Calcutta High Court
Medical Trainees Not 'Employees' Under EPF Act: Calcutta High Court Upholds Tribunal Order, Quashes PF Demand
The Calcutta High Court has upheld an order of the Employees Provident Fund Appellate Tribunal setting aside provident fund dues assessed against a private company, ruling that trainee medical representatives engaged as apprentices under the Model Standing Orders cannot be treated as “employees” for the purpose of provident fund contributions under the EPF Act.Justice Shampa Dutt dismissed...
Relatives Can't Be Put To Trial On 'General Abuse' Claims Alone: Calcutta High Court Partly Quashes Matrimonial Cruelty Case U/S 498A IPC
The Calcutta High Court has partly quashed criminal proceedings in a matrimonial cruelty case, drawing a clear line between specific allegations against a spouse and vague, omnibus accusations against extended family members, and reiterating that courts must prevent the criminal process from being used for “wholesale implication” of relatives.Justice Uday Kumar was hearing a petition...
“Criminal Liability Cannot Flow From Designation Alone”: Calcutta High Court Quashes MGNREGS Misappropriation Case Against Officer
The Calcutta High Court has quashed criminal proceedings against a Skilled Technical Person implicated in an alleged MGNREGS fund misappropriation case, holding that “entrustment is the lifeblood of an offence under Section 409 IPC” and that criminal liability cannot be fastened merely on the basis of official designation without proof of dominion over funds or a document-linked...
Delay In FIR Not Fatal In Motor Accident Claims; Insurer Can't Seek 'Pay & Recovery' Without Proving Policy Breach: Calcutta High Court
Observing that families of accident victims are naturally preoccupied with treatment, death and last rites rather than immediately approaching the police, the Calcutta High Court held that mere delay in lodging an FIR cannot defeat a genuine motor accident compensation claim. The Court further ruled that an insurer cannot escape liability or seek “pay and recovery” unless it strictly...
Transfer To Commercial Court Doesn't Bar Additional Written Statement Or Counterclaim If Leave Granted Under CPC: Calcutta High Court
Holding that the Code of Civil Procedure does not prohibit a defendant from filing an additional written statement or counterclaim with the leave of the court even after an earlier written statement has been submitted, the Calcutta High Court refused to interfere with an order of the Commercial Court accepting a fresh written statement along with a counterclaim after transfer of the suit....
'State Cannot Sleep For 20 Years & Recover Salary Before Retirement': Calcutta High Court Quashes Recovery Against Indian Museum Employee
Holding that the State cannot resurrect decades-old service decisions to penalise a blameless employee on the eve of retirement, the Calcutta High Court quashed a show-cause notice and recovery proceedings initiated against a Hindi Translator nearly 19 years after his financial upgradations and pay fixations had been repeatedly approved and acted upon. Justice Ananya Bandyopadhyay observed...
Sudden Fight Between Brothers Over Parents' Care Leading To Death Not Murder: Calcutta High Court Reduces Life Term To 14 Yrs
The Calcutta High Court has converted the conviction of two brothers from murder to culpable homicide not amounting to murder, holding that a fatal assault arising out of a sudden family quarrel over responsibility for maintaining aged parents lacked premeditation and therefore did not attract Section 302 of the IPC. A Division Bench comprising Justice Rajasekhar Mantha and Justice Ajay...
Maintenance Tribunal Cannot Order Eviction Of Children Under Senior Citizens Act: Calcutta High Court
Holding that the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has no jurisdiction to direct eviction of children from property in proceedings under Sections 4 and 5 of the Act, the Calcutta High Court has ruled that the Tribunal's powers are confined to granting monthly maintenance and cannot be stretched to order vacating of...
Woman Forced Out Of Matrimonial Home Can Initiate DV Case From Shelter; Economic Abuse Creates Continuing Cause Of Action: Calcutta HC
The Calcutta High Court has held that a woman who takes refuge in a rented accommodation after being driven out of her matrimonial home can invoke the jurisdiction of the court within whose limits she is temporarily residing, and that continuing economic deprivation by the husband constitutes a recurring cause of action under the Protection of Women from Domestic Violence Act, 2005. Setting...
Calcutta High Court Enhances Motor Accident Compensation; Says GPF & Insurance Deductions Cannot Reduce Income For Calculating Dependency
The Calcutta High Court has enhanced the compensation awarded to the family of a bus accident victim, holding that while computing income for motor accident claims, only statutory deductions like income tax or professional tax can be excluded and not savings such as GPF or group insurance contributions. The Court observed that such contributions are deferred benefits payable back to the...
Final Partition Decree Liable To Stamp Duty Even If Physical Division Not Possible: Calcutta High Court
The Calcutta High Court has held that a final decree passed in a partition suit, which conclusively determines the shares of the parties and incorporates a commissioner's partition plan, constitutes an “instrument of partition” under the Indian Stamp Act, 1899 and is therefore liable to stamp duty, even where physical division of the property by metes and bounds is not feasible. The...