Public Exchequer Funds With Official Liquidator Cannot Be Used For Employee Welfare: Calcutta High Court

The Calcutta High Court bench of Justice Krishna Rao has held that using funds from the Official Liquidator's Establishment Charges Account for medical or terminal benefits is generally impermissible, as these funds are earmarked for administrative and operational costs related to the liquidation process—such as legal fees, publication expenses, and office overheads—not employee welfare or benefits.Brief Facts:The present application has been filed under Rules 308 and 309 of the Companies...

Rectification In Date Of Birth Of Employee Cannot Be Allowed When Age Is Determined Through Statutory Process: Calcutta High Court

The Calcutta High Court bench of Justice Aniruddha Roy has held that when the statutory process has been properly followed, any perceived procedural error or misapplication of law does not amount to a bona fide or clerical mistake. In the present case, as the petitioner's age was determined in accordance with the regulations applicable at the time of his appointment, the rejection of his request to rectify the date of birth cannot be considered illegal.Brief Facts:The petitioner, a Group C...

[IPC 304B] Wife Was At Parents' Home Days Before Death, No Link Between Harassment & Death: Calcutta High Court Sets Aside Conviction

The Calcutta High Court bench of Justice Prasenjit Biswas has held that to convict a person under Section 304B of the Indian Penal Code (IPC), it must be conclusively proven that the deceased wife was subjected to cruelty or harassment in connection with a dowry demand soon before her death. If there is a significant gap between the alleged cruelty or harassment and the death, the essential link required for a dowry death is broken, and the accused cannot be held liable under this...

Assessee Can Seek Refund Of Unutilised ITC In Personal Bank Account If Business Is Shut Down: Calcutta High Court

Calcutta High Court recently directed the proper officer under the GST Act to consider ordering refund of the unutilised ITC of an Assessee to his personal bank account, as his business was closed and its GST registration stood cancelled.The Petitioner was aggrieved by a direction of the proper officer, though allowing the refund sanction to the tune of Rs. 68,66,238/- but, directing the...

Adverse Remarks On Employee's Integrity Must Be Based On Conclusive Evidence In Disciplinary Proceedings : Calcutta High Court

A Division bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty & Justice Reetobroto Kumar Mitra held that adverse remarks on an employee's integrity must be based on conclusive findings in disciplinary proceedings, and a person who has earned reputation cannot be ousted through imposition of a stigma on the basis of perverse findings. Background Facts...

Calcutta High Court Directs RG Kar Victim's Parents To Approach Trial Court Seeking Permission For Counsel To Visit Crime Scene

The Calcutta High Court has directed the parents of the trainee doctor who was raped and murdered at Kolkata's RG Kar hospital to approach the Trial Court seeking permission for their newly engaged counsel to visit the scene of occurence, barring the seminar room where the incident took place.Justice Tirthankar Ghosh directed the parties to approach the trial court upon noting that the...

Employee Transferred From Central Govt Scheme To State University Sanctioned Post, Not Objected By State Govt, Can't Be Denied Retiral Benefits : Calcutta HC

A Division Bench of the Calcutta High Court comprising of Justice Soumen Sen and Justice Smita Das De held that an employee transferred from central government scheme to state university sanctioned post without any objections from the state Government at the time of transfer, can't be denied retiral benefits. Background Facts The respondent was appointed as a Field Assistant Grade-II...

Calcutta High Court Commutes Death Penalty Of Man Who Raped Minor, Burned Her Dead Body

The Calcutta High Court on Tuesday (June 24) commuted the death penalty awarded to a man convicted for the rape and murder of a minor girl to life imprisonment, after noting that he did not have any criminal antecedents or past unsocial behaviour and was of "advanced age of 58 years". The court however upheld the conviction of the appellant by the trial court, observing that...

Eden Gardens Not A 'Public Street', Imposing Ad Tax Without Regulations Violates Rule Of Law: Calcutta High Court Quashes Demand Notice

The Calcutta High Court bench of Justices Arijit Banerjee and Justice Kausik Chanda has held that without framing Regulations or without the budget estimate prescribing the rates at which advertisement tax may be levied by Kolkata Municipal Corporation (KMC), computation and imposition of such tax would be arbitrary. It would have no rational basis. It would then be open to KMC to quantify...

Calcutta High Court Directs Bengal Govt To Prevent Illegal Transportation Of Elephants Outside State Borders

The Calcutta High Court has directed the West Bengal government to ensure that elephants are not taken out of the state in an illegal manner.Justices Ravi Kishan Kapur and Arindam Mukherjee were taking up a matter concerning three elephants who had been taken out of the state illegally and had been taken across the border to Bihar.In directing the authorities to repatriate the elephants,...

RG Kar Victim's Parents Move Calcutta High Court Seeking Permission For Counsel To Visit Crime Scene

Parents of the trainee-doctor who was brutally raped and murdered at Kolkata's RG Kar hospital have moved the Calcutta High Court seeking an urgent hearing in the ongoing case before the High Court and permission for their counsel to visit the scene of occurence on the hospital premises.The petitioner's counsel Phiroze Edulji approached a bench of Justice Tirthankar Ghosh seeking that the...

Calcutta High Court Directs Authorities To Consider Applicant's Transgender Identity Card For Passport Application

In a significant ruling, the Calcutta High Court has directed the Regional Passport Office, Kolkata to consider the petitioner's application for a new passport along with her transgender identification card.Justice Amrita Sinha held: "The petitioner shall take steps in accordance with law for the purpose of obtaining the passport. The transgender identity card of the petitioner shall be...