Cut-Off Marks Can't Be Introduced Midway In Recruitment; Similarly Placed Candidates Entitled To Same Relief: Calcutta High Court

The Calcutta High Court has held that recruiting authorities cannot introduce qualifying or cut-off marks for interview after commencement of the selection process, and once such illegality is struck down in respect of one candidate, other similarly placed candidates must ordinarily be granted the same benefit to avoid discrimination under Article 14.A Division Bench comprising Justice...

30 Years Of Inaction By Employer Cannot Defeat Compassionate Appointment; Age Bar Can't Be Invoked After Management's Delay: Calcutta HC

Holding that an employer cannot defeat a dependent's claim for compassionate appointment by sitting over the matter for decades and then raising an age bar, the Calcutta High Court refused to interfere with an Industrial Tribunal award directing employment to the son of a deceased coal worker. The Court observed that keeping a dependent waiting for nearly 30 years without either granting...

Minister Appointing Contractual Employee In Secretariat Without Sanctioned Post Is 'Lawlessness', Misuse Of Funds: Calcutta High Court

The Calcutta High Court has held that a purely contractual employee cannot claim continuation or renewal of service as a matter of right after expiry of the contractual term, and that a Minister cannot bypass statutory procedure to appoint an individual in the secretariat without a sanctioned post or recruitment process. Observing that such backdoor engagement amounts to misuse of public...

Will Must Be Respected Unless Suspicious Circumstances Are Proved; Unequal Distribution Not Grounds To Deny Probate: Calcutta High Court

The Calcutta High Court has reiterated that probate proceedings are concerned only with the genuineness of a will and not with the fairness of distribution among heirs, holding that mere delay in seeking probate or unequal bequests cannot, by themselves, amount to suspicious circumstances. Emphasising that courts must respect the last wishes of a testator once due execution and attestation...

Moving From Chowkidar To MPA/FGM Passing Trade Test Is Promotion, Not Entitled For Second ACP: Calcutta HC

A Division Bench of the Calcutta High Court comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that movement from the post of Chowkidar/ General Mazdoor to Motor Pump Attendant (MPA)/Fitter General Mechanic (FGM) after clearing a trade test amounts to promotion and not reclassification, hence employees who have already been promoted are not entitled to benefits...

Calcutta High Court Acquits Convicts In Almost 40-Year-Old Culpable Homicide Case, Cites Witnesses' "Unnatural Conduct"

The Calcutta High Court has set aside the conviction of several persons in a nearly four-decade-old culpable homicide case, holding that the prosecution failed to prove its case beyond a reasonable doubt as the evidence of related eyewitnesses was riddled with contradictions, their conduct appeared wholly unnatural, the very genesis of the FIR was doubtful, and the investigation suffered...

Land Acquisition Award Can Be Executed Through Multiple Petitions Till Full Realisation; S.38 CPC Not Applicable: Calcutta High Court

The Calcutta High Court has held that a land acquisition award, which is treated as a decree by legal fiction, can be executed through multiple execution petitions until the entire decretal amount is realised, and that such execution proceedings are not barred by Section 38 of the Code of Civil Procedure since the award is not a decree actually passed by a civil court.A Division Bench...

Right To Travel Not Absolute In Economic Offences: Calcutta High Court Declines Relief To Ex-Pharma Employee In ₹1300 Crore SFIO Probe

Refusing to interfere with a Look Out Circular (LOC) issued in connection with a large-scale corporate fraud investigation, the Calcutta High Court held that when an individual has permanently settled abroad, failed to respond to summons and there exists a real apprehension of evasion of prosecution, the investigating agency is justified in preventing departure from India. The Court observed...

Contractual Loan Dispute Over Alleged Excess Charges Not Cheating Or Breach Of Trust: Calcutta High Court Quashes Case

Observing that a dispute arising out of foreclosure charges and alleged excess recovery under a loan agreement is essentially contractual in nature and cannot be converted into a criminal prosecution for cheating or criminal breach of trust, the Calcutta High Court has quashed criminal proceedings initiated against Tata Capital Finance Ltd. and its officials. The Court held that even an...

Failure Of Joint Real Estate Deal Due To Non-Performance Of Contract Is Civil Wrong, Not Criminal Offence: Calcutta High Court

Holding that the collapse of a joint real estate development arrangement cannot automatically attract criminal prosecution, the Calcutta High Court has ruled that disputes arising out of non-performance of contractual obligations are essentially civil in nature and cannot be given a “criminal colour” in the absence of dishonest intention from the very inception. Observing that...

Udan Yatri Café Only Outside Security Check: PIL In Calcutta High Court Challenges Placement Of Affordable Food Outlets At Airport

A Public Interest Litigation has been instituted before the Calcutta High Court questioning the effective implementation of the Government of India's Udan Yatri Café scheme at airports, particularly the absence of such affordable outlets inside post-security airside areas where passengers are required to wait prior to boarding. The matter is scheduled to be taken up as a new motion on 2...

Mere Possession Of Bank's Stationery By Employee Without Proof Of Prejudice Not Misconduct: Calcutta High Court

Holding that mere recovery of bank stamps, blank passbooks and letterheads from an employee's residence, without proof of any actual prejudice to the bank, cannot amount to “acts prejudicial to the interest of the bank”, the Calcutta High Court dismissed an intra-court appeal filed by Bank of Baroda and upheld reinstatement of a dismissed workman with full back wages.A Division Bench...