Calcutta High Court
Father Allegedly Throwing Tennis Ball At Child During Visitation, Attempting To Take Him Away Not 'Assault': Calcutta High Court
The Calcutta High Court quashed criminal proceedings against a father accused of assaulting his minor son during a court-ordered visitation, holding that the allegations, even if taken at face value, did not disclose the essential ingredients of the offences alleged and were inherently improbable. The case arose from a matrimonial dispute where the petitioner had been granted visitation rights...
Claims Of Salary Withholding & Harassment Do Not Amuont To Defamation Without Reputational Harm: Calcutta HC
The Calcutta High Court has quashed a criminal defamation proceeding against a school Headmaster, holding that allegations relating to salary withholding, harassment, or disciplinary action—without any imputation lowering a person's reputation in the eyes of others—do not constitute an offence under Section 500 of the IPC.Justice Ajoy Kumar Mukherjee observed that “if the moral...
Exemption From Minimum Qualification For Promotion Arbitrary, Violates UGC Norms & Awards “Premium" To Illegality: Calcutta High Court
The Calcutta High Court has upheld the striking down of a recruitment rule that exempted certain in-service candidates from possessing minimum educational qualifications for promotion, holding that such relaxation was arbitrary, violative of UGC norms, and amounted to granting a “premium to illegality.” Dismissing a writ petition filed by the Union of India and the Andaman and...
“Cannot Maintain Double Standards”: Calcutta HC Pulls Up Centre For Selective Compliance Of Court Order Over Andaman DRMs Regularisation Row
The Calcutta High Court has held that the Union Government cannot selectively comply with a binding judicial decision by implementing one part of it while resisting the rest on the ground of “policy,” in a case concerning regularisation of Daily Rated Mazdoors (DRMs) in the Andaman & Nicobar Islands. Deciding an appeal in Union of India & Ors. v. Andaman Sarvajanik Nirman...
Appointing Authority Can Dismiss Employee Despite Being Appellate Authority If Higher Appeal Forum Exists: Calcutta High Court
The Calcutta High Court has held that an appointing authority is not precluded from imposing the penalty of dismissal merely because it also functions as the appellate authority, so long as a higher forum of appeal is available in the administrative hierarchy. Setting aside an order of the Central Administrative Tribunal, the Division Bench of Justice Sabyasachi Bhattacharyya and Justice...
WB Poll: Calcutta High Court Declines To Interfere In Nomination Dispute Mid-Polls, Says Remedy Lies In Election Petition
The Calcutta High Court has refused to interfere with the acceptance of a candidate's nomination during the ongoing election process, holding that such disputes must be agitated through an election petition after the polls. Disposing of a writ petition filed by an independent candidate from the 117–Rajarhat Gopalpur Assembly Constituency, Justice Krishna Rao observed that “if any order...
NDPS Act | S.37 Rigours For Bail Not Attracted To Offence For Cultivation Of 'Ganja' In Absence Of Commercial Quantity: Calcutta High Court
The Calcutta High Court (Circuit Bench at Port Blair) has granted bail to a 52-year-old cultivator accused of cultivating cannabis plants, holding that the stringent conditions under Section 37 of the NDPS Act are not attracted to offences under Section 20(a) in the absence of any commercial quantity. Justice Sabyasachi Bhattacharyya, while allowing the bail application, observed that...
Accused Must Be Released Immediately After Bail, Cannot Be Forced To File Habeas Corpus Plea: Calcutta High Court
The Calcutta High Court has cautioned the State authorities against delaying the release of accused persons despite the grant of bail, observing that such conduct undermines personal liberty.A Division Bench of Justices Sabyasachi Bhattacharyya and Smita Das De was dealing with a habeas corpus plea alleging continued detention despite bail.Recording a strong word of caution, the Court...
Merely Driving Car With Contraband Not 'Possession' Under NDPS Act, No Direct Nexus: Calcutta High Court Grants Bail
The Calcutta High Court has granted bail to an accused in an NDPS case, holding that mere driving of a vehicle from which contraband is recovered, without any recovery from the accused or prima facie material showing control over the seized substance, does not amount to “possession” so as to attract the rigours of Section 37 of the NDPS Act. Justice Sabyasachi Bhattacharyya sitting at...
WB Polls: If Both State & Centre Employees Can Be Appointed As Counting Supervisors, Why Are State Employees Excluded? Calcutta HC Asks ECI
The Calcutta High Court on Thursday (April 30) questioned the Election Commission of India (ECI) over its decision to mandate the deployment of central government and public sector undertaking (PSU) employees as counting supervisors in the ongoing West Bengal Assembly Elections 2026, asking: “if both central and state government officials are legally eligible, why are state employees...
WB Polls: Calcutta High Court To Hear Plea Challenging Deployment Of Only Central Govt, PSU Employees As Counting Supervisors
The Calcutta High Court will be hearing a plea against the deployment of only central government and public sector undertaking (PSU) employees as counting supervisors for the ongoing West Bengal Assembly elections 2026.The elections were conducted in two phases, the first of which was held on 23rd April, and the second and final phase was held on 29th April, 2026.The plea challenging...