Partition Decree Becomes Executable Only After Stamp Duty Is Paid; Decree Holder Can Recover Amount From Co-Sharers: Calcutta High Court

The Calcutta High Court has held that a final decree in a partition suit cannot be fully executed unless it is duly engrossed on stamped paper upon payment of the requisite stamp duty, observing that compliance with the Stamp Act is a condition precedent for execution. At the same time, the Court clarified that to avoid delay in enforcement, the decree holder may deposit the entire stamp duty for the whole property and subsequently recover proportionate shares from the other co-sharers.Justice...

Contempt Court Cannot Grant Fresh Relief Beyond Original Order; Compliance With Direction Ends Contempt: Calcutta High Court

Observing that contempt jurisdiction is meant to secure compliance with court orders and not to grant fresh or additional reliefs, the Calcutta High Court has held that once authorities implement a writ direction to mutate names in land records, petitioners cannot seek further corrections such as change in the nature or character of the land through contempt proceedings. The Court emphasised that contempt powers are supervisory and punitive in nature and cannot be used to enlarge the scope of...

Civil Dispute Over Title Cannot Shield Allegations Of Forgery; Criminal Probe Must Continue: Calcutta High Court Refuses To Quash FIR

The Calcutta High Court has held that the mere pendency or dismissal of civil proceedings over property title does not bar criminal prosecution where serious allegations of forgery, fabrication of public records, and conspiracy are disclosed. Refusing to quash an FIR alleging use of a forged 1963 sale deed to grab land and secure bank loans, the Court observed that questions relating to genuineness of documents and criminal intent must be investigated and cannot be short-circuited under Section...

Last Seen Theory Alone Insufficient, Extra-Judicial Confession Before Police Weak: Calcutta High Court Acquits Man In Wife's Murder Case

Observing that suspicion, however strong, cannot substitute proof beyond reasonable doubt, the Calcutta High Court has set aside the conviction of a man accused of murdering his wife, holding that the prosecution failed to establish a complete and reliable chain of circumstantial evidence. The Court ruled that the “last seen together” theory by itself is a weak piece of evidence and cannot form the sole basis of conviction, particularly where there are gaps in the timeline and lack of...

Conviction For Damaging Public Property Cannot Stand Without Seizure, Identification Or Proof Of Damage: Calcutta High Court

Observing that a criminal conviction under the Prevention of Damage to Public Property Act cannot rest solely on oral testimony when the prosecution fails to seize, produce or otherwise prove the existence of the allegedly damaged property, the Calcutta High Court Circuit Bench at Port Blair has set aside the conviction of a man accused of vandalising equipment at a government hospital...

Tsunami Relief Can't Be Denied To Farming Company Solely For Being Corporate Entity: Calcutta HC Orders Andaman Admin To Pay Compensation

The Calcutta High Court Circuit Bench at Port Blair has set aside an order rejecting tsunami compensation to Andaman Plantations and Development Corporation Pvt. Ltd., holding that relief under the Tsunami Rehabilitation Package cannot be denied merely because the claimant is a company and not an individual farmer. The Court directed the Andaman and Nicobar Administration to reassess and pay admissible compensation in accordance with the applicable policy within twelve weeks.Justice Apurba Sinha...

Demolition Order Cannot Be Challenged Directly Under Article 226 When Statutory Appeal Is Available: Calcutta High Court

The Calcutta High Court Circuit Bench at Port Blair has held that a demolition order passed by a municipal authority cannot be directly challenged under Article 226 of the Constitution when an effective statutory appellate remedy is available, observing that the competent officer had passed a reasoned order after granting a hearing to all stakeholders. Justice Apurba Sinha Ray dismissed a writ petition filed by Smti. Kishori Bala Das challenging a demolition direction issued by the Executive...

Vague Allegations & Contradictory Testimony Cannot Sustain Conviction: Calcutta High Court Acquits Man In 2005 Assault Case

The Calcutta High Court has held that a criminal conviction cannot be sustained on the basis of vague and omnibus allegations without any specific role attributed to the accused, especially where independent witnesses do not support the prosecution and material contradictions exist regarding the manner and place of occurrence.Allowing a criminal revision petition, Justice Ajay Kumar Gupta set aside the concurrent findings of the Trial Court and the Appellate Court which had convicted a man under...

Accused Has No Right To Be Heard On Mode Or Agency Of Investigation; Cannot Seek Impleadment In Writ Seeking Probe: Calcutta High Court

Observing that an accused has no right of audience in matters concerning the manner or mode of investigation, the Calcutta High Court has dismissed applications seeking impleadment in a writ petition filed for investigation into alleged police inaction and collusion. The Court held that neither a complainant in a separate FIR nor persons who are merely prospective accused can insist on being added as parties at the investigation stage.Justice Suvra Ghosh clarified that criminal law does not...

Calcutta High Court Monthly Digest: January 2026

Nominal IndexS.K.M. Timber Private Limited v. Superintendent of Central Tax, Burrabazar Division, Kolkata North CGST & CX Commissionerate and others Citation: 2026 LiveLaw (Cal) 1Shri Manoj Kumar Verma v. Union of India & Ors. Citation: 2026 LiveLaw (Cal) 2Sajal Dutta v. Reserve Bank of India and Ors. Citation: 2025 LiveLaw (Cal) 3Equate Petrochemical Company K.S.C.C. v....

Criminal Conviction Under Essential Commodities Act Cannot Rest On Stock Measurement Done With 'Stick': Calcutta High Court

Observing that a criminal conviction cannot rest on doubtful stock measurement done with a stick and unsupported by reliable independent witnesses, the Calcutta High Court has set aside the conviction of a petrol pump operator under the Essential Commodities Act, holding that the prosecution failed to prove violation of stock and display requirements beyond a reasonable doubt.Justice Chaitali Chatterjee Das allowed a criminal appeal filed by Bidhi Chand Chowrasia and overturned the 1992...

Demand & Acceptance Of Bribe Must Be Proved; Recovery Not Enough: Calcutta High Court Upholds Acquittal Of Revenue Officer Over ₹5K Bribe

Reiterating that proof of both demand and acceptance of illegal gratification is sine qua non for conviction under the Prevention of Corruption Act, the Calcutta High Court (Circuit Bench at Port Blair) has upheld the acquittal of a Revenue Officer accused of accepting a ₹5,000 bribe for processing a land mutation application.Justice Apurba Sinha Ray dismissed the State's appeal...