[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. Justice Shampa (Dutt) Paul found that the complainant had gotten into a physical relationship with the accused in 2013, and continued it till 2018, after which she filed a complaint in 2020. The court said:From the said materials, in the case diary, this...

State Not Entitled To Recover Excess Amount Paid To Retired Officer Due To Mistake On State's Part : Calcutta High Court

The division bench in the Calcutta High Court, comprising Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta held that the state is not entitled to recover excess amount paid to a retired officer if that amount was paid to the employee due to mistake on the state's part. Background facts of the case The petitioner was originally in the Indian Air force (IAF). Later, he retired...

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa (Dutt) Paul held: The allegations in both the cases arise out of...

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

NOMINAL INDEXAyan Sil v/s. Enforcement Directorate Kolkata Zonal Office-II Citation: 2024 LiveLaw (Cal) 261LOB DAS VS. THE STATE OF WEST BENGAL & ANOTHER Citation: 2024 LiveLaw (Cal) 262DR. SWAPAN DASGUPTA AND ANR VS STATE OF WEST BENGAL AND ORS Citation: 2024 LiveLaw (Cal) 263MR. PROJAY SINGHA ROY VS RAJASTHAN FERTILIZERS & CHEMICAL CORPORATION LIMITED Citation: 2024 LiveLaw...

Calcutta High Court Monthly Digest: November 2024

NOMINAL INDEXSMT SONIA DHIR AND ANR. VS PRESTAR INFRASTRUCTURE PROJECTS LIMITED Citation: 2024 LiveLaw (Cal) 229ASHUNATH BHATTACHARJEE VS STATE OF WEST BENGAL Citation: 2024 LiveLaw (Cal) 230STATE OF WEST BENGAL AND ORS VS REBEKA KHATUN MOLLA ALIAS REBEKA MOLLA AND ORS Citation: 2024 LiveLaw (Cal) 231Gautam Ray Vs. State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 232Bally...

Basic Purpose Of Order XVIII Rule 17 Of CPC Is To Enable Court To Clarify Position, Not To Fill Lacuna In Evidence: Calcutta High Court

Justice Sugato Majumdar of the High Court at Calcutta, while dismissing an application under Order XVIII Rule 17 read with Section 151 of CPC, 1908, ruled “Unexplained lethargy and long delay in production of document which is otherwise available cannot be cured at this belated stage. Therefore, it is not a fit case where the instant application should be allowed.”The judgment emanates from...

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an order passed under section 11 of the Arbitration Act on the basis of an arbitration clause cannot be recalled merely on the ground that reply given to a notice under section 21 was suppressed. Brief Facts The present application has been filed seeking recall of an order dated August 30, 2024 passed...

Drunk Driving Not Merely 'Reckless', S.304(II) IPC Must Be Added In Accidents Involving Drunk Drivers: Calcutta High Court Remarks

The Calcutta High Court on Monday stressed upon state advocates that in all cases of drinking and driving, where an accident had occurred, the state must add Section 304(II) IPC (culpable homicide not amounting to murder) as a charge against the accused, instead of Section 304(I) for merely reckless driving.Justice Tirthankar Ghosh stated: "Normal reckless driving S,304(I) is okay....SC...

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. The alleged victims were from countries such as the US, UK, Germany, Australia, etc.Justice Suvra Ghosh held: The charge sheet of the scheduled offence...

Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra

The Calcutta High Court has granted bail to recruitment scam accused Sujay Krishna Bhadra. Bhadra's firm was linked with transfer of proceeds of crime to M/S Leaps & Bounds Pvt Ltd, a company linked with AITC MP Abhishek Banerjee.Justice Suvra Ghosh granted bail and held: The case essentially hinges on the statement of the petitioner and the co-accused and recovery made pursuant to the...

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

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. Background Facts The...

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

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. Background Facts The employee (Respondent) retired as a headmaster from the school on June 30, 2017....