Procedural Safeguards for Insurer’s “Pay and Recover” and Proper Salary Deductions in Section 166 MV Act Claims 1. Introduction This decision of the Calcutta High Court (Biswaroop Chowdhury, J.)...
Transferred Commercial Suits: Counter-claim After Earlier Written Statement Permissible With Leave Under Order VIII Rule 9 CPC (No De Novo Re-start) 1. Introduction In BATLIBOI ENVIRONMENTAL...
Contractual Loan-Foreclosure Disputes and RBI Guideline Violations Do Not, Without Mens Rea/Entrustment, Sustain IPC 406/420 Prosecution 1. Introduction In M/S. TATA CAPITAL FINANCE LTD. & ORS. v....
Look Out Circular in SFIO Economic-Offence Probes: Sustained Where Overseas Settlement and Non-Responsiveness Show Real Risk of Trial Evasion Case: Debanjan Hazra v. The Serious Fraud Investigation...
Deemed-Decree Land Acquisition Awards under the WB 1948 Act: Section 38 CPC Inapplicable; Execution Maintainable on High Court Original Side Without Transfer, and Multiple Executions Permitted Until...
Pension Payable Under Employer Superannuation Trust Is “Wages” and Enforceable via Form-N Even After Resignation Court: Calcutta High Court (Division Bench) Coram: Lanusungkum Jamir, J. & Rai...
Stipendiary Graduate Trainees as “Apprentices” Under Model Standing Orders Are Excluded from EPF Coverage; Directly Paid Contractual Security/Fire Staff Remain Coverable 1. Introduction This writ...
Orders of NCDRC Between Private Parties: Article 227 Is the Proper Route; Impleading NCDRC Does Not Cure an Article 226 Defect Case: TRIPTI DAS AND ANR. v. DR. PHANI BHUSAN MANDAL AND ORS. Court:...
IBC Liquidation Overrides Municipal Retrospective Revaluation: Pre-liquidation Property Tax Cannot Be Recovered from IBC Auction Purchasers 1. Introduction Mamta Binani & Anr. v. Kolkata Municipal...
Unauthorized Possession Alone Is Not “Act Prejudicial to the Interest of the Bank” Under Clause 19.5(j): Reinstatement with Full Back Wages, Subject to Set-off Case: THE CHAIRMAN AND MANAGING...
Criminal Process Cannot Be Used to Enforce Failed Real‑Estate Development MOUs Absent “Inception Mens Rea” or “Entrustment”: Calcutta High Court Quashes 406/420 IPC Complaint 1. Introduction In...
Conviction Set Aside for Unreliable Related-Witness Testimony, Unnatural Conduct, and FIR/Investigation Infirmities 1. Introduction Case: Bishnupada Choudhury & Ors. v. The State of West Bengal...
Maintenance Tribunals Cannot Order Eviction Under Sections 4–5 of the 2007 Act; Their Orders Are Amenable to Article 226 Review 1. Introduction These connected writ petitions before the Calcutta High...
Final Partition Decree Incorporating a Commissioner’s Plan Is a Dutiable “Instrument of Partition” Even Where Physical Partition Is Impracticable 1. Introduction Case: Subrata Nundy v. The Collector...
DV Act Jurisdiction at Temporary Shelter: Section 482 CrPC Maintainable and “Economic Abuse” Creates a Continuing Cause of Action 1. Introduction In RANI BIBI v. SK NURULLAH AND ORS (Calcutta High...
Family Quarrel, Household Weapons, and a Three-Minute Interval: When Homicide Falls Under Section 304 Part I (Exception 4 to Section 300 IPC), Not Section 302 Case: AIMUDDIN SHEIKH & ANR v. STATE OF...
Only Statutory Deductions (Income Tax/Professional Tax) Reduce “Monthly Income” in Motor Accident Dependency Claims; GPF/Group Insurance Not Deductible Case: SWAPNA BHATTACHARJEE & ANR. v. THE NEW...
Parity in Recruitment: Illegally Introduced Interview Cut-offs Must Not Defeat Higher Merit of Similarly Situated Candidates 1. Introduction The Calcutta High Court in NIRMAL CHANDRA BISWAS v. State...
Employer-Driven Delay Cannot Defeat Compassionate Employment: Age-Bar Not Determinative; Notional Seniority from Date of Reference Case: EASTERN COALFIELDS LIMITED v. UNION OF INDIA AND OTHERS Court:...
Non-renewal of a fixed-term contract is not punitive “termination”; ministerial backdoor engagement without a sanctioned post/procedure is void Case TITHI ADHIKARY v. STATE OF WEST BENGAL & ORS Court...