Calcutta High Court Monthly Digest: July 2026
Srinjoy Das
4 Aug 2026 6:45 PM IST
Case: Akash Sarkar v. Union of India & Ors.,
Citation: 2026 LiveLaw (Cal) 258
The Calcutta High Court has directed the Special Intensive Revision (SIR) Appellate Tribunal at Cooch Behar to expeditiously decide the appeal of an Agniveer recruitment candidate whose name was deleted from the electoral roll during the SIR exercise, after noting that the State would issue his Police Clearance Certificate (PCC) only after the appeal is disposed of.
Case: Paschim Banga Khet Majoor Samity v State of West Bengal & ors
Citation: 2026 LiveLaw (Cal) 259
The Calcutta High Court on Wednesday declined to grant interim relief in a public interest litigation challenging the West Bengal government's decision to verify and delete Public Distribution System (PDS) beneficiaries based on the outcome of the Special Intensive Revision (SIR) of electoral rolls, observing that no affected individual had yet approached the Court alleging deprivation of benefits.
Case Name : West Bengal Transport Corporation Ltd. & Anr. Vs. Dipankar Banik & Ors.
Citation: 2026 LiveLaw (Cal) 260
A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas held that the rejection of a compassionate appointment claim cannot be based on financial stringency if that ground was not mentioned in the original rejection order or enquiry committee report.
Case Title: Budge Budge Company Limited v. The Calcutta Gujrati Education Society & Anr.
Citation: 2026 LiveLaw (Cal) 261
The Calcutta High Court has upheld a decree directing the eviction of Budge Budge Company Limited from premises owned by The Calcutta Gujrati Education Society, holding that the tenancy stood validly terminated under the Transfer of Property Act and rejecting the company's objections based on waiver of notice, multiplicity of proceedings, limitation, and lack of jurisdiction.
Case Title: Md. Idrish & Ors. v. Union of India & Ors.
Citation: 2026 LiveLaw (Cal) 262
The Calcutta High Court has dismissed a writ petition challenging the proposed demolition of residential quarters at Brook Lane, Garden Reach, holding that the petitioners failed to establish either their occupation of the premises or any authority to remain there.
Case: All India State Bank Officers Federation & Ors. Versus The State of Bank of India & Anr
Citation: 2026 LiveLaw (Cal) 263
Observing that "in today's world, where cyber fraud interferes with the lives of individuals on a regular basis, the least that is expected from a bank is to ensure that adequate steps are taken to protect the account holders," the Calcutta High Court upheld the State Bank of India's policy linking reimbursement of officers' allowances to completion of mandatory learning courses.
Case: Rumpa Mallick & Ors. v. Union of India
Citation: 2026 LiveLaw (Cal) 264
The Calcutta High Court has held that a railway accident compensation claim cannot be rejected merely because the Railways dispute the recovery of a journey ticket, particularly when the police investigation records its seizure from the deceased and the claimants have discharged their initial burden of establishing that the victim was a bona fide passenger.
Case: Santosh Majhi v State of West Bengal
Citation: 2026 LiveLaw (Cal) 265
The Calcutta High CoThe Calcutta High Court on Tuesday permitted the All India Trinamool Youth Congress (TMYC) to hold a rally in Kolkata on Wednesday between 2:30 pm and 4:30 pm, observing that "we cannot shut our eyes to Article 19" of the Constitution while balancing the public's right to free movement.
Case: Sirajul Shekh v. Union of India & Ors.
Citation: 2026 LiveLaw (Cal) 266
The Calcutta High Court's circuit bench at Jalpaiguri, on Tuesday, declined to grant relief to a petitioner whose passport application was kept on hold after his name was deleted from the electoral roll during the Special Intensive Revision (SIR), holding that the question of his citizenship would have to be decided first.
Case Title: Sk. Ali Hossain & Ors. v. K.G. Ananta Krishan & Ors. (Connected Matters)
Citation: 2026 LiveLaw (Cal) 267
The Calcutta High Court has held that the Punjab National Bank (PNB) is liable to compensate a group of farmers who were deprived of benefits under the West Bengal Government's Bangla Shasya Bima (BSB) crop insurance scheme after the bank failed to complete the mandatory process for issuance of insurance policies. The Court held that the bank's failure to upload the particulars of insured farmers and submit the required declarations prevented the policies from ever coming into existence, leaving the farmers without insurance coverage despite deduction of premium from their loan accounts.
Case Title: Sri Bijay Saha v. State of West Bengal & Ors.
Citation: 2026 LiveLaw (Cal) 268
The Calcutta High Court has upheld the joint settlement of a country spirit shop licence in favour of two grandsons of the original deceased licensee, holding that Rule 14(6) of the West Bengal Excise (Selection of New Sites and Grant of Licence for Retail Sale of Liquor and Certain Other Intoxicant) Rules, 2003 expressly permits grant of licence to "one or more" heirs or representatives. The Court further held that prior experience in running the liquor shop is not a statutory criterion for settlement of such licences.
Case Title: Sailesh Venkatesan v. State of West Bengal & Anr.
Citation: 2026 LiveLaw (Cal) 269
The Calcutta High Court has quashed criminal proceedings against the former Managing Director of Mead Johnson India in a case arising out of allegations that a sealed container of Enfamil A+ Stage 3 baby food purchased from a Kolkata medical store contained a live insect and that the product was sub-standard and unsafe.
Case Title: Amal Biswas v. State of West Bengal & Ors.
Citation: 2026 LiveLaw (Cal) 270
The Calcutta High Court has set aside the West Bengal government's decision terminating the contract of a road construction contractor, holding that the authorities acted arbitrarily by disregarding their own earlier decision to foreclose the contract after acknowledging that the damage to the project had been caused by severe flooding and not by any fault of the contractor.
Case Title: Arun Kr. Mondal @ Arun Kumar Mondal & Ors. v. State of West Bengal & Anr.
Citation: 2026 LiveLaw (Cal) 272
The Calcutta High Court has refused to quash criminal proceedings against a husband and his family members in a dowry harassment and matrimonial cruelty case, holding that a woman who leaves her matrimonial home can initiate proceedings from the place where she takes shelter if the effects of cruelty continue there. The Court further held that withdrawal of proceedings under the Protection of Women from Domestic Violence Act does not bar prosecution under the Indian Penal Code, and that allegations of mala fide or retaliatory litigation are matters to be tested during trial rather than grounds for quashing.
Case Title: Aloke Ghosh v. State of West Bengal & connected appeal (C.R.A. 498 of 2017 and C.R.A. 511 of 2017).
Citation: 2026 LiveLaw (Cal) 273
The Calcutta High Court has come down heavily on the functioning of Travelling Ticket Examiners (TTEs), observing that the practice of illegally allotting vacant berths to unreserved passengers for money is the primary reason behind several drugging-and-robbery incidents on trains. The Court remarked that TTEs "sell empty berths in trains like vegetables in a market" and directed that a copy of its judgment be forwarded to the General Manager of Eastern Railway and other Railway authorities across the country to ensure maximum penalties against erring officials.
Case Title: Union of India & Others v. Gujjudi Varaprasad
Citation: 2026 LiveLaw (Cal) 274
The Calcutta High Court has upheld the termination of a probationary Constable of the Central Industrial Security Force (CISF) for suppressing his involvement in pending criminal cases while filling up his attestation form, holding that the concealment of criminal antecedents justified termination under the CISF Rules without holding a departmental enquiry.
Case Title: Smt. Shasthi Chatterjee v. Sri Jibananda Chatterjee
Citation: 2026 LiveLaw (Cal) 275
The Calcutta High Court has held that insisting on the examination of the priest who conducted the second day's marriage ceremonies to prove a Hindu marriage stretches the standard of proof "beyond rational, logical and legal limits." Setting aside a 30-year-old acquittal in a bigamy case, the Court observed that once several witnesses consistently testify to the marriage and surrounding circumstances establish that the parties lived as husband and wife, the absence of one priest's testimony cannot defeat the prosecution.
Case Title: Court on its own motion v. Raju Das & Ors., CRLCP 5 of 2025 with CRLCP 6 of 2025 and CRLCP 7 of 2025.
Citation: 2026 LiveLaw (Cal) 276
The Calcutta High Court has held eight persons, including Trinamool Congress spokesperson Kunal Ghosh, guilty of criminal contempt for acts that the Court found scandalised the judiciary and interfered with the administration of justice during the April 25, 2025 protest by SSC recruitment candidates outside the High Court.
Case Title: Union of India & Ors. v. Sanjit Sahu
Citation: 2026 LiveLaw (Cal) 277
The Calcutta High Court has held that a member of the Central Industrial Security Force (CISF) found carrying a spy pen camera with a memory card while on duty at a sensitive installation cannot seek leniency merely because the device was not used. The Court restored the disciplinary punishment imposed on the constable, observing that members of a disciplined force entrusted with securing installations of national importance are expected to maintain the highest standards of discipline and integrity.
Case: Sudipta Ghosh v. State of West Bengal & Anr., CRR 3434 of 2022.
Citation: 2026 LiveLaw (Cal) 278
The Calcutta High Court has held that a criminal trial under Section 138 of the Negotiable Instruments Act cannot be sustained where the accused was asked to answer a completely different cheque transaction at the stage of recording the plea under Section 251 of the Code of Criminal Procedure.
Case: Amardeep Singh Johal v. Union of India & Ors., WPA 14474 of 2025.
Citation: 2026 LiveLaw (Cal) 279
The Calcutta High Court has held that the Border Security Force (BSF) cannot deny promotion to the post of Deputy Inspector General (DIG) to an officer solely on the ground of his medical category, particularly when the same medical condition did not prevent his promotion to higher ranks on three earlier occasions after the injury
Case Title: Dr. Banani Bhattacharyya & Ors. v. State of West Bengal & Ors., WPA 22644 of 2025.
Citation: 2026 LiveLaw (Cal) 280
The Calcutta High Court has set aside the West Bengal Public Service Commission's (WBPSC) recruitment process for the post of Keeper at the State Archaeological Museum, holding that the Commission failed to adhere to its own Rules of Procedure, 1982 and the terms of the recruitment advertisement.
Case: Md. Ajmal Siddique & Anr. v. The Bidhannagar Municipal Corporation & Ors.
Citation: 2026 LiveLaw (Cal) 281
The Calcutta High Court has held that a municipal authority cannot curtail the statutory right of appeal available against a demolition order by directing its implementation within a period that effectively renders the appellate remedy illusory.
Case: Smt. Bipasha Paria @ Mondal v. Sri Kanak Kanti Paria, FMA 259 of 2026
Citation: 2026 LiveLaw (Cal) 282
The Calcutta High Court has dismissed a wife's appeal seeking to set aside an ex parte divorce decree, holding that mere irregularities in the service of summons cannot be a ground to recall the decree when the defendant had prior knowledge of the matrimonial proceedings. A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya passed the order.
Case: Suman Molla v. The State of West Bengal & Ors., WPA (H) 58 of 2026.
Citation: 2026 LiveLaw (Cal) 283
The Calcutta High Court on Tuesday granted a petitioner one final opportunity to produce documents establishing the Indian citizenship of a person detained as a foreign national, observing that land records, by themselves, do not constitute proof of Indian citizenship.
Failed Contingent Contract Doesn't Defeat Claim For Services Actually Rendered: Calcutta High Court
Case: Pulinat Ettan Thomas v. Finorchem Limited, AD-COM 02 of 2026
Citation: 2026 LiveLaw (Cal) 285
The Calcutta High Court has held that although a contingent employment contract failed because the agreed condition precedent never occurred, the failure of the contract did not deprive a consultant of remuneration for services actually rendered and accepted by the employer.
Case: Shaista Khan v. Union of India, CRM (NDPS) 1437 of 2026.
Citation: 2026 LiveLaw (Cal) 286
The Calcutta High Court has granted interim bail to a woman accused in a high-value narcotics trafficking case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, holding that while pregnancy is not by itself a ground for bail, humanitarian considerations relating to the health of the mother and the unborn child justified her temporary release.
Calcutta High Court Declines TMC's Plea To Operate Bank Accounts Frozen By ED
Case: ALL INDIA TRINAMOOL CONGRESS AND ANR. VS UNION OF INDIA AND ORS.
Citation: 2026 LiveLaw (Cal) 287
The Calcutta High Court refused to permit the Trinamool Congress to operate bank accounts frozen by the Enforcement Directorate during the pendency of proceedings. The Court declined interim relief while the challenge to the freezing action remains under consideration.
Empanelment Does Not Confer An Indefeasible Right To Appointment: Calcutta High Court
Case Name : Sarbani Sardar (Naskar) & Ors. vs The State of West Bengal & Ors
Citation: 2026 LiveLaw (Cal) 288
The Calcutta High Court reiterated that inclusion in a select panel or merit list does not create an absolute or enforceable right to appointment. It held that empanelment only gives a candidate the right to be considered in accordance with law.
Case Name : Union of India & Others Vs. Gujjudi Varaprasad
Citation: 2026 LiveLaw (Cal) 289
The Calcutta High Court upheld the termination of a probationary employee who failed to disclose pending criminal cases in the attestation form. The Court held that suppression of material information strikes at the integrity expected of a public servant.
Case Title: Md. Idrish & Ors. v. Union of India & Ors.
Citation: 2026 LiveLaw (Cal) 290
The Calcutta High Court held that an Aadhaar card can constitute prima facie evidence of occupation for the purpose of extending procedural protection. It ruled that demolition carried out without prior notice violated principles of natural justice.
Case: Swapan Kumar Pramanick -Versus- Samir Das and Ors
Citation: 2026 LiveLaw (Cal) 291
The Calcutta High Court observed that a child who witnesses the murder of a parent is also a victim of the crime. While convicting the husband and his family in a 2006 murder case, the Court recognised the lasting trauma suffered by the child.
Case: Danish Karim v. Ranjana Chowdhury, F.A.T. 22 of 2026, decided on July 20, 2026.
Citation: 2026 LiveLaw (Cal) 292
The Calcutta High Court held that parties seeking divorce by mutual consent cannot be compelled to participate in mediation against their wishes. It clarified that mediation in such cases must remain voluntary.
Allegation Of Child Marriage Doesn't Empower Divorce Court To Direct POCSO FIR: Calcutta High Court
Case: Goyram Barman v. Madhumita Barman, FA 46 of 2026, decided on July 20, 2026
Citation: 2026 LiveLaw (Cal) 293
The Calcutta High Court ruled that a matrimonial court dealing with divorce proceedings cannot direct registration of an FIR under the POCSO Act merely because allegations of child marriage arise. Such directions fall outside the scope of its jurisdiction.
Case: Ramjan Molla @ Pintu Molla @ Rupchand @ Raju – Versus – The State of West Bengal
Citation: 2026 LiveLaw (Cal) 294
The Calcutta High Court reiterated that a minor's consent has no legal significance in kidnapping offences. It held that taking a minor away without the consent of the lawful guardian is sufficient to attract the offence.
Case Title: Sri Sanjib Tarafdar v. Smt. Mausumi Tarafdar
Citation: 2026 LiveLaw (Cal) 295
The Calcutta High Court granted a decree of divorce after noting that the spouses had lived apart for 19 years. It held that compelling parties to continue such a marriage amounts to mental cruelty.
Case Title: Ujjwal Biswas v. State of West Bengal & Ors.
Citation: 2026 LiveLaw (Cal) 296
The Calcutta High Court permitted a candidate to participate in WBJEE counselling despite the expiry of the EWS certificate. The relief was made subject to the candidate furnishing a renewed certificate within the stipulated time.
Case: Sayan De v State Of West Bengal
Citation: 2026 LiveLaw (Cal) 297
The Calcutta High Court refused permission for a rally proposed by the TMC student wing in support of the NEET protest in Delhi. Observing that the prevailing law and order situation was "not normal," the Court declined to interfere with the authorities' decision.
Case: Abdul Sheikh v State of West Bengal
Citation: 2026 LiveLaw (Cal) 298
The Calcutta High Court has reiterated that two consenting adults have a fundamental right to choose their life partners irrespective of their religion, while directing the West Bengal Police to provide protection to an interfaith couple to ensure that their marriage is solemnised peacefully.
Case: SUMAN MOLLA VS THE STATE OF WEST BENGAL AND ORS.
Citation: 2026 LiveLaw (Cal) 299
The Calcutta High Court has held that documents such as a Voter Identity Card, Aadhaar Card, PAN Card, bank account records, land records and even the passport of a close relative do not, by themselves, constitute conclusive proof of Indian citizenship.
Case: The District Inspector of Schools (Secondary Education), Barrackpore North 24 Parganas Vs. Alok Kumar Mallick & Ors.
Citation: 2026 LiveLaw (Cal) 300
The Calcutta High Court has dismissed review petitions filed by the State and a school authority seeking reconsideration of an earlier order directing release of retiral benefits to a retired Headmaster, holding that review jurisdiction cannot be invoked to cure a party's failure to appear or place materials before the Court during the original hearing.
Case Title: Smt. Mira Shaw v. West Bengal State Electricity Distribution Company Limited & Ors.
Citation: 2026 LiveLaw (Cal) 301
The Calcutta High Court has upheld the disconnection of an electricity connection after the consumer repeatedly denied access to officials for meter inspection and replacement, holding that the prior notice issued under Section 163 of the Electricity Act, 2003 satisfied the statutory requirement and that the licensee was entitled to disconnect supply upon continued obstruction.
Case: Tapas Mazumdar v. Kolkata Municipal Corporation & Ors., WPA 11266 of 2026
Citation: 2026 LiveLaw (Cal) 302
"It is utterly shocking that for an officer of the municipality who passed the order of demolition without bothering to even consult its own records, would take shelter by claiming that none had brought the same to his notice."
With these observations, the Calcutta High Court directed the Kolkata Municipal Corporation (KMC) to restore the roof of a flat that was damaged during demolition of an allegedly unauthorized construction, holding that the municipal authorities acted in a "most reckless manner" by failing to verify their own records before ordering demolition. The Court, however, left the flat owner's claim for damages open to be pursued before the appropriate forum.
