Calcutta High Court Weekly Round-Up February 5th-11th, 2024

NOMINAL INDEXSoma Ghosh @ Soma Barman @ Soma (Barman) Ghosh & Ors. versus United India Insurance Co. Ltd. & Ors. 2024 LiveLaw (Cal) 37Merlin Projects Limited and another v The State of West Bengal and others 2024 LiveLaw (Cal) 38M/S Saraf Trexim Limited Vs Deputy Commissioner Of State Tax And Ors. 2024 LiveLaw (Cal) 39Utpal Kanti Karan v State of West Bengal & Ors & connected matters 2024 LiveLaw (Cal) 40X vs State of West Bengal 2024 LiveLaw (Cal) 41CBI v Binod Kr Maheshwari 2024 LiveLaw (Cal) 42R S Fuel Pvt Ltd vs Ankit Metal And Power Ltd 2024 LiveLaw (Cal) 43Mr. Raj Sahai vs. the State of West Bengal & Anr. 2024 LiveLaw (Cal) 44ORDERS/JUDGEMENTSNo Evidence Of Contributory Negligence: Calcutta HC Directs Rs 40 Lakhs Additional Compensation For Family Of Man Who Fell From Bus & Died Due To Rash DrivingCitation: 2024 LiveLaw (Cal) 37 Case: Soma Ghosh @ Soma Barman @ Soma (Barman) Ghosh & Ors. versus United India Insurance Co. Ltd. & Ors.The Calcutta High Court has directed the insurance company to pay an additional compensation of Rs 40,08,687 at 6% per annum, to the relatives of a man who was killed after being thrown from the front gate of a bus he had boarded, due to the rash and negligent driving of the bus driver.In allowing the appeal against the order of the Motor Accidents Claim Tribunal ("MACT") which had awarded a sum of approx 3.68 lakhs of compensation, due to the alleged contributory negligence of the deceased, a single bench of Justice Subhendu Samanta held:The learned tribunal has not considered the evidences on record but has proceeded hypothetically and assessed the contributory negligence on the part of the deceased. The investigation of the police is ended in charge sheet accusing the driver of the offending vehicle to be 6 responsible for the accident. Charge-sheet is prima-facie evidence which can be disbelieved. Only on the version of the FIR, the observation of the learned tribunal, appears to me not justified and beyond the evidence on record.Reasonable Measure To Avoid Chaos In Office Hours: HC Upholds Restriction On Non-Essential Heavy/Medium Goods Vehicles' Movement In Kolkata Between 6am-10pmCitation: 2024 LiveLaw (Cal) 38 Case: Merlin Projects Limited and another v The State of West Bengal and othersThe Calcutta High Court has recently upheld the validity of a Traffic Notification that restricted the movements of Heavy Goods Vehicles and Medium Goods Vehicles have been restricted to ply from 6 am to 10 am on all days throughout the city of Kolkata except the Port area.The notification however, made certain exceptions for goods vehicles carrying essential and perishable items such as LPG, Petroleum, Oxygen, Milk, Fruits, Vegetables, etc., which were allowed to ply from 10 pm-8 am and 12 pm-4 pm.In dismissing a challenge to the notification by real-estate developer Merlin Projects Ltd., a single bench of Justice Sabyasachi Bhattacharya held:Restrictions imposed by the Notification are not disproportionate. The stipulations introduced by the Notification are quite appropriate and necessary to ensure free movement of traffic and in order to avoid chaos during office hours.E-Way Bill Generated For Exporting Goods To Bangladesh Expired Due To Accident: Calcutta High Court Quashes 200% PenaltyCitation: 2024 LiveLaw (Cal) 39Case Title: M/S Saraf Trexim Limited Vs Deputy Commissioner Of State Tax And Ors.The Calcutta High Court has quashed the 200% penalty and held that the e-way bill generated for exporting goods to Bangladesh expired due to an accident. The bench of Chief Justice T. S. Sivagnanam and Justice Supratim Bhattacharya has observed that unless and until it is established by the department that the transporter of the goods or the owner of the goods had an intention to contravene the provisions of the Act, the question of imposing a penalty under Section 129 of the WBGST Act that is too high would not be justified.Re-Fixation Of Salary Only Possible Under Existing Rules, No Vested Right Of Teacher To Claim Enhanced Pay For Being Overqualified: Calcutta HC Larger BenchCitation: 2024 LiveLaw (Cal) 40 Case: Utpal Kanti Karan v State of West Bengal & Ors & connected mattersIn a 187-page order, a larger bench of the Calcutta High Court comprising Justices Harish Tandon, Soumen Sen, and Kaushik Chanda have held that teachers in the State of West Bengal cannot seek re-fixation of salary due to having attained higher educational qualifications during the course of their employment, in absence of any rules for such re-fixation of salary.In deciding the reference arising out of common questions of law in multiple cases, the bench held:Enhancement of pay on acquisition of higher qualification during the service career is dependent upon the relevant rules operating at the time of acquisition of higher qualification and cannot be claimed as a matter of right in absence of Rules. If a teacher has consciously applied for a post under the pass graduate category in spite of having an...

Calcutta High Court Weekly Round-Up February 5th-11th, 2024

Srinjoy Das

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