Calcutta High Court
Omnibus Cruelty Allegations, Belated Medical Certificates Can't Justify Attempt-To-Homicide Charge Against In-Laws: Calcutta High Court
Holding that mere omnibus allegations and belated medical certificates cannot justify subjecting distant in-laws to a serious charge of attempt to culpable homicide, the Calcutta High Court partly allowed a criminal revision and discharged the mother-in-law and sister-in-law of a woman from prosecution under Section 308 IPC in a matrimonial cruelty case.Justice Chaitali Chatterjee Das...
'Gruesome Crime Alone Not Ground To Deny Bail': Calcutta High Court Grants Anticipatory Bail In 2021 Post-Poll Violence Case
The Calcutta High Court has granted anticipatory bail to an accused in a CBI-probed murder arising out of the 2021 post-poll violence, holding that even in cases involving grave allegations, pre-arrest protection must be decided on the “nature and quality of evidence prima facie available” and not merely on the seriousness of the offence. Justice Jay Sengupta observed that courts...
Villager Attacked For Trespassing On Property, Cutting Bamboo: Calcutta High Court Acquits Accused In 35-Yr-Old Case
Holding that mere presence during a village scuffle cannot sustain a conviction for grievous hurt when the prosecution fails to clearly establish the specific overt act of the accused, the Calcutta High Court set aside the conviction of a man sentenced to two years' rigorous imprisonment for allegedly attacking a co-villager with a sharp weapon during a land dispute. Justice Ananya...
Deity's Title Cannot Be Defeated By Adverse Possession Claims Against 'Sebait'/Manager: Calcutta High Court
The Calcutta High Court has reaffirmed that debutter property vested in a deity enjoys strong legal protection and that a plea of adverse possession cannot succeed unless hostile title is clearly asserted against the deity as the true owner. Dismissing a second appeal in a decades-old property dispute, Justice Sugato Majumdar held that permissive occupation of a tank dedicated to a deity...
Calcutta High Court Refuses Probate Of 2001 Will, Cites Contradictory Witness Testimony; Due Execution Not Proved Under Succession Act
The Calcutta High Court has refused to grant probate of a 2001 Will in a contentious family dispute, holding that the propounder failed to prove its due execution in the manner mandated under Section 63 of the Indian Succession Act and Section 68 of the Evidence Act. Delivering judgment in a testamentary suit, Justice Sugato Majumdar observed that when suspicious circumstances surround...
Blacklisting Contractor Has Civil Consequences, Mandatory Debarment Procedure Can't Be Bypassed: Calcutta High Court
Observing that blacklisting of a contractor has serious civil consequences and must strictly follow the prescribed statutory procedure, the Calcutta High Court set aside a six-month debarment imposed by a Panchayat Samiti, holding that the action was taken in breach of both the Standard Bid Document and principles of natural justice. Justice Kausik Chanda ruled that the multi-stage mechanism...
“Sending Appellant To Jail After 42 Years Not Expedient”: Calcutta High Court Releases Essential Commodities Act Convict On Probation
Holding that sending a man to jail more than four decades after the alleged offence would serve no meaningful purpose, the Calcutta High Court released an Essential Commodities Act convict on probation while upholding his conviction. Justice Ananya Bandyopadhyay observed that requiring the appellant to undergo imprisonment at this stage, nearly 42 years after the incident, would not...
Family Property Dispute Given Criminal Colour: Calcutta High Court Quashes Defamation, Intimidation Case Against Cousin
Observing that criminal law cannot be used as a pressure tactic in what is essentially a family property dispute, the Calcutta High Court has quashed defamation, insult and intimidation proceedings initiated against a private company executive, holding that the complaint did not disclose the basic ingredients of offences under the IPC. Justice Chaitali Chatterjee Das held that the...
Tenant Cannot Evade Eviction By Avoiding Notice; 'Not Claimed' Postal Endorsement Deemed Valid Service: Calcutta High Court
The Calcutta High Court has upheld concurrent eviction decrees passed in favour of a landlord, reiterating that a registered ejectment notice returned with the postal endorsement “not claimed” amounts to valid service, and that a reasonably foreseeable future requirement of the landlord constitutes bona fide need under the rent control law.Dismissing the second appeal, Justice Sugato...
Medical Trainees Not 'Employees' Under EPF Act: Calcutta High Court Upholds Tribunal Order, Quashes PF Demand
The Calcutta High Court has upheld an order of the Employees Provident Fund Appellate Tribunal setting aside provident fund dues assessed against a private company, ruling that trainee medical representatives engaged as apprentices under the Model Standing Orders cannot be treated as “employees” for the purpose of provident fund contributions under the EPF Act.Justice Shampa Dutt dismissed...
Relatives Can't Be Put To Trial On 'General Abuse' Claims Alone: Calcutta High Court Partly Quashes Matrimonial Cruelty Case U/S 498A IPC
The Calcutta High Court has partly quashed criminal proceedings in a matrimonial cruelty case, drawing a clear line between specific allegations against a spouse and vague, omnibus accusations against extended family members, and reiterating that courts must prevent the criminal process from being used for “wholesale implication” of relatives.Justice Uday Kumar was hearing a petition...