Calcutta High Court Monthly Digest: April 2026

Employer Can Deduct Penal Rent From Gratuity Of Employees Who Refuse To Vacate Company Quarters: Calcutta High CourtCase: Eastern Coalfields Limited & Anr. Vs. Union of India & Ors. Citation: 2026 LiveLaw (Cal) 173The Calcutta High Court has held that an employer is entitled to deduct penal rent and other dues from the gratuity of a retired employee who continues to occupy company accommodation unlawfully.Setting aside concurrent orders passed by the Controlling and Appellate Authorities under the Payment of Gratuity Act, Justice Shampa Dutt (Paul) observed that permitting such conduct would encourage others to illegally retain official quarters, ultimately depriving serving employees of essential housing facilities.Calcutta High Court Upholds Dismissal Of BSF Constable After 32 Years Service Over Forged Madhyamik MarksheetCase: Santosh Sardar Vs. Union of India & OrsCitation: 2026 LiveLaw (Cal) 174The Calcutta High Court has refused to grant relief to a BSF constable who was dismissed from service for having secured his appointment on the basis of forged secondary examination documents. Justice Amrita Sinha held that once fraud at the entry stage is established, the very foundation of service becomes illegal, and no amount of sympathy based on long years of service can cure the defect. The Court stressed that an employee who does not possess the minimum educational qualification cannot be retained in service simply because he has served for decades. Such retention, the judge said, would undermine discipline and demoralise the force. "No Iota Of Evidence": Calcutta High Court Quashes NDPS Case Against Man Accused Of 'Masterminding' Phensedyl RacketCase: Aasif Mohammad @ Asif Mohammad @ Asif @ Viki Versus The State of West Bengal Citation: 2026 LiveLaw (Cal) 175The Calcutta High Court has quashed an NDPS prosecution against a Meerut resident accused of masterminding a large phensedyl trafficking operation, holding that the case against him was built solely on co-accused confessions that are “inadmissible” and unsupported by any independent material. Justice Ajay Kumar Gupta held that compelling the petitioner to face trial in the absence of even a shred of admissible evidence would amount to a “miscarriage of justice”.Woman Keeping Minor As Maid Cannot Be Treated As Her 'Lawful Guardian': Calcutta High Court Quashes Kidnapping CaseCase: SK.SAMAD VS THE STATE OF WEST BENGAL Citation: 2026 LiveLaw (Cal) 176The Calcutta High Court has overturned a 2007 conviction for kidnapping of a minor girl, holding that the prosecution failed to prove that the girl had been taken away from the “lawful guardianship” of the woman with whom she was residing as a 'maidservant.'Justice Chaitali Chatterjee Das, while allowing the appeal, emphasised that the prosecution's case suffered from contradictions, unreliable testimony, and an entirely unstable foundation regarding who the lawful guardian actually was. The Court observed that the trial court had already acquitted the accused of the graver charge under Section 373 IPC, and even the remaining conviction under Section 363 could not be sustained.Calcutta High Court Declines Relief To Men Accused Of Threatening Santhal Woman, Calling Her "Lower Caste"Case: IDEL SK @ GABA SK AND ANOTHER -VS- STATE OF WEST BENGAL & ANR. Citation: 2026 LiveLaw (Cal) 177The Calcutta High Court has refused to quash criminal proceedings against two timber merchants accused of trespass, theft of nearly one thousand trees and caste-based abuse of a Santhal woman, holding that the allegations disclose prima facie offences under both the IPC and the SC/ST (Prevention of Atrocities) Act and must proceed to trial.Justice Uday Kumar ruled that the sheer scale of the alleged tree-felling operation—carried out over three days with labourers, machinery and transport vehicles—makes the location “a place within public view” for the purposes of the SC/ST Act.False Cases By Wife Leading To Husband's Arrest, 17-Year Separation Amounts To Mental Cruelty: Calcutta High Court Upholds DivorceCase: SARANJIT KAUR (HURA) -versus- INDER SINGH HURA Citation: 2026 LiveLaw (Cal) 178The Calcutta High Court bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya dismissed an appeal filed by the wife challenging the husband's divorce decree. The Trial Court had granted a divorce on the ground of cruelty, while also taking note of the irretrievable breakdown of the marriage.The Division Bench upheld these findings after examining the evidence led by both sides, the wife's conduct before and after the institution of the suit, the criminal proceedings initiated by her, and the prolonged separation of nearly 17 years.Calcutta High Court Quashes NDPS Case Based Solely On Inadmissible S.67 Statements; Says 14-Year Delay Violates Article 21Case: RAMLAL -VS- STATE OF WEST BENGAL & ORS. Citation: 2026 LiveLaw (Cal) 179The Calcutta High Court has quashed the NDPS proceedings against a petitioner who was implicated...

Calcutta High Court Monthly Digest: April 2026

Srinjoy Das