Calcutta High Court Weekly Round-Up: 03 August To 09 August, 2026

Srinjoy Das

10 Aug 2026 6:00 PM IST

  • Calcutta High Court Weekly Round-Up: 03 August To 09 August, 2026

    Section 141 NI Act Inapplicable To Sole Proprietorships; Family Members Can't Be Prosecuted As 'Partners': Calcutta High CourtCase: PRAKASH SHARMA -VS- M/S. VISION CELL (PVT.) LTD. Citation: 2026 LiveLaw (Cal) 313The Calcutta High Court has held that the vicarious liability provision under Section 141 of the Negotiable Instruments Act, 1881 cannot be invoked against family members of...

    Section 141 NI Act Inapplicable To Sole Proprietorships; Family Members Can't Be Prosecuted As 'Partners': Calcutta High Court

    Case: PRAKASH SHARMA -VS- M/S. VISION CELL (PVT.) LTD.

    Citation: 2026 LiveLaw (Cal) 313

    The Calcutta High Court has held that the vicarious liability provision under Section 141 of the Negotiable Instruments Act, 1881 cannot be invoked against family members of the proprietor of a sole proprietorship concern, reiterating that a sole proprietorship has no separate legal identity and is outside the ambit of the provision.

    IIT Kanpur PhD Admission Stalled Due To SIR Deletion: Calcutta High Court Directs Tribunal To Decide Appeal Expeditiously

    Case Title: Md. Ayan Nawaz v. Election Commission of India & Ors.

    Citation: 2026 LiveLaw (Cal) 314

    The Calcutta High Court recently directed the Special Intensive Revision (SIR) Appellate Tribunal to expeditiously decide the appeal of a Ph.D. aspirant whose admission to the Indian Institute of Technology (IIT), Kanpur had allegedly been stalled after his name was struck off the electoral roll.

    Husband Cannot Be Directed To Both Maintain Fixed Deposit For Child & Pay Monthly Child Maintenance Separately: Calcutta High Court

    Case Title: Poulami Tarafdar (Saha) v. Dibesh Saha

    Citation: 2026 LiveLaw (Cal) 315

    The Calcutta High Court has held that while a father may voluntarily create a fixed deposit to secure the future of his child, such a deposit cannot be treated as a substitute for monthly maintenance. At the same time, if monthly maintenance is ultimately awarded, the father cannot be compelled to continue the fixed deposit in addition to making periodic maintenance payments.

    Senior Citizens Act Not A Tool To Evict Tenants; SDM Lacks Jurisdiction In Landlord-Tenant Disputes: Calcutta High Court

    Case: Anna Sing @ Anan Singha VS Smt. Saswati Mallick

    Citation: 2026 LiveLaw (Cal) 316

    The Calcutta High Court has held that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be invoked to evict a tenant in a landlord-tenant dispute, observing that such disputes must be adjudicated under the applicable tenancy laws before the competent civil court.

    Calcutta High Court Dismisses Abhishek Banerjee's Plea To Travel Abroad For Eye Treatment After He Refuses To Appear Before Medical Board

    Case: Abhishek Banerjee v State of West Bengal

    Citation: 2026 LiveLaw (Cal) 317

    The Calcutta High Court on Wednesday dismissed Trinamool Congress MP Abhishek Banerjee's plea seeking permission to travel abroad for eye treatment after he declined the Court's suggestion to appear before a medical board at Kolkata's SSKM Hospital to determine whether the treatment could be provided in India.

    Pending PMLA Cases Not Grounds To Automatically Restrict 10-Year Passport Renewal Of Undertrial To One Year: Calcutta High Court

    Case: Amit Kumar Agarwal Vs. Union of India, Ministry of External Affairs & Ors.

    Citation: 2026 LiveLaw (Cal) 318

    The Calcutta High Court has held that the mere pendency of criminal proceedings cannot be a ground for passport authorities to automatically restrict the validity of a passport to one year where the competent criminal court has permitted its renewal.

    Calcutta High Court Dismisses PIL Challenging WB 'Goonda' Law As Premature After State Says Bill Yet To Be Notified As Act

    Case: Amit Roy v State of West Bengal

    Citation: 2026 LiveLaw (Cal) 319

    The Calcutta High Court on Thursday dismissed as premature a public interest litigation challenging the constitutional validity of the West Bengal Goonda Control Bill, after the State submitted that the legislation has not yet been notified and has therefore not come into force.

    Calcutta High Court Acquits Two In Minor's Rape-Murder Case, Says Juvenile Co-Accused's Extra-Judicial Confession Cannot Sustain Conviction

    Case: Sk. Rafijul @ Tutul v. State of West Bengal with Ukil Ali @ Akil Ali v. State of West Bengal (CRA (DB) 54 of 2024 & CRA (DB) 74 of 2024)

    Citation: 2026 LiveLaw (Cal) 320

    The Calcutta High Court has set aside the conviction of two men in a 2014 minor rape and murder case, ruling that the trial court wrongly relied on the alleged extra-judicial confession of a juvenile co-accused to convict them. While finding that the prosecution had failed to establish a complete chain of circumstantial evidence, the Court also accepted the plea of juvenility raised by one of the appellants and held that his trial before a Sessions Court was without jurisdiction.

    'E.Coli Allegedly Found In Packed Lassi': Calcutta High Court Quashes Case Against Manager, Says Company Must Be Made Vicariously Liable

    Case: PARTHA SARATHI TRIPATHY -VS- STATE OF WEST BENGAL & ORS.

    Citation: 2026 LiveLaw (Cal) 321

    The Calcutta High Court has quashed criminal proceedings against the manager of a dairy manufacturing company in a case concerning lassi allegedly found to be contaminated with E. coli and coliform bacteria, holding that the manager could not be proceeded against vicariously when the manufacturing company itself had not been arraigned as an accused.

    Calcutta High Court Dismisses TMC MLA Kunal Ghosh's Plea Seeking Directions On WB Assembly Speaker To Allow Him To Participate In Debates

    Case: KUNAL KUMAR GHOSH VS STATE OF WEST BENGAL AND ORS.

    Citation: 2026 LiveLaw (Cal) 322

    The Calcutta High Court has dismissed a petition filed by Trinamool Congress MLA Kunal Ghosh seeking directions to the West Bengal Assembly Speaker to allow him to participate in debates and raise objections on Bills introduced in the House.

    Srinjoy Das

    Srinjoy Das

    Srinjoy Das is a Principal Correspondent with LiveLaw, covering the Calcutta High Court

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