Railways Can't Cancel Duly Published Promotion Panel On Vague Administrative Grounds; Prior Notice To Selected Candidates Mandatory: Calcutta HC

A Division bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the cancellation of a duly published selection panel by the Railway Authorities, without providing due notice to the selected candidates, is unsustainable in law. Authorities are bound to comply with RBE No. 192 of 2019 and Rule 228 of IREM Vol. I, which mandate...

Court Hearing Appeal U/S 37 A&C Act Can Direct Furnishing Of Security Even Without Application U/S 9: Calcutta HC

The Calcutta High Court bench of Justice Arindam Mukherjee has held that while disposing of an appeal under Section 37 of the Arbitration Act, the Court is empowered under Order 41 of the Civil Procedure Code, 1908 (CPC) to impose conditions and direct the respondent to furnish security for the loan as per the Agreement, even in the absence of a formal application under Section 9 of...

Calcutta High Court Declines Plea Against Bengali Singer Nachiketa For Allegedly Insulting Lord Ram In Concert, Cites Lack Of Evidence

"Only the contents of social media mentioning, without any date, time and place of the concert and without any authenticity, cannot be the ground to take cognizance of such offence," the court said.

Calcutta High Court Grants Interim Relief Against Eviction To Families Living Under Flyover, Records State's Assurance Of Rehabilitation

In granting relief to nearly 300 families living under Hastings Bridge, the Calcutta High Court has recorded the State Government's undertaking that no eviction will take place unless proper rehabilitation is arranged. The Court also granted Muktokantha Mahila Samity (MKMS) the liberty to seek an urgent hearing if there is any future threat of forced removal or breach of the State's...

'Society Needs To Be Protected': Calcutta High Court Imposes 40 Year Sentence On "Gurudev" Convicted Of Murder, Commutes Death Penalty

The Calcutta High Court has commuted the death sentence imposed on an alleged 'Gurudev' for the murder of two women over alleged monetary disputes, after the appellant-Gurudev and his wife had promised certain cures to the deceased and their family, in exchange for large sums of money.A division bench of Justices Debangu Basak and Md Shabbar Rashidi held:"Therefore, taking into consideration...

Able-Bodied Husband Cannot Refuse To Maintain Wife Merely Due To His Unemployment: Calcutta High Court

The Calcutta High Court has held that an able-bodied, young man cannot refuse to pay maintenance, citing financial constraints arising out of his unemployment.Justice Ajoy Kumar Mukherjee held: "Therefore once there is no denial of the fact that the husband is an able bodied young man capable of earning, he cannot simply deny his legal obligation of maintaining of his wife equal to the status...

Threatening Tenant With Eviction Does Not Amount To Criminal Intimidation U/S 506 IPC: Calcutta High Court

The Calcutta High Court has held that even in cases where the tenant alleges that the landlord had threatened him with unlawful eviction, the same cannot amount to the offence of criminal intimidation under Section 506 of the Indian Penal Code (IPC).Justice Dr Ajoy Kumar Mukherjee held: "Even if for the sake of argument if it is taken to be true that the petitioners have threatened the...

Mere Inability To Adjust With In-Laws Compelling Wife To Live Separately Is Not Mental Cruelty: Calcutta High Court

The Calcutta High Court has held that the mere inability of a wife to adjust with her in-laws, leading her to live separately, does not amount to mental cruelty as defined under Section 498A of the Indian Penal Code.Justice Dr. Ajoy Kumar Mukherjee held: "There is also no material to suggest that there had been any wilful conduct on the part of husband or any in law of such a nature as was...

Calcutta High Court Will Greatly Benefit From Appointment Of More Judges: Chief Justice TS Sivagnanam

The Calcutta High Court has bid farewell to Chief Justice TS Sivagnanam, who has demitted office after a tenure of over 2 years, being sworn in as Chief Justice in May 2023. Justice Sivagnaman was sworn in as an Additional Judge of the Madras High Court in 2009, and made permanent in 2011. Thereafter, he was transferred to the Calcutta High Court in 2021, and then elevated to the position...

Writ Petition Not Maintainable Unless Part Of Cause Of Action Arises Within Territorial Jurisdiction Of Concerned HC: Calcutta High Court

On 08.09.2025, the High Court at Calcutta dismissed a writ petition challenging a 'Proprietary' tender floated by the Panipat Refinery of Indian Oil Corporation Limited (IOCL) in the GeM portal.The Petitioner, who has its office in Kolkata, had filed the writ petition challenging a proprietary tender (bid being limited to only one bidder) floated by IOCL's Panipat Refinery for spare parts...

Land Losers Not Prohibited From Claiming Enhanced Compensation In Absence Of Agreement Finalising Initial Determination: Calcutta HC

The Calcutta High Court bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) has held that compensation determined by the competent authority under Section 10(1) of the Petroleum and Minerals Pipelines (Acquisition of Rights of User in Land) Act, 1962 (the 1962 Act) shall be treated as a determination at the first instance when there is no agreement between the...

Calcutta High Court Monthly Digest: August 2025

NOMINAL INDEXPrincipal Commissioner of Income Tax - 2, Kolkata v. Minto Park Estates Private Limited Citation: 2025 LiveLaw (Cal) 188Principal Commissioner of Income Tax Central - 2, Kolkata v. M/s. Zulu Merchandise Private Limited Case No: 2025 LiveLaw (Cal) 189Ravi Kumar Ray Vs. Union of India & Ors. Citation: 2025 LiveLaw (Cal) 190ROSHAN AGARWAL VS. NATIONAL PROJECTS...