Negotiable Instruments Act, 1881—Section 148—Appeal against conviction under Section 138—Pre-deposit of 20%—Director who is not drawer/signatory of cheque—Applicability— Section 148, which empowers the Appellate Court to order deposit of a minimum of 20% of the fine or compensation, applies to an appeal by the drawer against conviction under Section 138; where the appellant-director was not the signatory of the cheque and was admittedly not the drawer, the condition of 20% pre-deposit could not be imposed upon him and the appellate order directing such deposit was set aside. [Paras 9–14] ...

A. Negotiable Instruments Act, 1881—Sections 138 and 141—Company—Director—Vicarious Liability—Specific Averments regarding Role— Mere designation as Director is insufficient to attract vicarious criminal liability under Section 141—Complaint must specifically aver that, at the relevant time, Director was in charge of and responsible to the Company for conduct of its business—General allegations regarding management of day-to-day affairs, without attribution of specific role, are insufficient—In absence of such foundational averments, continuation of prosecution against Director was held unsustainable. [Paras 16–18, 21–23] B. Negotiable Instruments Act, 1881—Sections 138 and 141—Director—Cheque—Identity of Drawer—Specific Role—Quashing ...

A. Special Marriage Act, 1954—Section 27(1)(d)—Divorce—Mental cruelty—Conduct of wife—Unsubstantiated grave allegations against husband and his family—Held, where a wife makes serious allegations such as molestation of the minor child by the mother-in-law, misappropriation of her parental property, dowry demands and forcible abortion, but fails to support such allegations by contemporaneous complaints, independent evidence, medical material or documentary proof, and her own admissions in cross-examination materially undermine those allegations, such conduct may constitute mental cruelty—In the present case, the allegations were not merely unproved but were of such a grave nature as to humiliate and seriously demean the husband and his family. [Paras 56(v), 59, 66-72] B. Special Marriage Ac...

A. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Cruelty—Irretrievable breakdown of marriage—Held: Although irretrievable breakdown of marriage is not an independent statutory ground for divorce, where the spouses lived together only for a brief period, remained separated for nearly two decades, mediation failed and there was a complete absence of any intention to resume cohabitation, the marriage had become a mere shell. In such circumstances, irretrievable breakdown constituted mental cruelty within the meaning of Section 13(1)(i-a), entitling the husband to a decree of divorce. (Paras 35 to 52) B. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Order XLI Rule 27, Code of Civil Procedure, 1908—Nullity, desertion and additional evidence—Held: Failure to prove non-consummation, desertion or cru...

A. West Bengal District Court (Constitution of Service, Recruitment, Appointment, Probation and Discipline of Employees) Rules, 2015—Rule 22(b)—Promotion to Lower Division Clerk (LDC)—Promotion vacancies must be allocated in accordance with the applicable 50-point roster—Where procedural irregularities affect vacancy allocation, the Court may direct reallocation—Reserved category candidates who are senior and otherwise eligible are entitled to be considered against unreserved vacancies on merit. [Paras 12–16] B. West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976—Rules 10(c) & 10(d)—Reserved vacancies—Carry forward of reserved vacancies is impermissible where eligible SC/ST candidates are available—Incorrect allocati...

A. Commercial Courts Act, 2015—Section 2(1)(c)(vi)—Meaning of “commercial dispute”—Development agreements and infrastructure contracts—The expression “dispute arising out of” construction and infrastructure contracts is of wide amplitude and is not confined to pure construction contracts alone—A development agreement, whose essential character concerns construction and infrastructure development, does not cease to be a commercial contract merely because it additionally confers proprietary or developmental rights, including transfer of a portion of ownership rights, upon the developer—Consequently, suits seeking cancellation of such registered development agreements or connected powers of attorney constitute commercial disputes within the meaning of Section 2(1)(c)(vi) of the Act....

A. Negotiable Instruments Act, 1881—Sections 138 and 139—Dishonour of cheque—Statutory presumption—Rebuttal—Legally enforceable debt—Held: Admission of the drawer's signature on the cheque gives rise to the statutory presumption under Section 139 that it was issued in discharge of a legally enforceable debt or liability. However, the presumption is rebuttable, and where the accused establishes a probable defence by exposing serious deficiencies in the complainant's evidence regarding the loan transaction and financial records, the burden shifts back to the complainant to independently prove the existence of the legally enforceable debt. Failure to establish the foundational transaction entitles the accused to acquittal notwithstanding the admitted execution of the cheque. (Paras 13 to 21) B. ...

A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Ss.4, 5 & 9—Claim for Maintenance by Senior Citizens—The provisions of the Act are attracted only where parents or senior citizens are unable to maintain themselves from their own income or property—Where financial self-sufficiency is admitted, an order directing payment of monetary maintenance is unsustainable and liable to be set aside. [Paras 39-41] B. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—S.4—Duty of Children towards Parents—Though no statutory liability to provide financial maintenance arises when parents are economically independent, children continue to owe a moral and filial duty to ensure the proper care, treatment, and healthcare of their aged parents. [Para 41] C. Maintenance Proceed...

A. Tender Process—Judicial Review—Scope of Interference—A tender condition mandating supply of coke breeze through railway rakes cannot be interfered with in the absence of arbitrariness, mala fides, or discrimination—Such a condition, being founded on operational efficiency, safety, quality control, and continuity of production, is legally sustainable. [Paras 23, 25, 30, 33] B. Tender Process—Eligibility Criteria—Supply by Rail—The requirement of transportation through railway rakes is a reasonable condition intended to ensure uninterrupted supply, prevent pilferage, and maintain the quality of materials—The restriction does not violate Articles 14 or 19(1)(g) of the Constitution and is justified in public interest. [Paras 24, 28, 29] C. Judicial Review—Tender Matters—Defe...

A. Indian Penal Code, 1860—S.306—Discharge—Scope of Interference—In a revisional application under Section 482 read with Sections 397/401 Cr.P.C., the Court held that at the stage of framing of charges, a meticulous appreciation of evidence or a mini-trial is impermissible—Where sufficient prima facie material exists, the accused must face trial. [Paras 13-14] B. Criminal Procedure Code, 1973—S.156(3)—Delay in Filing Complaint—Mere delay of two months in filing the complaint and alleged non-compliance with Section 154(3) Cr.P.C—do not warrant quashing of proceedings when the materials on record disclose prima facie ingredients constituting an offence under Section 306 IPC. [Paras 14-15] C. Indian Penal Code, 1860—S.306—Abetment to Suicide—Mens Rea—The exis...