Section 141 NI Act Inapplicable To Sole Proprietorships; Family Members Can't Be Prosecuted As 'Partners': Calcutta High CourtCase: PRAKASH SHARMA -VS- M/S. VISION CELL (PVT.) LTD. Citation: 2026 LiveLaw (Cal) 313The Calcutta High Court has held that the vicarious liability provision under Section 141 of the Negotiable Instruments Act, 1881 cannot be invoked against family members of...
Section 141 NI Act Inapplicable To Sole Proprietorships; Family Members Can't Be Prosecuted As 'Partners': Calcutta High Court
Case: PRAKASH SHARMA -VS- M/S. VISION CELL (PVT.) LTD.
Citation: 2026 LiveLaw (Cal) 313
The Calcutta High Court has held that the vicarious liability provision under Section 141 of the Negotiable Instruments Act, 1881 cannot be invoked against family members of the proprietor of a sole proprietorship concern, reiterating that a sole proprietorship has no separate legal identity and is outside the ambit of the provision.
Case Title: Md. Ayan Nawaz v. Election Commission of India & Ors.
Citation: 2026 LiveLaw (Cal) 314
The Calcutta High Court recently directed the Special Intensive Revision (SIR) Appellate Tribunal to expeditiously decide the appeal of a Ph.D. aspirant whose admission to the Indian Institute of Technology (IIT), Kanpur had allegedly been stalled after his name was struck off the electoral roll.
Case Title: Poulami Tarafdar (Saha) v. Dibesh Saha
Citation: 2026 LiveLaw (Cal) 315
The Calcutta High Court has held that while a father may voluntarily create a fixed deposit to secure the future of his child, such a deposit cannot be treated as a substitute for monthly maintenance. At the same time, if monthly maintenance is ultimately awarded, the father cannot be compelled to continue the fixed deposit in addition to making periodic maintenance payments.
Case: Anna Sing @ Anan Singha VS Smt. Saswati Mallick
Citation: 2026 LiveLaw (Cal) 316
The Calcutta High Court has held that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be invoked to evict a tenant in a landlord-tenant dispute, observing that such disputes must be adjudicated under the applicable tenancy laws before the competent civil court.
Case: Abhishek Banerjee v State of West Bengal
Citation: 2026 LiveLaw (Cal) 317
The Calcutta High Court on Wednesday dismissed Trinamool Congress MP Abhishek Banerjee's plea seeking permission to travel abroad for eye treatment after he declined the Court's suggestion to appear before a medical board at Kolkata's SSKM Hospital to determine whether the treatment could be provided in India.
Case: Amit Kumar Agarwal Vs. Union of India, Ministry of External Affairs & Ors.
Citation: 2026 LiveLaw (Cal) 318
The Calcutta High Court has held that the mere pendency of criminal proceedings cannot be a ground for passport authorities to automatically restrict the validity of a passport to one year where the competent criminal court has permitted its renewal.
Case: Amit Roy v State of West Bengal
Citation: 2026 LiveLaw (Cal) 319
The Calcutta High Court on Thursday dismissed as premature a public interest litigation challenging the constitutional validity of the West Bengal Goonda Control Bill, after the State submitted that the legislation has not yet been notified and has therefore not come into force.
Case: Sk. Rafijul @ Tutul v. State of West Bengal with Ukil Ali @ Akil Ali v. State of West Bengal (CRA (DB) 54 of 2024 & CRA (DB) 74 of 2024)
Citation: 2026 LiveLaw (Cal) 320
The Calcutta High Court has set aside the conviction of two men in a 2014 minor rape and murder case, ruling that the trial court wrongly relied on the alleged extra-judicial confession of a juvenile co-accused to convict them. While finding that the prosecution had failed to establish a complete chain of circumstantial evidence, the Court also accepted the plea of juvenility raised by one of the appellants and held that his trial before a Sessions Court was without jurisdiction.
Case: PARTHA SARATHI TRIPATHY -VS- STATE OF WEST BENGAL & ORS.
Citation: 2026 LiveLaw (Cal) 321
The Calcutta High Court has quashed criminal proceedings against the manager of a dairy manufacturing company in a case concerning lassi allegedly found to be contaminated with E. coli and coliform bacteria, holding that the manager could not be proceeded against vicariously when the manufacturing company itself had not been arraigned as an accused.
Case: KUNAL KUMAR GHOSH VS STATE OF WEST BENGAL AND ORS.
Citation: 2026 LiveLaw (Cal) 322
The Calcutta High Court has dismissed a petition filed by Trinamool Congress MLA Kunal Ghosh seeking directions to the West Bengal Assembly Speaker to allow him to participate in debates and raise objections on Bills introduced in the House.