'Dishonest Inducement Must Be Clearly Proven In Consensual Relationships': Calcutta High Court Quashes Rape Case Against Man By Ex-Partner

The Calcutta High Court has quashed criminal proceedings, including charges of rape on false promise of marriage, cheating and offences under the Information Technology Act, against a man accused by his former partner after she got married to another person.Justice Ajay Kumar Gupta allowed a plea filed by petitioner Tasaul Sk seeking quashing of Sessions Case No. 49/2021 arising out of...

Calcutta High Court Orders Written Statement To Be Taken Off Record In Commercial Suit; Says No Extension Possible Beyond 120 Days

The Calcutta High Court on Wednesday refused to accept a written statement filed by a defendant in a commercial suit beyond the statutory timeline, holding that in the absence of a formal written application within 120 days of service of summons, the Court becomes functus officio and cannot extend time.Justice Aniruddha Roy directed that the written statement deposited in the department pursuant to Registrar's endorsement dated August 6, 2025 be taken off the suit record and that the suit be...

GST Authorities Have No Power To Seal Cash During Search: Calcutta High Court Orders De-Sealing Of ₹24 Lakh

The Calcutta High Court held that the GST authorities do not have the power under Section 67 of the CGST Act to seal or seize cash. Accordingly, the bench directed the immediate de-sealing of Rs. 24 lakhs. Section 67 of the Central Goods and Services Tax (CGST) Act, 2017, grants tax authorities the powers of inspection, search, and seizure to prevent tax evasion and...

Employee Moving To Another Cadre Can't Later Claim Regular Promotion In Former : Calcutta High Court

A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas held that the employee who availed Career Advancement Scheme and subsequently left the cadre cannot claim regular promotion benefits granted later to Bhumi Sahayak cadre. Background Facts The petitioner was appointed as a Bhumi Sahayak in 1984. After completing ten years...

Calcutta High Court Quashes Regularisation Of 313 Volunteer Teachers Under Gorkhaland Territorial Administration, Calls Appointments Illegal

The Calcutta High Court has set aside and quashed the regularisation and state approval of 313 volunteer teachers appointed under the Gorkhaland Territorial Administration (GTA), holding that their appointments were illegal.Justice Biswajit Basu observed that the state failed to justify the recruitment process and that the approvals given could not withstand judicial scrutiny.The issue...

Messi India Tour | Calcutta High Court To Hear PILs Seeking CBI, ED, SFIO Probe Into Chaos At Salt Lake Stadium

The Calcutta High Court will hear multiple public interest litigations (PILs) seeking an investigation by central agencies — including the Central Bureau of Investigation (CBI), Enforcement Directorate (ED) and Serious Fraud Investigation Office (SFIO) — into the massive chaos and vandalism that erupted at Salt Lake Stadium during an event featuring Argentine football legend...

Mere Smell Of Alcohol In Post-Mortem No Grounds To Deny Compensation To Heirs Of Deceased Accident Victim: Calcutta High Court

The Calcutta High Court has held that the mere presence of an alcoholic smell in the stomach of a deceased accident victim, as noted in the post-mortem report, cannot be a ground to deny compensation to the legal heirs under the Motor Vehicles Act, 1988.Justice Biswaroop Chowdhury, while dismissing an appeal filed by The New India Assurance Co. Ltd., affirmed an award of compensation granted...

GST | CBIC Circulars Cannot Shield Dubious Transactions; Must Operate Within Statutory Framework: Calcutta High Court

The Calcutta High Court held that CBIC (Central Board of Indirect Taxes & Customs) circulars are binding on departmental officers but cannot be used as a protective shield in cases where the genuineness of the transaction or invoices is in doubt. Justice Om Narayan Rai stated that it cannot be doubted that a circular issued by the Central Board of Indirect Taxes & Customs...

Invalid Pension To Medically Discharged Defence Staff, 10-Year Service Minimum Not Applicable: Calcutta HC

A Division Bench of the Calcutta High Court comprising ACJ Sujoy Paul and Justice Partha Sarathi Sen held that Invalid pension is payable for medical discharge regardless of minimum service of 10 years if the disability is permanent. Background Facts The respondent had served in the Indian Army as a Sepoy from 1985 to 2009. He was discharged with pension upon completion of...

Power To Extend Mandate Of Arbitrator Appointed By HC Rests Exclusively With High Court: Calcutta High Court

The Calcutta High Court dismissed a revisional application filed by Cosmic MAPL JV challenging the Commercial Court's refusal to extend the mandate of an arbitrator under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Justice Shampa Sarkar held that in cases where the referral court is the High Court under section 11, it also...

Writ Petition Filed To Bypass Pre-Deposit Requirement Under MSMED Act Is Not Maintainable: Calcutta High Court

The Calcutta High Court dismissed a petition filed under Article 227 of the Constitution challenging an award passed by the West Bengal Micro & Small Enterprises Facilitation Council (MSEFC), holding that the petition was not maintainable and was filed to evade pre-deposit requirement under section 19 of the MSMED Act, 2006. Justice Hiranmay Bhattacharyya held that the...

Calcutta High Court Acquits Man In 2013 Murder Case; Says Prosecution Evidence Riddled With 'Irreconcilable Contradictions'

The Calcutta High Court set aside the conviction and life sentence imposed on Babai Sk. @ Papai Sk. in a 2013 murder case, holding that the prosecution failed to establish the charges beyond a reasonable doubt.A Division Bench comprising Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta allowed the appeal and acquitted the appellant of all charges under Sections 302, 307, 324 and 326 of...