Calcutta High Court Monthy Digest: January 2025

NOMINAL INDEX

Mahabuba Rahaman & Ors. -vs- State of West Bengal & Anr. Citation: 2025 LiveLaw (Cal) 1

Milan Mukhopadhyay @ Mukherjee Vs. The State of West Bengal & Ors Citation: 2025 LiveLaw (Cal) 2

Jagbir Singh Versus The State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 3

Association for Protection of Democratic Rights vs State of West Bengal Citation: 2025 LiveLaw (Cal) 4

X v Y Citation: 2025 LiveLaw (Cal) 5

Chaitali Roy (Mandal) v. State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 6

Smt. Gitarani Maity -vs- 1A. Mrs. Krishna Chakraborty and othersCitation: 2025 LiveLaw (Cal) 7

X v Y Case No: 2025 LiveLaw (Cal) 8

Commissioner Of Service Tax Kolkata Vs M/S Electrosteel Castings Limited Citation: 2025 LiveLaw (Cal) 9

Afzal Khan @ Fazo @ Afjal Khan & Anr. Versus Siddhartha Kanjilal, WBCS (Exe), Principal Secretary, Judicial Department, Government of West Bengal. Citation: 2025 LiveLaw (Cal) 10

BHARAT KUMAR MISHRA VS STATE OF WEST BENGAL AND ORS. Citation: 2025 LiveLaw (Cal) 11

GOVERNMENT AIDED TEACHERS AND NONTEACHING STAFF WELFARE ASSOCIATION AND ANR. VS UNION OF INDIA AND ORS. Citation: 2025 LiveLaw (Cal) 12

Sri Man Mohan Kumar Shahu vs. Union of India & Ors. Citation: 2025 LiveLaw (Cal) 13

Bimal Chandra Sarkar & Anr. vs. Smt Dipali Dutta Roy (Paul) Citation: 2025 LiveLaw (Cal) 14

Versatile Construction vs. Tata Motors Finance Ltd. Citation: 2025 LiveLaw (Cal) 15

Haldia Development Authority Vs M/s. Konarak Enterprise Citation: 2025 LiveLaw (Cal) 16

Indian Oil Corporation Vs. Union of India Citation: 2025 LiveLaw (Cal) 17

Zarin Momim Khan @ Zareen Khan Vs. The State of West Bengal & Anr Citation: 2025 LiveLaw (Cal) 18

Vishva Hindu Parishad, Dakshinbanga & Anr. Vs. The State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 19

Asa International India Microfinance Ltd. v. Northern ARC Capital Ltd. & Anr. Citation: 2025 LiveLaw (Cal) 20

ORDERS/JUDGEMENTS

Prior Option To Work As Para Teacher Shouldn't Act As Deterrent, Calcutta HC Permits To Work As Samprasarak For Better Service Benefits

Case: Mahabuba Rahaman & Ors. -vs- State of West Bengal & Anr.

Citation: 2025 LiveLaw (Cal) 1

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that prior exercised option to work as a para teacher should not act as a deterrent to the employee to work as Samprasarak/Samprasarika to avail better service tenure and benefits.

Employee's Service In NTPC School, Approved By West Bengal Board , Must Be Considered For Pension: Calcutta HC

Case: Milan Mukhopadhyay @ Mukherjee Vs. The State of West Bengal & Ors

Citation:  2025 LiveLaw (Cal) 2

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that the employee's service at NTPC High School (7th April 1993 to 4th July 2002), though in a recognized unaided institution, must be considered for pensionary benefits as it was approved by the West Bengal Board of Secondary Education, Government of West Bengal.

Calcutta High Court Allows Rally Protesting Against Alleged Illegal Commercial Use Of Zoo Land By State Govt

Case: Jagbir Singh Versus The State of West Bengal & Ors.

Citation: 2025 LiveLaw (Cal) 3

The Calcutta High Court has allowed a protest to be conducted against the allegedly illegal use of zoo land by the state government. The petitioner sought to conduct a rally between the National Library and Rabindra Sadan to protest against the same with about 1500 participants.

It was submitted that although permission was sought from the police, there was no response to the same.

Calcutta High Court Declines APDR's Plea Challenging Denial Of Permission To Put Up Stall At 2025 International Book Fair

Case: Association for Protection of Democratic Rights vs State of West Bengal

Citation: 2025 LiveLaw (Cal) 4

The Calcutta High Court has dismissed a plea by the Association for Protection of Democratic Rights (APDR) challenging the decision by the Editors and Publishers Guild, denying them permission to put up a stall at the 2025 Kolkata Book Fair.

Justice Amrita Sinha held that a writ challenge would not be maintainable against the Guild, which was a private body.

'Wife Is Employed, Already Paid ₹32 Lakhs By Husband': Calcutta High Court Sets Aside Wife's Interim Maintenance

Case: X v Y

Citation: 2025 LiveLaw (Cal) 5

The Calcutta High Court on Friday set aside an order for payment of interim maintenance amounting to Rs 80,000 per month, granted by the trial court in favour of a wife.

Justice Suvra Ghosh noted the wife had already been paid Rs 32 lakhs by the husband, earlier, under a memorandum of understanding and that she was also employed herself.

Compassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HC

Case: Chaitali Roy (Mandal) v. State of West Bengal & Ors.

Citation: 2025 LiveLaw (Cal) 6

A single judge bench of the Calcutta High Court comprising of Hiranmay Bhattacharyya, J. held that the compassionate appointments cannot be granted to posts under Urban Local Bodies in the absence of a specific policy governing such appointments.

[Arbitration Act] Section 8 Application Must Be Filed Before Or Simultaneously With Written Statement: Calcutta High Court

Case Title: Smt. Gitarani Maity -vs- 1A. Mrs. Krishna Chakraborty and others

Citation: 2025 LiveLaw (Cal) 7

The Calcutta High Court Bench of Justice Sabyasachi Bhattacharyya and Justice Subhendu Samanta held that when no application for reference to arbitration under Section 8 of the Arbitration Act is made by either party, the civil court may very well entertain the suit and proceed with the adjudication of the same on merits in accordance with law.

Alimony Must Be Commensurate With Status Of Spouses, Wife's Meagre Financial Requirements No Grounds To Restrict Amount: Calcutta High Court

Case: X v Y

Case No: 2025 LiveLaw (Cal) 8

The Calcutta High Court bench of Justices Sabyasachi Bhattacharya and Uday Kumar has held that the alimony sought for and granted to a spouse must be commensurate with the actual status and necessities of the spouses and merely because the wife had meagre financial means would not be a justification to restrict the amount granted.

Service Tax Liability Cannot Be Fastened On Implementation Of Govt Projects: Calcutta High Court

Case title: Commissioner Of Service Tax Kolkata Vs M/S Electrosteel Castings Limited

Citation: 2025 LiveLaw (Cal) 9

The Calcutta High Court has held that construction of canals/ pipelines/ conduits to support irrigation, water supply or for sewerage disposal, when provided to the Government, cannot be exigible to service tax.

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya relied on two Circulars issued by the Central Board of Indirect Taxes and Customs to observe,

“Even in case of works contract, if the nature of the activities is such that they are excluded from the purview of commercial or industrial construction services, or erection, commissioning or installation services, then they would generally remain excluded from this taxable service as well. These circulars are sufficient indication to hold that when the Government projects are being implemented, the service tax liability cannot be fastened.”

Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release

Case: Afzal Khan @ Fazo @ Afjal Khan & Anr. Versus Siddhartha Kanjilal, WBCS (Exe), Principal Secretary, Judicial Department, Government of West Bengal.

Citation: 2025 LiveLaw (Cal) 10

The Calcutta High Court has directed the release of a prisoner who was left languishing in jail after the authorities were unable to find the proper paperwork to allow for his premature release, which had been earlier granted.

Justice Shampa Sarkar said: The Judicial Department is unable to locate the file and the applicant No.1 is languishing in the correctional home despite an informed-decision of the Stage Sentence Review Board recommending premature release of the applicant No.1, which was directed to be complied with by a coordinate Bench and the Judicial Department was directed to complete the formalities by according approval.

'West Bengal Is A Very Tolerant Society': High Court On Plea Seeking To Stop Protest Near State Secretariat Due To 'Gangasagar Mela'

Case: BHARAT KUMAR MISHRA VS STATE OF WEST BENGAL AND ORS.

Citation: 2025 LiveLaw (Cal) 11

The Calcutta High Court on Thursday disposed of a plea which sought to prevent a protest near the state secretariat against the brutal rape and murder of a trainee doctor at RG Kar Medical College and Hospital. The petitioner claimed that he was an authorised representative of the committee who organise the annual Gangasagar Mela, and that pilgrims after completing their visit to Gangasagar would be visiting the Kali temple in Kolkata to complete their pilgrimage.

Calcutta High Court Dismisses PIL Seeking Regulations Over Coaching Centres In West Bengal, Directs Party To Approach State Authorities

Case: GOVERNMENT AIDED TEACHERS AND NONTEACHING STAFF WELFARE ASSOCIATION AND ANR. VS UNION OF INDIA AND ORS.

Citation: 2025 LiveLaw (Cal) 12

The Calcutta High Court on Thursday dismissed a public interest litigation (PIL) seeking to regulate the functioning of coaching centres in West Bengal and for the imposition of guidelines framed by the government of India. The court instead directed the petitioners, who were a registered body, to first approach the state authorities seeking implementation of the guidelines, and for the state to consider the same within three months.

Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court

Case Title: Sri Man Mohan Kumar Shahu vs. Union of India & Ors.

Citation: 2025 LiveLaw (Cal) 13

The Calcutta High Court has held that the direction of payment of back wages is discretionary and it vests a court with the authority to consider the totality of facts and circumstances in any individual case.

A division bench comprising Justice Tapabrata Chakraborty and Justice Partha Sarathi Sen observed that no universal rule or straitjacket formula can be applied in such matters.

Availability Of Suitable Alternative Accommodation Must Be Ascertained For Just Decision In Eviction Suits: Calcutta High Court

Case Title: Bimal Chandra Sarkar & Anr. vs. Smt Dipali Dutta Roy (Paul)

Citation: 2025 LiveLaw (Cal) 14

The High Court of Calcutta in its recent judgment held that “availability of suitable alternative accommodation has to be ascertained for a just decision of a suit for eviction on the sole ground of reasonable requirement.”

Justice Bibhas Ranjan De, presiding over the case, observed, “availability of the suitable alternative accommodation has to be ascertained for just decision of a suit for eviction on the sole ground of reasonable requirement.”

[Seat vs. Venue] Designated “Seat” Of Arbitration Has Exclusive Jurisdiction: Calcutta High Court Reiterates

Case Title: Versatile Construction vs. Tata Motors Finance Ltd.

Citation: 2025 LiveLaw (Cal) 15

The Calcutta High Court bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that once the “seat” of arbitration is designated in an agreement, it is to be treated as the exclusive jurisdiction for all arbitration proceedings. The Court referred to the 'Shashoua Principle', which propounds that when there is an express designation of a "venue" and no alternative seat is specified, the venue is considered the juridical seat of arbitration.

Power To Correct Computation Error U/S 33 Of Arbitration Act Can Be Exercised Suo Moto If No Application Is Filed Within 30 Days: Calcutta HC

Case Title: Haldia Development Authority Vs M/s. Konarak Enterprise

Citation: 2025 LiveLaw (Cal) 16

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that power to correct computation error in the award under section 33 of the Arbitration Act can be exercised suo moto by the Arbitral Tribunal when no application is filed to this effect within 30 days.

Calcutta High Court Directs South Eastern Railway To Refund Additional 20% Surcharge Levied On Consignment

Case Title: Indian Oil Corporation Vs. Union of India

Citation: 2025 LiveLaw (Cal) 17

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya and Justice Uday Kumar has held that an impugned judgment passed by the Railway Claims Tribunal, Kolkata whereby the appellant's claim for refund of 20% surcharge was refused is erroneous in law and perverse.

Court said that the tribunal overlooked the obvious legal effect of the Circulars and Goods Tariff documents before it, which were the only documents which would have any bearing on the adjudication. Thus the court allowed the claim for relaxation regarding an additional 20% surcharge incorporated by the Circular.

Calcutta High Court Quashes Case Against Actress Zareen Khan Booked For Failing To Appear As Guest At Kali Puja Celebrations

Case: Zarin Momim Khan @ Zareen Khan Vs. The State of West Bengal & Anr

Citation: 2025 LiveLaw (Cal) 18

The Calcutta High Court has quashed a case against actress Zareen Khan for allegedly failing to appear in Kali Puja celebrations at various pandals across the city in 2018.

Justice Bibhas Ranjan De held: "The opposite party no. 2 herein approached the petitioner to come as a guest artist. Accordingly, this proposal was accepted by the petitioner but ultimately she committed a breach. This whole course of action, in my humble opinion at best can be termed to be a breach of contract for which admittedly a civil suit is pending. The criminal courts are not meant to be used for settling scores or pressurise parties to settle civil disputes."

Calcutta High Court Denies VHP's Plea For Setting Up Stall At International Book Fair, Says Publisher's Guild Not 'State' Under Article 12

Case: Vishva Hindu Parishad, Dakshinbanga & Anr. Vs. The State of West Bengal & Ors.

Citation: 2025 LiveLaw (Cal) 19

The Calcutta High Court has denied a plea by the Vishwa Hindu Parishad (VHP) to set up a stall at the Kolkata International Book Fair 2025.

The VHP had approached the court against the Booksellers and Publishers Guild who organised the fair and had claimed that despite being given a stall in previous years, their request for a stall was turned down by the Guild for this year's fair.

[S.12A Commercial Courts Act] Pre-Institution Mediation Is Intended To Encourage Parties To Use Litigation As Last Resort: Calcutta HC

Case Title: Asa International India Microfinance Ltd. v. Northern ARC Capital Ltd. & Anr.

Citation: 2025 LiveLaw (Cal) 20

The Calcutta High Court bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that the clear intent of Section 12A of the Commercial Courts Act, 2015 is to encourage parties to use litigation as a last resort and to resolve commercial disputes amicably, informally, cheaply and quickly under the process of mediation.