Calcutta High Court
'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...
Calcutta High Court Sets Aside Rejection Of Life Convict's Premature Release; Says Trial Court's Opinion U/S 432 CrPC Must Be Reasoned
The Calcutta High Court has held that while the State Government must obtain the opinion of the presiding judge of the convicting or confirming court before deciding a life convict's application for remission or premature release under Section 432(2) of the Code of Criminal Procedure, such opinion must be reasoned, informed and based on relevant factors, and cannot be mechanically accepted...
'Seizure Witness Turning Hostile, Conflicting Test Reports Create Doubt': Calcutta HC Acquits Man In 25-Yr-Old Mustard Oil Adulteration Case
The Calcutta High Court has set aside the conviction of a mustard oil mill co-owner in a decades-old food adulteration case, holding that doubtful seizure proceedings and inconsistent laboratory reports strike at the root of the prosecution's case and make conviction unsafe. The Court reiterated that when material discrepancies arise in expert evidence and seizure is not properly proved,...
'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...