Calcutta High Court Sets Aside State Consumer Commission Order Sending Judgment Debtor To Correctional Home For Non-Execution Of Order

Calcutta High Court (“High Court”) bench comprising of Justice Dr. Ajoy Kumar Mukherjee set aside the West Bengal State Consumer Commission (“Commission”) order remanding the petitioner to ten days of judicial custody for failing to comply with directions to hand over the flat, execute the conveyance deed, refund the amount with interest and pay compensation to the homebuyer.The...

Invention Requiring Destruction Of Human Embryos Not Patentable: Calcutta High Court

The Calcutta High Court on Monday upheld the Patent Office's rejection of a patent application on the grounds that the invention involved the destruction of human embryos and was therefore unethical and contrary to public order and morality.A single bench of Justice Ravi Krishan Kapur, affirming the Patent Office's decision to reject the invention under Section 3(b) of the Patents Act,...

Calcutta High Court Clarifies When Possession Of Fake Currency Amounts To 'Trafficking', Rejects Automatic Presumption U/S 489B IPC

A Larger Bench of the Calcutta High Court has held that mere possession of Fake Indian Currency Notes (FICN), regardless of quantity, does not automatically amount to “trafficking”, nor does it justify drawing any statutory presumption against the accused under Section 489B IPC. The Court clarified that mens rea remains central, and the prosecution must independently establish that...

Juvenile Accused Can Seek Anticipatory Bail U/S 438 CrPC: Calcutta High Court

The Calcutta High Court has held that an application for anticipatory bail under Section 438 CrPC is maintainable even when filed by a juvenile/child in conflict with law. The Court concluded that the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJ Act”) does not exclude the operation of pre-arrest bail provisions, and that denying such access would violate the...

Calcutta High Court Cancels “JAY'S” Trademark, Citing Similarity to PepsiCo's “LAY'S”

The Calcutta High Court has recently ordered the cancellation of the registered trademark “JAY'S”, finding it phonetically identical and deceptively similar to PepsiCo's well-known potato chips brand “LAY'S”. A single bench of Justice Ravi Krishan Kapur passed the order on November 10, 2025, while hearing PepsiCo's application under Sections 47 and 57 of the Trade Marks Act,...

Once Resolution Plan Succeeds, Appeals Before CESTAT Abate, CENVAT Reversal Not Pre-Deposit: Calcutta High Court

The Calcutta High Court has upheld the disallowance of ₹165 crores of CENVAT credit on steel structures, parts, accessories, and cement as confirmed earlier by the Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).Justice Raja Basu Chowdhury, on the issue of abatement of the appeals, dismissed the grounds of challenge relating to (i) abatement of appeals...

'Proof Beyond Reasonable Doubt Not Needed To Prove Defection, Speaker's Decision Perverse': Calcutta High Court Disqualifies MLA Mukul Roy

The Calcutta High Court has held that proof beyond reasonable doubt is not the standard for establishing defection under the tenth schedule of the Indian Constitution. The Court clarified that such proceedings are civil in nature and therefore governed by the test of preponderance of probabilities.A Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi set aside the order...

Calcutta High Court Disqualifies Senior Political Leader Mukul Roy From Legislative Assembly Under Anti-Defection Law

In a major development, the Calcutta High Court, today, disqualified senior political leader Mukul Roy from the West Bengal Legislative Assembly over allegations of defection under the tenth schedule of the Constitution. The Division Bench of Justices Debangsu Basak and Md Shabbar Rashidi held that Roy's switch from the BJP to the Trinamool Congress after winning the 2021 Krishnanagar North...

Calcutta High Court Upholds Berger Paints' Exemption From Mandatory Pre-Litigation Mediation In ₹1 Crore Suit Over Urgent Interim Relief Plea

The Calcutta High Court recently refused to revoke an earlier order that had exempted Berger Paints India Limited from undergoing pre-litigation mediation before filing a commercial suit against GPHP Holdings Pvt Ltd, a manufacturing company. The dispute related to the recovery of Rs. 1.01 crore for paints and coatings sold and delivered between February and June 2024. In an order delivered...

Calcutta High Court Directs Resumption Of MGNREGA Work In Bengal Following SC's Dismissal Of Centre's SLP

In a major development for rural workers in West Bengal, the Calcutta High Court today directed the immediate resumption of work under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) across the State.The matter was taken up by the Division Bench comprising Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen. The Bench directed the Government of India and the...

Filing Written Statement Is Statutory Right, Cannot Be Denied Over Procedural Lapses: Calcutta High Court

The Calcutta High Court on Thursday held that the right to file a written statement is a statutory right and that this right cannot be denied merely for procedural lapses if the filing is otherwise within the time allowed by law. A Single Bench of Justice Aniruddha Roy made the ruling while allowing several defendants in a commercial dispute involving the Central Bank of India to file...

Calcutta High Court Seeks Election Commission's Response In Plea Challenging Conduct Of 'SIR' In West Bengal

The Calcutta High Court on Thursday directed the Election Commission of India (ECI) to file an affidavit detailing the process by which the Special Intensive Revision (SIR) of electoral rolls is being implemented in West Bengal. A Division Bench of Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen issued the direction while hearing a public interest litigation (PIL) filed by...