under Section 63 of the Indian Succession Act and Section 68 of the Evidence Act. Delivering judgment in a testamentary suit, Justice Sugato Majumdar observed that when suspicious circumstances surround...
Blacklisting Contractor Has Civil Consequences, Mandatory Debarment Procedure Can't Be Bypassed: Calcutta High Court
Observing that blacklisting of a contractor has serious civil consequences and must strictly follow the prescribed statutory procedure, the Calcutta High Court set aside a six-month debarment imposed by a Panchayat Samiti, holding that the action was taken in breach of both the Standard Bid Document and principles of natural justice. Justice Kausik Chanda ruled that the multi-stage mechanism...
“Sending Appellant To Jail After 42 Years Not Expedient”: Calcutta High Court Releases Essential Commodities Act Convict On Probation
Holding that sending a man to jail more than four decades after the alleged offence would serve no meaningful purpose, the Calcutta High Court released an Essential Commodities Act convict on probation while upholding his conviction. Justice Ananya Bandyopadhyay observed that requiring the appellant to undergo imprisonment at this stage, nearly 42 years after the incident, would not...
Family Property Dispute Given Criminal Colour: Calcutta High Court Quashes Defamation, Intimidation Case Against Cousin
Observing that criminal law cannot be used as a pressure tactic in what is essentially a family property dispute, the Calcutta High Court has quashed defamation, insult and intimidation proceedings initiated against a private company executive, holding that the complaint did not disclose the basic ingredients of offences under the IPC. Justice Chaitali Chatterjee Das held that the...
Tenant Cannot Evade Eviction By Avoiding Notice; 'Not Claimed' Postal Endorsement Deemed Valid Service: Calcutta High Court
The Calcutta High Court has upheld concurrent eviction decrees passed in favour of a landlord, reiterating that a registered ejectment notice returned with the postal endorsement “not claimed” amounts to valid service, and that a reasonably foreseeable future requirement of the landlord constitutes bona fide need under the rent control law.Dismissing the second appeal, Justice Sugato...
Medical Trainees Not 'Employees' Under EPF Act: Calcutta High Court Upholds Tribunal Order, Quashes PF Demand
The Calcutta High Court has upheld an order of the Employees Provident Fund Appellate Tribunal setting aside provident fund dues assessed against a private company, ruling that trainee medical representatives engaged as apprentices under the Model Standing Orders cannot be treated as “employees” for the purpose of provident fund contributions under the EPF Act.Justice Shampa Dutt dismissed...
Relatives Can't Be Put To Trial On 'General Abuse' Claims Alone: Calcutta High Court Partly Quashes Matrimonial Cruelty Case U/S 498A IPC
The Calcutta High Court has partly quashed criminal proceedings in a matrimonial cruelty case, drawing a clear line between specific allegations against a spouse and vague, omnibus accusations against extended family members, and reiterating that courts must prevent the criminal process from being used for “wholesale implication” of relatives.Justice Uday Kumar was hearing a petition...
“Criminal Liability Cannot Flow From Designation Alone”: Calcutta High Court Quashes MGNREGS Misappropriation Case Against Officer
The Calcutta High Court has quashed criminal proceedings against a Skilled Technical Person implicated in an alleged MGNREGS fund misappropriation case, holding that “entrustment is the lifeblood of an offence under Section 409 IPC” and that criminal liability cannot be fastened merely on the basis of official designation without proof of dominion over funds or a document-linked...
Delay In FIR Not Fatal In Motor Accident Claims; Insurer Can't Seek 'Pay & Recovery' Without Proving Policy Breach: Calcutta High Court
Observing that families of accident victims are naturally preoccupied with treatment, death and last rites rather than immediately approaching the police, the Calcutta High Court held that mere delay in lodging an FIR cannot defeat a genuine motor accident compensation claim. The Court further ruled that an insurer cannot escape liability or seek “pay and recovery” unless it strictly...
Transfer To Commercial Court Doesn't Bar Additional Written Statement Or Counterclaim If Leave Granted Under CPC: Calcutta High Court
Holding that the Code of Civil Procedure does not prohibit a defendant from filing an additional written statement or counterclaim with the leave of the court even after an earlier written statement has been submitted, the Calcutta High Court refused to interfere with an order of the Commercial Court accepting a fresh written statement along with a counterclaim after transfer of the suit....