Calcutta High Court
Notional Income Of Student Must Reflect Future Prospects For Motor Accident Claim, Cannot Be Treated As Unemployed: Calcutta High Court
The Calcutta High Court enhanced compensation in a motor accident claim case filed by parents who lost their two sons in a road accident, holding that the notional income of a deceased student should not be assessed merely on the basis of his temporary earnings during student life but must also reflect his future earning prospects.A Single Bench of Justice Biswaroop Chowdhury was hearing...
“Landlord Is Best Judge Of His Requirement”: Calcutta High Court Allows Eviction For Construction Of Toilet
The Calcutta High Court allowed a second appeal and restored a trial court decree for eviction, holding that a landlord's requirement to construct a toilet in premises lacking such basic facility constitutes a bona fide and reasonable requirement under the West Bengal Premises Tenancy Act, 1956. The judgment was delivered by Justice Sugato Majumdar.The plaintiffs had filed a suit seeking...
'Security Concerns Cannot Justify Non-Statutory Building Restrictions': Calcutta High Court Quashes Conditions On Project Near Nabanna
The Calcutta High Court has held that municipal authorities cannot impose building-sanction conditions that lack statutory backing merely on the basis of security concerns raised by police authorities regarding nearby sensitive installations. The Court observed that allowing such conditions would permit executive authorities to override the statutory scheme governing building...
Calcutta High Court Upholds Life Sentence Of Men For Raping 14-Yr-Old In Train's Army Compartment After Forcing Her To Drink Liquor
The Calcutta High Court has upheld the conviction and sentences awarded to three men for the rape of a minor girl on a moving train, holding that the prosecution had proved the charges beyond a reasonable doubt through consistent victim testimony, medical evidence, and corroborating circumstances.A Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi dismissed three...
Trial Judge 'Put Words In Mouth Of Witness': Calcutta High Court Acquits Death Row Convict In Political Murder Case
The Calcutta High Court refused to confirm the death sentence imposed on a man convicted of murdering a political worker and ultimately set aside both the conviction and sentence, citing serious evidentiary gaps, investigative lapses, and fundamental errors in the trial court's appreciation of evidence.A Division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray was dealing with...
BNSS | Person Cannot Be Detained For Breach Of Interim Bond Pending Preventive Inquiry: Calcutta High Court
The Calcutta High Court held that a person cannot be taken into custody merely for alleged breach of an interim bond for good behaviour executed during preventive proceedings, clarifying that detention under the Bharatiya Nagarik Suraksha Sanhita, 2023 is permissible only when there is a breach of a final bond ordered after completion of the statutory inquiry. Justice Dr. Ajoy Kumar...
Retention Of Property By State After Lease Expiry Violates Article 300A: Calcutta High Court Upholds Eviction, Imposes 50K Cost
The Calcutta High Court has held that the State cannot continue to occupy private property once the lease has expired and the requisition order has been quashed, observing that such continued occupation would amount to an illegal deprivation of property.The Court further imposed personal costs of ₹50,000 on the Director of the concerned State Directorate for resisting compliance with...
Calcutta High Court Sets Aside Bank Employee's Dismissal For Alleged ₹38 Lakh Pension Fraud, Says Authority's Findings Based On No Evidence
The Calcutta High Court has set aside the dismissal of a bank employee accused of involvement in an alleged pension account fraud of ₹38.67 lakh, holding that the disciplinary authority's finding of misappropriation was based on no evidence and mere conjectures.Justice Partha Sarathi Chatterjee observed that even in a departmental proceeding, the conclusion of guilt must be supported by...
Calcutta High Court Issues Notice On PIL Against Non-Disbursal Of Maternity Benefits Under 'PM Matru Vandana Yojana'
The Calcutta High Court has sought responses from the Union and the State of West Bengal on a Public Interest Litigation alleging large-scale non-disbursal of maternity benefits under the Pradhan Mantri Matru Vandana Yojana (PMMVY) in the State.A division bench comprising Chief Justice Sujoy Paul and Justice Ajay Kumar Gupta observed that the petition raised “arguable points” and directed...
Calcutta High Court Directs Designated Senior Advocates To Be Added As Parties In Plea Challenging Senior Designations
The Calcutta High Court has directed the petitioner challenging the designation of Senior Advocates by a notification dated November 26, 2024, to implead all the advocates who were granted the designation as party respondents in the writ petition.Justice Krishna Rao passed the direction while hearing a writ petition filed by Samarjit Roychowdhury questioning the notification through which...
Unused Acquired Land Cannot Be Reclaimed Once It Vests In State; Subsequent Purchasers Have No Title: Calcutta High Court
The Calcutta High Court recently held that once land is acquired and vests in the State free from all encumbrances, it cannot be returned to the erstwhile owners or subsequent purchasers even if the land remains unutilised.The Court also reiterated that subsequent purchasers have no right to challenge land acquisition proceedings and mutation entries in revenue records do not confer...
Court Cannot Consider Documents Beyond Plaint While Deciding Order VII Rule 11 CPC Plea: Calcutta High Court
The Calcutta High Court has held that while deciding an application for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, the court can examine only the averments contained in the plaint and documents relied upon or annexed thereto, and cannot rely on extraneous materials produced by the defendant.A Division Bench of Justice Sabyasachi Bhattacharyya and...