Calcutta High Court Weekly Round-Up: October 16, 2023 To October 22, 2023

NOMINAL INDEXGovernment of Maharashtra v Shrivin Pharma Pvt. Ltd. 2023 LiveLaw (Cal) 319Manojit Basu vs. Shyamasree Basu (nee Ghosh) 2023 LiveLaw (Cal) 320Dipali Mitra & Ors. V Coal India Limited & Ors. 2023 LiveLaw (Cal) 321Probhat Purkait @ Provat v The State of West Bengal 2023 LiveLaw (Cal) 322MSMED Act | Facilitation Council Must Adjudicate On Interest Component Itself- Cannot Delegate To Chartered Accountant: Calcutta High CourtCase: Government of Maharashtra v Shrivin Pharma Pvt. Ltd.Citation: 2023 LiveLaw (Cal) 319Calcutta High Court has held that the MSME Council could not ‘desert the task of decision making’ to a Chartered Accountant, who was not on the Council/arbitral tribunal under the MSMED Act, a single-bench of Justice Moushumi Bhattacharya observed:Section 31(3) of the 1996 Act requires the arbitral tribunal to give reasons upon which the award is based subject to the parties agreeing otherwise. The reasons given by the Chartered Accountant in the present case for fixing the quantum of interest cannot be accepted to be the reasons of the Facilitation Council / arbitral tribunal in satisfaction of the mandate of section 31(3) of the 1996 Act. [By not completing the arbitral award] the Council would be undermining the very object of the MSMED Act and the legislative intent in enacting it.Continued Abuse & Humiliation By “Insensible & Patriarchal” Husband Amounts To Cruelty: Calcutta High Court Upholds Divorce DecreeCase: Manojit Basu vs. Shyamasree Basu (nee Ghosh)Citation: 2023 LiveLaw (Cal) 320The Calcutta High Court has upheld a decree of divorce passed by the Trial court, dissolving the marriage between the appellant (husband) and respondent (wife) under Section 13 of the Hindu Marriage Act, 1955 (“HMA”).Court further upheld the trial court's rejection of custody and dismissed an appeal by the appellant for custody of his son under Section 26 HMA due to non-payment of maintenance.In upholding the verdict of the trial court and finding the appellant guilty of “cruelty” under the HMA, a division-bench of Justice Soumen Sen and Justice Sidhhartha Roy Chowdhury held:The petitioner [wife] was physically abused by the opposite party husband. Instead of being supportive, he was instrumental in throttling her aspirations. He failed to accord her with dignity she deserved. The husband withdrew himself from the company of his wife and moved to the upper tier of the duplex. Such conduct is but expression of his intention to make the marriage dead. Sustained course of abusing and humiliating treatment by the husband should be considered as cruelty. There was absolute loss of affection. It would be detrimental for the mental and physical health of the respondent if she is asked to live with the appellant.Differentiating Between Married And Unmarried Daughter In Compassionate Employment "Sexist": Calcutta High CourtCase: Dipali Mitra & Ors. V Coal India Limited & Ors.Citation: 2023 LiveLaw (Cal) 321The Calcutta High Court has found that the distinction between ‘married’ and ‘unmarried’ daughters for the purpose of compassionate appointment, as per Clause 9.3.3 of the National Coal Wages Agreement-VI is ultra vires and in violation of Article 14 and 15 of the Constitution.In dismissing the plea of the petitioners for compassionate appointment upon noting that the most important factor for seeking the same was dependency on the deceased employee, and financial exigency, a single-bench of Justice Shekhar B Saraf held:...addition of the word ‘unmarried’ before daughter is an arbitrary and sexist distinction under Clause 9.3.3 of NCWA-VI which is in violation of Article 14 and 15 of the Constitution of India...No application for compassionate appointment can be rejected solely on the ground of marital status of a daughter and the married daughter must be included within the category of direct dependents.Court said the primary condition for consideration of application seeking compassionate appointment is to show dependency upon the deceased employee and financial exigency. It held assumption that marital status of a daughter changes her dependency from her father/mother to her husband is "misogynist".[POCSO Act] Equating Consensual, Non-Exploitative Sexual Acts Between Adolescents With Rape Undermines Bodily Integrity & Dignity: Calcutta HCCase: Probhat Purkait @ Provat v The State of West BengalCitation: 2023 LiveLaw (Cal) 322The Calcutta High Court has exercised its jurisdiction under Article 226 of the Constitution, and Section 482 of the CrPC to set aside an impugned judgement and order of conviction against the appellant who had been sentenced to 20 years imprisonment on charges of kidnapping of a minor under IPC and aggravated penetrative sexual assault under POCSO Act.In observing that the appellant, and victim were both adolescent residents of the same village, and had engaged in a consensual sexual relationship, a division bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen noted from the...

Calcutta High Court Weekly Round-Up: October 16, 2023 To October 22, 2023

Srinjoy Das

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