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. 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...

A. Indian Penal Code, 1860—S.498A—Cruelty by Husband—Conviction—Evidence relating to marital discord, harassment, allegations of illicit relationship, and dissatisfaction over the birth of female children stood corroborated by prosecution witnesses—Minor contradictions and inconsistencies in testimony do not demolish the prosecution case when the core allegations remain established—Conviction under Section 498A IPC was rightly affirmed. [Paras 6-19] B. Indian Penal Code, 1860—Ss.498A & 306—Acquittal under S.306 and Conviction under S.498A—Mere acquittal under Section 306 IPC does not preclude conviction under Section 498A IPC where the ingredients of cruelty are independently proved—The death was found to be suicidal and ante-mortem, and no challenge was raised against the...

A. Limitation Act, 1963—Articles 54 & 47—Recovery of Money—Commencement of Limitation—The period of limitation for a suit seeking recovery of money commences from the date on which performance is refused or the consideration fails—Where an agreement is terminated and a demand for refund is made within a stipulated period, such termination and failure to refund constitute the relevant starting point for computing limitation—A suit instituted within three years thereof is not barred by limitation. [Paras 10, 12, 13] B. Specific Relief Act, 1963—Breach of Agreement for Sale—Admission of Liability—Where the defendants, in their written statement, admit receipt of the consideration amount, and the plaintiffs substantiate their claim through oral and documentary evidence, the court is...

A. Public Premises (Eviction of Unauthorised Occupants) Act, 1971—Sections 2(e) & 2(g)—Public Premises and Unauthorised Occupation—Premises owned by a Port Trust constitute "public premises" under the Act—Continued occupation after termination of lease amounts to unauthorised occupation, irrespective of possession having commenced prior to the enactment of the Act—Eviction proceedings under the 1971 Act are maintainable. [Paras 27–33] B. Public Premises (Eviction of Unauthorised Occupants) Act, 1971—Overriding Effect—The Public Premises Act, being a special statute providing a summary mechanism for eviction from public premises, overrides the provisions of State Rent Control laws—The exception recognised in Suhas H. Pophale stands overruled in view of the Constitution ...

Negotiable Instruments Act, 1881—Sections 138 & 142—Cheque Dishonour—Appeal against Acquittal—Alleged personal loan—Issuance of cheque admitted—Statutory presumption under Sections 118 and 139 initially attracted—Complainant failed to establish existence of a legally enforceable debt or liability—No specific date, manner or particulars of loan transaction disclosed—No documentary evidence or agreement regarding advancement of loan—Witness failed to support the alleged transaction—Demand notice not proved to have been duly served—Accused consistently denied availing any loan and rebutted the statutory presumption on the touchstone of preponderance of probabilities—Held, evidential burden stood successfully discharged by the accused and complainant failed to p...