Calcutta High Court Weekly Round-Up: April 18 To April 24, 2022

Nominal Index [Citations 126- 140]Debaki Nandan Maiti v. The State of West Bengal and Ors 2022 LiveLaw (Cal) 126Anindya Sundar Das v. West Bengal Taxation Tribunal Bar Association and Others 2022 LiveLaw (Cal) 127Dr. Sudipta Banerjee v. L.S. Davar & Company & Ors 2022 LiveLaw (Cal) 128Rajib Chakraborty and Ors v. The State of West Bengal and Ors 2022 LiveLaw (Cal) 129In the matter of : Ms. Minakhi Mukherjee & Ors 2022 LiveLaw (Cal) 130Prafulla Mura v. The State of West Bengal & Anr 2022 LiveLaw (Cal) 131Shaista Afreen and Others v. The State of West Bengal and Others 2022 LiveLaw (Cal) 132The State of West Bengal v. Union of India & Anr 2022 LiveLaw (Cal) 133 Manav Investment and Training Company Ltd v. DBS Bank India Ltd 2022 LiveLaw (Cal) 134Anindya Sundar Das v. Union of India and other connected matters 2022 LiveLaw (Cal) 135Priyanka Tibrewal v. State of West Bengal and Ors Case Citation: 2022 LiveLaw (Cal) 136Pallabi Chatterjee and Ors v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 137Pallabi Chatterjee and Ors v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 138Haren Bagchi Biswas alias Harendranath Biswas v. Union of India 2022 LiveLaw (Cal) 139Sukumar Ray v. M/s Indo-Industrial Services and Ors. 2022 2022 LiveLaw (Cal) 140Orders/Judgments 1. 'Not In Poor Financial Condition': Calcutta High Court Upholds Eviction Order Against Daughter-In-Law From Her Father-In-Law's HouseCase Title: Debaki Nandan Maiti v. The State of West Bengal and Ors.Case Citation: 2022 LiveLaw (Cal) 126The Calcutta High Court has recently upheld an eviction order wherein the daughter-in-law was directed to vacate the residence belonging to her father-in-law after noting that she is a medical practitioner and is thus not in a poor financial condition. Justice Rajasekhar Mantha observed, "The applicant, Swati Das, is admittedly a medical practitioner. She is neither destitute nor in a poor economic or financial condition, and there is no averment to that effect in the application. Apart from the questions of law raised by the applicant daughter-in-law, she has not able to make out any case for restoration with possession of her father-in-law's house." The Court noted that the applicant had never claimed any right of residence or share of the household against the father-in-law or her husband under the provisions of the the Domestic Violence Act, 2005. It was also noted that the applicant had not asserted any domestic violence or torture perpetrated by either her father-in-law or her husband. Thus, the Court opined that it can exercise its extraordinary jurisdiction of this court under Article 226 of the Constitution of India to protect the life and liberty of the senior citizen under Article 21 of the Constitution. "In respect of a discomfort expressed by a senior citizen towards his children, a single complaint is good enough evidence. Further, there are no disputed questions of fact in the instant case i.e., that the house admittedly belongs to the father of the writ petitioner", the Court underscored further.2. Calcutta HC Sets Aside Order Extending Tenure Of Technical Member Of WB Taxation Tribunal, Orders State To Expeditiously Make New AppointmentCase Title: Anindya Sundar Das v. West Bengal Taxation Tribunal Bar Association and OthersCase Citation: 2022 LiveLaw (Cal) 127The Calcutta High Court on Monday set aside an order whereby the tenure of the existing Technical Member of the West Bengal Taxation Tribunal has been extended until formal appointment of Technical Member by the Government. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed, "..the impugned order passed by the learned Single Judge is set aside, however by making it clear that if a fresh prayer for stay is made before the learned Single Judge, then the same will be duly considered in accordance with law and appropriate order will be passed taking into account the aforesaid relevant aspects of the matter." The Court however clarified that since the Administrative Member of the Tribunal has continued by virtue of the impugned interim order, therefore, the orders passed by him in the meanwhile are saved from challenge on the ground of his continuance as such. The Bench noted that no facts or legal provisions had been referred to in the impugned order passed by Justice Rajasekhar Mantha and was thus liable to be set aside.3. Time To Re-Look At S.27 Of Indian Contract Act To Protect 'Trade Secrets': Calcutta High CourtCase Title: Dr. Sudipta Banerjee v. L.S. Davar & Company & OrsCase Citation: 2022 LiveLaw (Cal) 128The Calcutta High Court has recently upheld an injunction order passed against former employees of a law firm restraining them from divulging confidential information and trade secrets gathered during the course of their employment. The Court further opined that sharing of such information and communication would not only be unethical but would also constitute a...

Calcutta High Court Weekly Round-Up: April 18 To April 24, 2022

Aaratrika Bhaumik

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