Calcutta High Court
'Private & Public Companies Must Be Treated Equally In Excise Licence Fee Exemptions': Calcutta High Court
The Calcutta High Court has held that the State cannot discriminate between private limited companies and public limited companies while granting exemption from excise licence fees for changes in management occurring in the usual course of business, observing that such unequal treatment violates Article 14 of the Constitution. The Court ruled that even though dealing in liquor is a...
'Lapses By Advocate, Defendant's Illness': Calcutta High Court Sets Aside Eviction Decree, Condones 496-Day Delay In Filing Appeal
The Calcutta High Court has held that the illness of a litigant coupled with laches on the part of the conducting advocate can constitute “sufficient cause” for condonation of delay under Section 5 of the Limitation Act, and that such applications need only be decided on the touchstone of preponderance of probabilities.Justice Biswaroop Chowdhury allowed a second appeal (SA 34 of 2019)...
'Serious Lapses In Identification & Recovery': Calcutta High Court Dismisses State Appeal Against Acquittal In 1982 Dacoity Case
The Calcutta High Court has refused to interfere with a decades-old acquittal in a 1982 dacoity case, holding that serious lapses in identification, doubtful recovery of stolen articles, and contradictions in seizure evidence fatally weakened the prosecution case.Justice Ananya Bandyopadhyay, while dismissing the State's appeal, observed that the prosecution failed to conclusively...
Calcutta High Court Enhances Amputee Accident Victim's Compensation, Says Loss Of Amenities & Future Medical Costs Must Be Considered
The Calcutta High Court has enhanced compensation to ₹6 lakh for a road accident victim who lost his right leg above the knee, holding that assessment of damages in motor accident claims cannot be confined to mere loss of employment and must account for lifelong disability, pain, future medical expenses, and loss of amenities.Justice Biswaroop Chowdhury observed that “damages do not only...
Calcutta High Court Directs SDO To Cancel Gram Panchayat Pradhan's Reservation Certificate Over False OBC Claim
The Calcutta High Court has held that once a competent authority concludes that a person does not belong to the Other Backward Classes (OBC) category, it is incumbent upon the authority to immediately proceed with the cancellation of the OBC certificate. The Court directed the Sub-Divisional Officer (SDO), Tamluk, to cancel the OBC certificate of an elected Gram Panchayat Pradhan within...
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...