Calcutta High Court Monthly Digest: February 2025

NOMINAL INDEXChaitali Roy (Mandal) v. State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 21ASSOCITATION FOR PROTECTION OF DEMOCRATIC RIGHTS(APDR) AND ANR VS STATE OF WEST BENGAL AND ORS Citation: 2025 LiveLaw (Cal) 22Dilip Kumar Choudhury & Ors. v. The Regional Provident Fund Commissioner, Durgapur, EPFO & Ors. Citation: 2025 LiveLaw (Cal) 23THE DIRECTOR GENERAL, NATIONAL LIBRARY, MINISTRY OF CULTURE, GOVERNMENT OF INDIA VS EXPRESSION 360 SERVICES INDIA PRIVATE LIMITED (NOW KNOWN AS EXPRESSION AD AGENCY PVT. LTD.) Citation: 2025 LiveLaw (Cal) 24CENTRAL BUREAU OF INVESTIGATION VS SANJAY ROY Citation: 2025 LiveLaw (Cal) 26 X vs Y Citation: 2025 LiveLaw (Cal) 27In Re : Putul Ghosh Citation: 2025 LiveLaw (Cal) 28Principal Commissioner Of Income Tax 13 Kolkata Vs Champalal Omprakash Citation: 2025 LiveLaw (Cal) 29Mr. Shuvendra Mullick -Vs- Mr. Indranil Mullick and others Citation: 2025 LiveLaw (Cal) 30X v Y Citation: 2025 LiveLaw (Cal) 31Dipak Mishra Vs. The State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 32Haldibari Tea Manufacturers LLP & Anr. Versus Mahindra Tubes Limited & Ors. Citation: 2025 LiveLaw (Cal) 33Shri Debasish Choudhury -versus- The State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 34In Re : Narayan Dey & Ors. Citation: 2025 LiveLaw (Cal) 35Madusree Ghosh & Anr. Vs. The state of West Bengal and another Citation: 2025 LiveLaw (Cal) 36KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY VS. SOUTH CITY PROJECTS (KOLKATA) & ANR. Citation: 2025 LiveLaw (Cal) 37Delwar Sk. @ Delwar Seikh Vs. The State of West Bengal Citation: 2025 LiveLaw (Cal) 38Kalpataru Projects International Limited vs. Bharat Heavy Electrical Limited (BHEL) Citation: 2025 LiveLaw (Cal) 39M/s. Stesalit Limited Vs Union of India & Ors. Citation: 2025 LiveLaw (Cal) 40Sourav Paul Versus State of West Bengal & Another Citation: 2025 LiveLaw (Cal) 41ORDERS/JUDGEMENTSCompassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HCCase Name : Chaitali Roy (Mandal) v. State of West Bengal & Ors.Citation: 2025 LiveLaw (Cal) 21A single judge bench of the Calcutta High Court comprising of Hiranmay Bhattacharyya, J. held that the compassionate appointments cannot be granted to posts under Urban Local Bodies in the absence of a specific policy governing such appointments.It was observed by the court that there was absence of a governing policy for Urban Local Bodies in State of West Bengal.It was further observed by the court that the Director of Local Bodies was correct in rejecting the petitioner's application based on the absence of a policy for compassionate appointments applicable to municipal employees. Therefore, the order of the Director of Local Bodies was upheld by the court.Calcutta HC Directs Fresh Probe Into Custodial Death Of Four Undertrial Prisoners, Orders Action Against Non-Use Of CCTV In Police StationsCase: ASSOCITATION FOR PROTECTION OF DEMOCRATIC RIGHTS(APDR) AND ANR VS STATE OF WEST BENGAL AND ORSCitation: 2025 LiveLaw (Cal) 22The Calcutta High Court on Thursday scrapped a final report by the West Bengal CID into the death of four undertrial prisoners at the Baruipur Correctional Home. The CID in its report had submitted that the prisoners had died due to their drug use and that there was no evidence of custodial torture.In going through the post-mortem report, a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya noticed that the pattern of injuries on all four of the deceased was similar and that their death could not have been caused due to drug use.Provident Fund's “Reserve & Surplus” Amount Transferred To Statutory Fund, Employees Can't Claim It Separately From Provident Fund Dues : Calcutta HCCase : Dilip Kumar Choudhury & Ors. v. The Regional Provident Fund Commissioner, Durgapur, EPFO & Ors.Citation: 2025 LiveLaw (Cal) 23The Calcutta High Court bench comprising of Justice Shampa Dutt (Paul) held that once a provident fund trust is dissolved and its funds are transferred to the statutory Provident Fund, employees cannot claim a separate share from the “Reserve & Surplus” fund after receiving their full dues.Govt Authority Must Furnish Security Before Getting Stay On Award U/S 36(3) Of A&C Act, No Special Treatment Can Be Given: Calcutta High CourtCase:THE DIRECTOR GENERAL, NATIONAL LIBRARY, MINISTRY OF CULTURE, GOVERNMENT OF INDIA VS EXPRESSION 360 SERVICES INDIA PRIVATE LIMITED (NOW KNOWN AS EXPRESSION AD AGENCY PVT. LTD.)Citation: 2025 LiveLaw (Cal) 24The Calcutta High Court bench of Justice Shampa Sarkar has held that special treatment cannot be given to the government while hearing a petition seeking stay on the enforcement of the award under section 36(3) of the Arbitration Act. Every petitioner including the government will have to furnish security or deposit the awarded amount before a stay on the enforcement of the award can be granted. Calcutta High Court Declines Plea Seeking Extension Of Time For Trial Against...

Calcutta High Court Monthly Digest: February 2025

Srinjoy Das