Hindu Marriage Act, 1955 - Section 13 - Divorce - Mental cruelty - Appeal against dismissal of divorce petition - Appellant alleged mental cruelty, long desertion, and a divorce agreement reached in a community Panchayat - Lower court dismissed the case citing lack of admissible evidence - High Court held that denying sexual intercourse without sufficient reason amounts to mental cruelty - Uncontroverted evidence supported the appellant's case - Hyper-technical approach of the lower court criticized - Divorce decree granted. [Para 1, 2, 3, 4, 8, 10, 11, 14, 15, 19, 20]

Mental cruelty - Illustrations - Conduct adversely affecting the other spouse's mental health and rendering continued living together harmful - Instances include sustained abusive and humiliating treatment, indifference and neglect, sustained reprehensible conduct, and refusal to have intercourse without valid reason - Appellant's case of mental cruelty established. [Para 16, 17]

Admissibility of evidence - Photocopies - Lower court's dismissal on the ground of photocopies not admissible as evidence criticized - Uncontroverted evidence considered by the High Court. [Para 14]

Breakdown of marriage - Complete breakdown of marriage due to the respondent's conduct and refusal to discharge marital obligations - No reasonable expectation of resuming married life - Divorce granted to the appellant. [Para 18, 20]

Criminal Law – Quashing of FIR – Heinous Offences – Petition to quash FIR for rape under Section 376(2)(n) IPC on the basis of compromise between the parties – Prosecutrix claimed allegations were made in a fit of anger – Court held that FIRs involving serious offences like rape cannot be quashed even if a compromise is reached – Petition dismissed. [Para 12-13]

False Allegations – Responsibility of Courts – Courts must ensure that proceedings under Section 182 IPC are initiated against complainants who turn hostile – Directions issued for disciplinary action against police for submitting frivolous charge-sheets. [Para 15]

Decision – Petition Dismissed – FIR for rape cannot be quashed on the basis of compromise due to the serious nature of the offence – Directions for initiating proceedings under Section 182 IPC where false allegations are made. [Para 16-17]

Motor Accident Claims - Compensation - Enhancement of - Appeal against the award granted by the Motor Accident Claims Tribunal - Claimants sought enhancement of compensation on the grounds of loss of estate, incorrect deduction for personal expenses, and low interest rate - Major sons of the deceased not entitled to compensation based on legal precedents - Only the widow and mother considered as dependents - Tribunal's deduction for personal expenses upheld - Compensation awarded by the tribunal found to be just and fair - Shortfall in amount awarded for loss of estate within permissible limits - No case made for interference with the award - Appeal dismissed. (Para No. 3,8,11,12)

Motor Accident Claims - Compensation - Enhancement of - Appeal against the award granted by the Motor Accident Claims Tribunal - Claimants sought enhancement of compensation on the grounds of loss of estate, incorrect deduction for personal expenses, and low interest rate - Major sons of the deceased not entitled to compensation based on legal precedents - Only the widow and mother considered as dependents - Tribunal's deduction for personal expenses upheld - Compensation awarded by the tribunal found to be just and fair - Shortfall in amount awarded for loss of estate within permissible limits - No case made for interference with the award - Appeal dismissed. (Para No. 3,8,11,12)

Rent Control Law – Provisional Assessment of Arrears – Revision Petition against the dismissal of execution petition for arrears of rent – Tenant failed to pay arrears on the adjourned date due to a "no work day" observed by lawyers – Court held that nothing precluded the tenant from paying/depositing arrears despite the "no work day" – Petition dismissed. [Para 7-9]

Tenant’s Responsibility to Pay Rent – Analysis – Tenant argued that the non-payment was due to the lawyer's absence on the "no work day" – Court found this argument unconvincing, noting that modern communication means could have been used to inform the tenant – Tenant had ample opportunity to appear and pay or note the next hearing date. [Para 6-7]

Decision – Revision Petition Dismissed – The impugned orders by the Rent Controller and Appellate Authority were upheld as legally sound – Tenant’s failure to pay arrears justified the eviction order. [Para 9]

Arbitration Law – Calculation of Interest – Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 – Revision petition filed to challenge the dismissal of an execution petition regarding the calculation of interest – Petitioner claimed interest on the interest pendente lite – Court held that the interest awarded under Section 31(7)(a) partakes the character of the principal sum for the purpose of calculating interest under Section 31(7)(b) – Revision petition allowed, impugned order set aside.

Calculation of Interest on Arbitral Award – Analysis – The interest awarded up to the date of passing of the award becomes part of the principal sum – This sum includes both the original principal and the interest awarded under Section 31(7)(a) – Supreme Court precedents establish that for the purpose of post-award interest calculation under Section 31(7)(b), the 'sum' includes the interest awarded under Section 31(7)(a).

Decision – Revision Petition Allowed – The impugned order dismissing the execution petition is set aside – The execution court is directed to proceed from the stage at which the impugned order was passed – Clarification provided that the awarded interest partakes the character of the principal sum.

Criminal Procedure – Quashing of FIR – Multiple FIRs on the same cause of action – Petitioners challenged FIR No. 226 of 2015, citing it was on the same cause of action as an earlier FIR No. 166 of 2009 in which they were not charge-sheeted – Petitioners claimed the subsequent FIR was motivated – High Court examined the responsibility under the development agreement and found the new FIR did not disclose a prima facie case against the petitioners – FIR quashed and subsequent proceedings nullified [Paras 1-20].

Section 401A of the Kolkata Municipal Corporation Act – Scope and Application – Court noted that not every breach of the Act or Rules in building construction would invoke criminal liability under Section 401A – The breach must endanger or likely endanger human life or property – Complaint must contain prima facie evidence of specific violations causing such endangerment – In the absence of adequate supporting materials, such complaints cannot proceed to trial [Paras 11-18].

Prima Facie Case – Insufficient Evidence – The engineers' report, forming the basis of the FIR, lacked detailed supporting material – The Court emphasized the need for complaints to be substantiated with objective evidence, failing which it would amount to an abuse of the process of Court [Paras 15-18].

Decision – Criminal revision allowed – FIR and subsequent proceedings quashed – High Court mandated adherence to proper procedures and evidentiary standards in lodging complaints under Section 401A [Para 19-21].

Negotiable Instruments Act, 1881 - Section 138 - Offence of Dishonour of Cheque - Compounding of Offences - Consent of Complainant - Dishonour of Cheque - Petitioners filed an application for compounding of the offence under Section 138 of the Negotiable Instruments Act, 1881 - Lower courts dismissed the application for compounding - Petitioners contended that they were willing to pay the entire cheque amount - Whether the offence can be compounded without the consent of the complainant - Whether the court can permit compounding solely on a unilateral application of the accused - Held, without the consent of the complainant, compounding of the offence cannot be permitted - Judgments cited by the petitioners did not support their claim for compounding without the complainant's consent - Conduct of the petitioners, who owed a substantial amount and had issued multiple dishonoured cheques, was relevant - Petition dismissed.

Anticipatory Bail - Petitions filed by two different individuals - Same FIR, arising out of the same occurrence - Allegations of obscene videos and objectionable photographs circulated on complainant's Instagram ID - Petitioners denied involvement in publishing or transmitting the material - Pre-registration inquiry indicated complainant's involvement in creating the video - Investigating Officer implicated petitioners after the registration of the FIR - Petitioners argued they were not properly served with notices under Section 41-A Cr.P.C. - Maximum sentence for offense is five years - Custodial interrogation sought by prosecution - Court directed petitioners to join investigation, hand over mobile phones, and cooperate fully - Grant of anticipatory bail subject to certain conditions - Petitioners warned against violating bail conditions - Photocopy of judgment ordered to be placed on the file of connected matter.