Calcutta High Court Monthly Digest: March 2024 [Citations 60-78]

NOMINAL INDEXJanak Ram v State 2024 LiveLaw (Cal) 60SRMB Srijan Limited v Great Eastern Energy Corporation Limited 2024 LiveLaw (Cal) 61 ENFORCEMENT DIRECTORATE, KOLKATA ZONAL OFFICE I v STATE OF WEST BENGAL AND ORS 2024 LiveLaw (Cal) 62 Arpita Chowdhury v. Nabadwip Municipality & Anr 2024 LiveLaw (Cal) 63 Monoyara Begum v Union of India 2024 LiveLaw (Cal) 64Proactive Ship Management Private Limited. vs. The Owners and Parties Interested in the Vessel Green Ocean 2024 LiveLaw (Cal) 65 Commissioner Of Customs (Port), Kolkata Versus M/S. Sandeep Kumar Dikshit 2024 LiveLaw (Cal) 66 Adani Wilmar Limited and another Vs. The State of West Bengal and others 2024 LiveLaw (Cal) 67 PCIT vs ITC INFOTECH INDIA LIMITED 2024 LiveLaw (Cal) 68Everest Infra Energy Limited. Vs. Transmission (India) Engineers & Anr 2024 LiveLaw (Cal) 69 M/s. Mainak Engineering Private Limited vs Bihar Rural Livelihoods Promotion Society 2024 LiveLaw (Cal) 70 Praxair India Pvt. Ltd. vs Steel Authority of India Ltd. 2024 LiveLaw (Cal) 71 SRMB Srijan Limited vs Great Eastern Energy Corporation Limited 2024 LiveLaw (Cal) 72 The Secretary, E & NF Railway Junior Co-operative Credit Society Limited, Eastern Railway vs Sri Jyotish Chandra Sarkar & Anr. 2024 LiveLaw (Cal) 73Odisha Power Generation Corporation Limited Vs. M/s. Techniche Consulting Service and Others 2024 LiveLaw (Cal) 74 Dipanwita Das (Sarkar) Vs. Moloy Das 2024 LiveLaw (Cal) 75 Dr Pranat Tudu v State of West Bengal 2024 LiveLaw (Cal) 76 Reshmi Bhagat Vs. State of West Bengal and others 2024 LiveLaw (Cal) 77 Tree House Education And Accessories Ltd. Versus Holy Trust School 2024 LiveLaw (Cal) 78Addressing Unknown Lady As 'Darling' Is Patently Offensive, Amounts To Using Sexually Coloured Remark: Calcutta High CourtCitation: 2023 LiveLaw (Cal) 60Case: Janak Ram v StateThe Calcutta High Court's Circuit Bench at Port Blair has recently held that referring to an unknown lady as "darling" would be a criminal offence under Sections 354A and 509 of the Indian Penal Code (IPC).A single bench of Justice Jay Sengupta upheld the conviction of the accused who had referred to a lady constable as 'darling' in an inebriated condition. It said:Addressing an unknown lady, whether a police constable or not, on the street by a man, drunken or nor, with the word “darling” is patently offensive and the word used essentially a sexually coloured remark. using such expression to an unacquainted lady cannot but be an act intended to insult the modesty of the addressee. At least as of now, the prevailing standards in our society are not such that a man on the street can gleefully be permitted to use such expression in respect of unsuspecting, unacquainted women.Mere Silence Affecting Willingness Of Person To Enter Contract Not Fraud Unless It Amounts To Active Concealment: Calcutta HCCitation: 2024 LiveLaw (Cal) 61Case: SRMB Srijan Limited v Great Eastern Energy Corporation LimitedThe Calcutta High Court has recently held that the mere silence of a party affecting the willingness of a person to enter into a contract is not fraud unless the circumstances of the case are such that it is the duty of the person keeping silence to speak or unless the silence is in itself equivalent to speech.A single bench of Justice Moushumi Bhattacharya referred to Section 17(2) of the Indian Contract Act, and held:Fraud also takes within its fold active concealment of a fact by the party having knowledge of the fact or a promise made without the intention of performing it or any other act which is fitted to deceive. It is relevant that section 17(2) contemplates “active concealment” which points to deliberate non-disclosure with a pre-meditated intention to deceive the other party or induce him to enter into the contract.[Attack On ED In West Bengal] Calcutta HC Transfers Probe To CBI, Directs State To Immediately Handover Custody Of Shahjahan SheikhCitation: 2024 LiveLaw (Cal) 62Case: ENFORCEMENT DIRECTORATE, KOLKATA ZONAL OFFICE I v STATE OF WEST BENGAL AND ORSThe Calcutta High Court on Tuesday transferred an investigation to the Central Bureau of Investigation (CBI) pertaining to the assault on Enforcement Directorate (ED) officers who had gone to Sandeshkhali, West Bengal to raid the residence of ration-scam accused Shahjahan Sheikh.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya set aside an earlier order constituting an SIT with members of the state police and directed the State to forthwith transfer all papers concerning the matter to the CBI, as well as the custody of prime accused Shahjahan Sheikh. It held:It was made explicitly clear that the West Bengal State Police are restrained from proceeding with the investigation in the cases which have been registered by them. Despite such an order, the one case stood transferred to the CID, West Bengal who has issued notices dated 01.03.2024 under Section 91 and Section 160 CrPC. Thus, this act of the State Police would be...

Calcutta High Court Monthly Digest: March 2024 [Citations 60-78]

Srinjoy Das