Important Calcutta High Court Judgments April 2019

Code of Civil Procedure, 1908 - Section 24 and Order 32 Rule 15 - Application for Transfer of a Matrimonial Suit - Suits by or against minors and persons of unsound mind - The Court conducting trial in connection of matrimonial suit should be the competent authority to ascertain the extent of mental sufferings of the petitioner/wife in connection with a proceeding praying for divorce, otherwise there will be conflicting decisions or the findings of the proceeding may affect the ultimate decision of pending matrimonial suit. In connection with a prayer for proposed transfer simplicitor under Section 24 CPC, there lies least scope for a superior Court to conduct an enquiry itself as contemplated in Rule 15 of Order 32 CPC which is the prerequisite to ascertain the level of mental injury causing thereby to develop the mental infirmity. Subhasis Dasgupta, J. Susmita Pramanik v. Bhaktipada Pramanik, C.O. No. 3605 of 2017 03-04-2019

Code of Civil Procedure, 1908 - Order VI Rule 17 - Amendment of Pleadings - the expression “commencement of trial” in the proviso to Order VI Rule 17 of the Code of Civil Procedure would imply the date when the court first applies its mind after the affidavit of evidence is filed and when the first witness proves his affidavit of evidence or such witness seeks to prove a document for it to be tendered in evidence or the cross-examination of such witness begins, whichever is earlier. Sanjib Banerjee & Suvra Ghosh, JJ. Basudeb Das v. Malati P. Soni, C.O. No. 2868 of 2017 02-04-2019

Criminal Law - Jurisdiction of the criminal Court is not permissible to be invoked for enforcement of breach of promise of an agreement. Civil Court is there to provide adequate remedy having taken care of the violation of the terms of agreement, if there be any, in accordance law. Subhasis Dasgupta, J. Suvra Dey v. State of West Bengal, C.R.R. No. 3280 of 2018 01-04-2019

Examination - Answer Key - Teacher Eligibility Test (TET) - the Secretary, West Bengal Board of Primary Education to award marks to the petitioner/petitioners who attempted the wrong question/options in the key answers of JGB question booklet series. After awarding marks if it is found that the petitioner/petitioners is/are other wise eligible to give appointment to the post of Assistant Teacher/Teachers then the Secretary is further directed to take steps to give appointment to the petitioner/petitioners in accordance with law. Samapti Chatterjee, JPriyanka Giri v. State of West Bengal, W.P. No. 13499 of 2017 01-04-2019
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