Calcutta High Court
Plea In Calcutta High Court Challenges 'Unprecedented' Transfers Of Bureaucrats In Bengal By ECI Ahead Of State Polls
A Public Interest Litigation has been filed before the Calcutta High Court by advocate Arka Kumar Nag challenging a series of transfer orders issued by the Election Commission of India, which have resulted in a sweeping reshuffle of the administrative and police machinery in West Bengal ahead of the State Assembly elections. The matter is likely to be taken up for hearing on Monday.As per...
Mental Agony Of Prolonged Trial A Punishment Itself: Calcutta High Court Reduces Sentence In 2008 Assault Case
The Calcutta High Court upheld the conviction of an accused for causing grievous hurt under Section 325 of the Indian Penal Code, but reduced the sentence to the period already undergone, citing inordinate delay of nearly 17 years in the conclusion of proceedings and prolonged pendency of the appeal.The appeal arose from a 2010 judgment of a Sessions Court in Howrah convicting the appellant...
Calcutta High Court Monthly Digest: February 2026
Citations: 2026 LiveLaw (Cal) 29 to 2026 LiveLaw (Cal) 119'Second Complaint On Same Matrimonial Incident Unsustainable, Abuse Of Process': Calcutta High Court Quashes S.498A IPC CaseCase Title: Asish Bera & Ors. v. State of West Bengal & Anr.Citation: 2026 LiveLaw (Cal) 29Observing that a second criminal proceeding on the “self-same incident” with identical allegations cannot...
Service Benefits Accrued Cannot Be Denied Post-VRS; Ex-Employees Entitled To Arrears: Calcutta High Court
The Calcutta High Court has held that employees who accepted voluntary retirement cannot be denied the benefit of a retrospective pay revision that accrued during their service, observing that such benefits constitute a vested right which survives retirement. Deciding writ petitions filed by ex-employees of Burn Standard Company Limited, Justice Rai Chattopadhyay ruled that once a pay revision...
No Arbitrariness In Clubbing CCTV, GPS & Webcasting Experience: Calcutta High Court On Election Tender
The Calcutta High Court has upheld the tender conditions for providing a surveillance and live web-streaming system for the 2026 West Bengal Assembly elections, reiterating that courts should exercise minimal interference in contractual matters unless the conditions are shown to be arbitrary, discriminatory, or mala fide. Dismissing an appeal filed by M/s Innovatiview India Limited, a...
Magistrate Cannot Direct Police To Conduct 'Inquiry' U/S 175(3) BNSS; Must Assess Grounds Before Ordering Probe: Calcutta High Court
The Calcutta High Court has held that under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate cannot direct the police to conduct an “inquiry” and must himself undertake such inquiry before ordering investigation. Justice Ajoy Kumar Mukherjee clarified that the statutory scheme mandates application of judicial mind, and the expression “inquiry” as defined...
Calcutta High Court Denies Relief To Excise Officer Caught While Allegedly Demanding Bribe To Grant Licence
The Calcutta High Court has refused to quash corruption proceedings against a Deputy Excise Collector accused in a trap case, holding that the existence of prima facie material showing demand and handling of tainted money must be tested at trial.Justice Apurba Sinha Ray dismissed a criminal revision filed under Section 482 CrPC seeking quashing of proceedings under Sections 7 and 13 of...
PMLA Bail Granted After 3 Years' Custody; Calcutta High Court Says Article 21 Can Override Twin Conditions In Cases Of Prolonged Custody
The Calcutta High Court has granted bail to an accused in a money laundering case, holding that prolonged pre-trial incarceration of over three years violates the fundamental right to personal liberty under Article 21 and can justify relaxation of the stringent twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA).Justice Suvra Ghosh observed that howsoever stringent...
Service Of Showcause Notice Via Email Valid Under PMLA Regulations: Calcutta High Court
The Calcutta High Court has held that in proceedings under the Prevention of Money Laundering Act, 2002 (PMLA), the issue of whether all “relied upon documents” (RUDs) have been duly supplied to the noticee must be determined by the Adjudicating Authority at the threshold, before proceeding further with the case. Deciding a writ petition filed by Dipak De, Justice Krishna Rao declined...
Dying Declaration Full Of Suspicious Circumstances Cannot Sustain Conviction: Calcutta High Court Acquits Husband In Wife's Murder Case
The Calcutta High Court has acquitted a man convicted of murdering his wife, holding that a dying declaration surrounded by suspicious circumstances cannot form the sole basis of conviction. A Division Bench of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay set aside the 2015 trial court judgment which had sentenced the appellant to life imprisonment under Section 302 IPC, observing...
Failed To Explain Death Of Woman Living With Him: Calcutta High Court Upholds Man's Life Sentence For Murder, Relies On 'Last-Seen' Theory
The Calcutta High Court has upheld the conviction and life sentence of a man for murdering a woman with whom he was living, holding that the chain of circumstantial evidence, including the “last seen” theory and the accused's conduct after the incident, clearly established his guilt.A Division Bench of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay dismissed an appeal filed by...
Calcutta High Court Orders SIT Probe Into 13-Year-Old Girl's Kidnap, Rape & Murder Case, Cites Serious Lapses In Police Investigation
The Calcutta High Court directed a fresh probe by a Special Investigation Team (SIT) into the alleged kidnapping, rape and murder of a 13-year-old girl in Murshidabad, observing that the investigation conducted so far suffered from serious lacunae and failed to inspire confidence.A Single Bench of Justice Jay Sengupta was hearing a revision petition filed by the victim's mother seeking...