Calcutta High Court
"Do Not Appreciate Conduct Of Administration": Calcutta High Court On BDO Halting Court-Ordered Demolition
The Calcutta High Court has strongly criticised the administration for stopping the demolition of an unauthorised construction after the period granted to the occupants for voluntarily removing the structure had expired, observing that the authorities could not have discontinued the process despite an order of the Constitutional Court directing demolition."We fail to understand how the...
Calcutta High Court Directs CBI To Probe 'Money Trail' Behind 42 Allegedly Unauthorised Buildings, Seeks KMC's Demolition Plan
The Calcutta High Court has directed the Central Bureau of Investigation (CBI) to conduct a preliminary enquiry into allegations concerning a large number of completely unauthorised multi-storeyed buildings in Kolkata, including the alleged flow of multiple crores of rupees into their construction and sale.A Division Bench comprising Chief Justice Ravindra Vithalrao Ghuge and Justice...
Calcutta High Court Upholds Jail Sentence For Building Owner Who Carried Out Unauthorised Construction Under Roof-Repair Permit
The Calcutta High Court has upheld a two-year sentence imposed on a building owner for carrying out unauthorised construction under the cover of a municipal permit that was limited to reconstruction of the roof of an existing two-storeyed structure. Justice Uday Kumar held that a permission granted specifically for “reconstruction of roofs only” could not be treated as authorisation...
'Concerned': Calcutta High Court Orders State To Reply To PIL Seeking Road Access For Students Forced To Walk On Marshland To Reach School
The Calcutta High Court has expressed concern over the lack of an access road to two schools in South 24 Parganas, observing that students were being forced to wade through marshy land to reach a newly constructed school building for midday meals.A Division Bench comprising Chief Justice Ravindra V. Ghuge and Justice Tapabrata Chakraborty made the observation while hearing a public...
LiveLaw Calcutta High Court Monthly Digest: August 2026
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...
Loan Recovery Suit May Qualify As Commercial Dispute Even Without Express Reference To Written Contract: Calcutta High Court
The Calcutta High Court has held that a suit seeking recovery of money advanced by a company cannot be summarily rejected at the threshold merely on the ground that the plaint does not expressly refer to a written agreement or mercantile document to establish that the dispute is commercial in nature.Justice Aniruddha Roy observed that where the nature and character of the financial...
Calcutta High Court Sets Aside Rejection Of Plaint, Holds Limitation Issue In Property Dispute, S.3 TPA Notice Needs Trial
The Calcutta High Court has set aside an order rejecting a plaint under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, holding that the question of limitation arising in a property dispute could not be conclusively determined from the pleadings and documents at the threshold and required adjudication after the parties were given an opportunity to lead evidence.A Division...
Calcutta High Court Restrains Authorities From Acting On Fire Dept's Notice To Vacate TMC's Camac Street Office Over Alleged Lapses
The Calcutta High Court on Thursday restrained the authorities from acting upon a notice issued by the Fire and Emergency Services Department directing the vacation of certain portions of the Trinamool Congress (TMC)'s Camac Street office over alleged fire safety violations.Justice Krishna Rao was hearing a petition filed by the TMC challenging the notices issued by the Fire Department...
Calcutta High Court Grants Anticipatory Bail To West Bengal MLA Humayun Kabir In Case Over Alleged Political Speech
The Calcutta High Court has granted anticipatory bail to Aam Janata Unnayan Party (AJUP) MLA Humayun Kabir in connection with a case registered at Rejinagar Police Station under several provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 152, observing that it did not find even prima facie ingredients of the offence under Section 152 and that there was no need for his...
Divorced Wife Can Continue To Claim Maintenance If She Has Not Remarried: Calcutta High Court
The Calcutta High Court has held that an ex parte decree of divorce obtained by a husband does not, by itself, extinguish his statutory obligation to maintain his former wife if she has not remarried and is unable to maintain herself.At the same time, the Court held that an unmarried daughter who had already attained majority before the filing of a Section 125 CrPC maintenance petition and...
In-Laws' Failure To Take Action Against Son For Allegedly Torturing Wife Is Not Cruelty: Calcutta High Court Quashes Case
The Calcutta High Court has quashed criminal proceedings under Section 498A of the Indian Penal Code against a woman's in-laws, observing that the allegations against them were general in nature and that permitting the prosecution to continue would amount to an abuse of the process of law.Justice Shampa Dutt (Paul) was hearing a criminal revision petition filed by Dr. Saibal Adhikari,...
'Money Mule' Suspicion Cannot Justify Account Freeze: Calcutta High Court Directs SBI To Defreeze Businessman's Account
The Calcutta High Court has directed the State Bank of India (SBI) to immediately defreeze a businessman's current account, holding that the Reserve Bank of India's guidelines on monitoring “Money Mules” do not specifically authorise banks to freeze accounts merely on suspicion.Justice Krishna Rao observed that although banks are required to undertake due diligence and monitor transactions...