Calcutta High Court Weekly Round-Up: August 6 - August 13

NOMINAL INDEXHira Bittar v The State of West Bengal 2023 LiveLaw (Cal) 214Senjuti Chakrabarti Vs Learned Registrar General High Court At Calcutta And Ors 2023 LiveLaw (Cal) 215Union Of India And Anr. v Rashmi Metaliks Limited 2023 LiveLaw (Cal) 216Bithika Sil v. Kartick Paik & Ors. 2023 LiveLaw (Cal) 217Swapan Manna v The State of West Bengal & ors. 2023 LiveLaw (Cal) 218Pooja Mehta & Ors. vs. The State of West Bengal & Anr. 2023 LiveLaw (Cal) 219Sri Shubhendu Kumar Goswami & Ors. Versus The State Of West Bengal & Ors. 2023 LiveLaw (Cal) 220Mritunjoy Poria & Ors. Versus The State of West Bengal & Ors. 2023 LiveLaw (Cal) 2211. S.498A IPC | Mental Cruelty Is A State Of Mind, Cannot Have Uniform Standard In Matrimonial Cases: Calcutta High CourtCase: Hira Bittar v The State of West BengalCitation: 2023 LiveLaw (Cal) 214The Calcutta High Court recently allowed the appeal preferred by a husband against trial court order convicting him for alleged offences of mental and physical cruelty allegedly inflicted upon his spouse/ complainant.A Single-bench of Justice Shampa (Dutt) Paul held:Though this witness has stated that she was assaulted by the appellant and his family members and suffered bleeding injuries, there are no medical papers nor any injury report on record. The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society to which the parties belong, their social values, status, and the environment in which they live. The conduct of the concerned party should be grave and substantial and it must be much more serious than the ordinary wear and tear of daily life. Mental cruelty is a state of mind - The feeling of deep anguish, disappointment, or frustration in one spouse caused by the conduct of the other over a long period of time may lead to mental cruelty. And such feeling and intensity are felt differently by each person. Some are stronger in mind than others. In the present case there is absolutely no evidence/proof on record of any physical cruelty.2. “Absolutely Premature”: Calcutta High Court Dismisses PIL Seeking Strict Implementation Of PoSH Act Within The High CourtCase: Senjuti Chakrabarti Vs Learned Registrar General High Court At Calcutta And OrsCitation: 2023 LiveLaw (Cal) 215The Calcutta High Court on Monday dismissed a PIL filed by a practising advocate for the “strict implementation” of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”) within the Calcutta High Court.Petitioner claimed that various RTIs filed by him revealed that the PoSH Act had not been complied with in its entirety.In noting that such an issue could not be examined in a PIL, and highlighting the presence of a robustly functioning committee dealing with PoSH complaints arising at the Calcutta High Court, a division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya remarked:A writ of mandamus can only be issued when there has been inaction by authorities, or a genuine representation is not acted on in accordance with law. The petitioner has not made any such representation and it appears that the writ petition is founded on replies obtained under the RTI Act. Therefore, we find that the writ petition is absolutely premature and cannot be entertained. However, it shall be open to the petitioner to make appropriate representation before the concerned forum.3. ‘Fraudulent’ Conduct Of Railways Has Shocked Our Conscience: Calcutta HC Unconditionally Stays Arbitral Award, Directs Probe By Union GovtCase: Union Of India And Anr. v Rashmi Metaliks LimitedCitation: 2023 LiveLaw (Cal) 216The Calcutta High Court today unconditionally stayed an award granted in favour of the South Eastern Railways (“SER”) under the Arbitration & Conciliation Act, 1996 (“Arbitration Act”) on grounds of fraud and corruption perpetrated by collusion between the parties in obtaining the impugned award.In expressing his dismay and directing an investigation into the matter by a high-level committee of the Ministry of Finance, Government of India, a single-bench of Justice Shekhar B Saraf held:The Court cannot overlook fraud being perpetuated in the making of the award by way of collusion between the parties. Furthermore, I hereby also direct the Ministry of Finance, Union of India to immediately constitute a multi-member high-level enquiry committee headed by a Secretary to the Government of India level rank officer to holistically inquire into the shocking conduct of the Railways and its officials (both serving and retired) and the other stakeholders in the aforementioned matter. The Committee shall be at liberty to take assistance of central investigation agencies as it may deem fit. The Committee is further requested to complete the enquiry and submit a report before this Court within three months from the date of this order.4. [Grievous Hurt] Calcutta High Court Criticises Trial Court For Relying Solely On Party's...

Calcutta High Court Weekly Round-Up: August 6 - August 13

Srinjoy Das

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