Calcutta High Court Quashes Cruelty Case Against Husband's Students, Girlfriend, Says They Are Not 'Relatives' U/S 85 BNS

The Calcutta High Court has quashed criminal proceedings against four persons accused of subjecting a woman to cruelty, theft and criminal intimidation in connection with a matrimonial dispute, holding that the allegations in the FIR did not disclose the ingredients of the offences against them. Justice Dr. Ajoy Kumar Mukherjee, while allowing a criminal revision petition filed by...

Minor's Consent Cannot Mitigate Sexual Assault Under POCSO Act: Calcutta High Court Upholds 24-Yr-Old Man's Sentence

The Calcutta High Court's Circuit Bench at Port Blair has upheld the conviction and 10-year rigorous imprisonment awarded to a 24-year-old man under the Protection of Children from Sexual Offences Act (POCSO), holding that the consent of a minor to a physical relationship cannot be treated as a mitigating factor.A Division Bench comprising Justice Rajarshi Bharadwaj and Justice Reetobroto...

Street Vendors Act Protects Lawful Vending, Not Unauthorised Permanent Structures Or Encroachments: Calcutta High Court

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 protects lawful vending activities, but cannot be invoked to shield unauthorised permanent structures or encroachments on public streets, the Calcutta High Court has held.Justice Raja Basu Chowdhury made the observation while dismissing a writ petition filed by Tangra Dhapa Hawkers Samiti and other...

Calcutta High Court Quashes Criminal Case After Noting Complaint Was Filed 8 Years After Accused's Death

The Calcutta High Court has quashed a criminal proceeding against a doctor after noting that the complainant had alleged that he threatened her uncle in 2018, despite the fact that the doctor had died nearly eight years earlier.Justice Ajay Kumar Gupta observed that attributing a threat in 2018 to a person who died in 2010 was “not merely improbable but impossible on its face”, and held...

'Dependent' Under WB Tenancy Act Must Have Financial Element; Psychological Dependence Not Enough: Calcutta High Court

The Calcutta High Court has held that the expression “dependent” under Section 2(g) of the West Bengal Premises Tenancy Act, 1997 must be understood in a financial context, ruling that dependency cannot be stretched to include psychological or other considerations completely divorced from financial dependence.A Division Bench comprising Justice Sabyasachi Bhattacharyya and Justice...

Deceased Train Passenger Cannot Be Presumed Ticketless Merely Because Ticket Is Not Recovered: Calcutta High Court

The Calcutta High Court has observed that in railway untoward incident cases, the absence of a recovered ticket from a deceased passenger cannot, by itself, lead to an inference that the person was travelling without a ticket.Justice Biswaroop Chowdhury made the observation while allowing an appeal against the Railway Claims Tribunal's refusal to award compensation to the family of a...

Wife's Insistence On Separating Husband From Dependent Widowed Mother Amounts To Cruelty: Calcutta High Court

The Calcutta High Court has held that a wife's insistence that her husband sever ties with his dependent widowed mother and live separately amounted to mental cruelty in the facts of the case, particularly as the wife's justification for seeking separate residence was based on an allegation of molestation of the parties' minor son which remained wholly unsubstantiated.A Division Bench of...

Calcutta High Court Restrains Rival's Use Of 'Fox & Mandal' Name, Says Heir Of Ex-Partner Cannot Claim Law Firm's Goodwill

The Calcutta High Court has held that a subsequent user of a trade mark cannot claim rights in the goodwill of a partnership firm merely by asserting an ancestral or familial connection with one of its former partners, and has consequently granted summary judgment in favour of the 1896-founded law firm Fox & Mandal in a passing off action.Justice Ravi Krishan Kapur held that the...

Victim Cannot Be Denied Investigation Documents Under BNSS Merely For Wrongly Citing CrPC Provision: Calcutta High Court

The Calcutta High Court has held that a victim in a criminal proceeding is entitled to obtain copies of documents contemplated under Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), observing that the mere mention of a wrong statutory provision in an application cannot defeat a substantive legal right.Justice Dr Ajoy Kumar Mukherjee set aside an order of the Judicial Magistrate,...

Calcutta High Court Weekly Round-Up 17th August To 23 August, 2026

Calcutta High Court Directs Urgent Decision On NEET Aspirant's EWS Certificate, Says Mother's Voter List Deletion Not RelevantCase: Priyangshu Mukherjee Vs. State of West Bengal & Ors. Citation: 2026 LiveLaw (Cal) 329The Calcutta High Court has directed the authorities to urgently consider the request of a NEET-UG 2026 aspirant seeking an Economically Weaker Section (EWS) certificate,...

Calcutta High Court Permits Rival Factions Of TMC Students' Wing To Separately Commemorate Foundation Day On August 28

The Calcutta High Court has permitted rival factions of the Trinamool Congress Chhatra Parishad (TMCP) to hold separate programmes commemorating the organisation's Foundation Day on August 28.The Court, however, declined to permit either faction to organise its programme at Mayo Road near the Gandhi statue, where the groups had proposed to hold their respective Foundation Day...

Calcutta High Court Directs No Coercive Steps Against TMC MP Abhishek Banerjee In Three FIRs

The Calcutta High Court has directed that no coercive action be taken against Trinamool Congress MP Abhishek Banerjee in three FIRs registered against him, holding that his custodial interrogation was not required at this stage.Justice Saugata Bhattacharya protected Banerjee from coercive action till November 30, or until further orders, while directing him to cooperate with the...