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Calcutta High Court Monthly Digest: February 2026
Citations: 2026 LiveLaw (Cal) 29 to 2026 LiveLaw (Cal) 119'Second Complaint On Same Matrimonial Incident Unsustainable, Abuse Of Process': Calcutta High Court Quashes S.498A IPC CaseCase Title: Asish Bera & Ors. v. State of West Bengal & Anr.Citation: 2026 LiveLaw (Cal) 29Observing that a second criminal proceeding on the “self-same incident” with identical allegations cannot...
Probate Court Cannot Decide Title Disputes; Person Challenging Testator's Ownership Is Stranger To Proceedings: Bombay High Court
The Bombay High Court has held that questions relating to title or ownership of property cannot be adjudicated in probate proceedings and that a person who challenges the testator's title to the property bequeathed under a will is a stranger to probate jurisdiction. The Court observed that probate proceedings are confined to examining the genuineness and due execution of the will, and any...
Liquor Policy Case: Delhi High Court Grants Time To Arvind Kejriwal, Others To Respond To ED's Plea For Expunging Adverse Remarks
The Delhi High Court on Thursday (March 19) granted time to AAP leaders Arvind Kejriwal, Manish Sisodia and others to respond to ED's plea seeking expunging of certain adverse observations made by a Special Court while discharging all in the excise policy corruption case.Justice Swarana Kanta Sharma granted time to all the accused persons after a request was made by their counsel. ASG SV...
Civil Court Can Use Section 151 CPC To Dismiss Suit As Infructuous If Cause Of Action Ceases: Bombay High Court
The Bombay High Court has held that a civil court can exercise its inherent jurisdiction under Section 151 of the Code of Civil Procedure, 1908, to dismiss a suit as infructuous when subsequent events render the original cause of action non-existent. The Court observed that it is the duty of the court to terminate infructuous litigation, and it cannot retain such suits merely to preserve...
Service Benefits Accrued Cannot Be Denied Post-VRS; Ex-Employees Entitled To Arrears: Calcutta High Court
The Calcutta High Court has held that employees who accepted voluntary retirement cannot be denied the benefit of a retrospective pay revision that accrued during their service, observing that such benefits constitute a vested right which survives retirement. Deciding writ petitions filed by ex-employees of Burn Standard Company Limited, Justice Rai Chattopadhyay ruled that once a pay revision...
“I've Been Taken For A Ride”: Madras HC Judge On State Seeking Stay Of Thiruparankundram Contempt Proceedings After Taking Adjournment
The Madras High Court has criticised the State government for seeking a stay of the contempt proceedings initiated against its officials in connection with the Thiruparankundram Karthigai Deepam lightning case. Justice GR Swaminathan noted that the State had previously sought an adjournment in the contempt plea, stating that it would deliberate on the Court's suggestion to name 5...
AP High Court Declines Father's Plea For DNA Test Of Children To Prove Alleged Adultery By Wife In Divorce Case
The Andhra Pradesh High Court has dismissed a man's plea seeking DNA testing of his two children in order to prove if his wife had committed adultery, in connection with an ongoing marital dispute.Initially, the petitioner had filed for dissolution of his marriage with his wife (respondent) on the ground of desertion under Section 13(1)(ib) of Hindu Marriage Act. Meanwhile, the petitioner...
Contributory Negligence | Vehicle Suffering Higher Damage In Accident Doesn't Mean Its Driver Was Speeding: Gujarat High Court
The Gujarat High Court has said that merely because a motorcycle suffers damage at "higher scale" in an accident would not mean that the motorcyclist was travelling at a higher speed. The court made the observation while hearing an appeal moved by the deceased's kin challenging an order which held there was 20% contributory negligence attributable to the deceased. Justice JL Odedra in his...
Madras High Court Dismisses Plea To Ban Pre-Poll Alliance Between Political Parties
The Madras High Court has dismissed a plea seeking directions to the Election Commission of India to ban pre-poll alliances between political parties. The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan remarked that a direction could not be issued to the ECI to restrict parties from forming pre-poll alliances. The bench also noted that its Madurai bench had...
Order Passed By Judge On A Subject Matter Beyond His Assigned Roster Is Illegal: Orissa High Court
The Orissa High Court has recently held that an order passed by a Judge [of High Court] on a subject matter, which is not included in the roster/determination set by the Chief Justice, is per se illegal as usurpation of power without the authority of the Master of the Roster, i.e. the Chief Justice, is impermissible.Clarifying the effect of such judicial overstepping, the Division Bench of...
Victim And Convict Belonging To Same Village Not By Itself Ground To Deny Parole: Rajasthan High Court
The Rajasthan High Court has held that denying the benefit of parole to a convict merely because he lives in the same village and close proximity to that of the victim and thus presented potential threat, was based on conjectures, and frustrated the objective of parole. The division bench of Justice Farjand Ali and Justice Sandeep Shah observed that when a convict returned home and...
Delhi High Court Directs Tamil Media Outlet To Take Down 'Defamatory' Content Against Sadhguru's Isha Foundation
The Delhi High Court on Thursday directed Tamil media outlet Nakkheeran Publications to delete and take down defamatory content against Sadhguru's Isha Foundation.Justice Subramonium Prasad also dismissed the application filed by the publication under Order 7 Rule 11 of CPC for rejection of the defamation suit filed by Isha Foundation. “Order 7 Rule 11 dismissed. Directed to bring it...