Enquiry Report By Sitting HC Judge In Administrative Capacity Is Not Judicial Order, Cannot Be Referred To Larger Bench: Calcutta High Court

The Calcutta High Court has held that a disciplinary enquiry report prepared by a sitting High Court judge in his administrative capacity is not a judicial order, and therefore a writ petition challenging such a report does not warrant hearing by a Bench of two or more Judges.Justice Reetobroto Kumar Mitra was hearing a writ petition filed by Rajender Kumar Dudeja challenging disciplinary proceedings and an enquiry report against him. The petitioner had argued that the matter ought to be heard...

Police Cannot Decide Legality Of Dairy Farms Or Health Hazard Claims, Pollution Control Board Is Appropriate Authority: Calcutta High Court

The Calcutta High Court has held that the police are not the appropriate authority to decide whether dairy farms are being operated in accordance with law or whether their operation is causing health hazards, directing a petitioner aggrieved by neighbouring dairy units to approach the West Bengal Pollution Control Board.Justice Saugata Bhattacharyya was hearing a writ petition filed by Angurbala Mondal, who alleged that respondent nos. 7 and 8 were running unauthorised dairy farms or units...

"Do Not Appreciate Conduct Of Administration": Calcutta High Court On BDO Halting Court-Ordered Demolition

The Calcutta High Court has strongly criticised the administration for stopping the demolition of an unauthorised construction after the period granted to the occupants for voluntarily removing the structure had expired, observing that the authorities could not have discontinued the process despite an order of the Constitutional Court directing demolition."We fail to understand how the Block Development Officer, Canning-I and the police authorities could stop the process of demolition when the...

Calcutta High Court Directs CBI To Probe 'Money Trail' Behind 42 Allegedly Unauthorised Buildings, Seeks KMC's Demolition Plan

The Calcutta High Court has directed the Central Bureau of Investigation (CBI) to conduct a preliminary enquiry into allegations concerning a large number of completely unauthorised multi-storeyed buildings in Kolkata, including the alleged flow of multiple crores of rupees into their construction and sale.A Division Bench comprising Chief Justice Ravindra Vithalrao Ghuge and Justice...

Calcutta High Court Upholds Jail Sentence For Building Owner Who Carried Out Unauthorised Construction Under Roof-Repair Permit

The Calcutta High Court has upheld a two-year sentence imposed on a building owner for carrying out unauthorised construction under the cover of a municipal permit that was limited to reconstruction of the roof of an existing two-storeyed structure. Justice Uday Kumar held that a permission granted specifically for “reconstruction of roofs only” could not be treated as authorisation...

'Concerned': Calcutta High Court Orders State To Reply To PIL Seeking Road Access For Students Forced To Walk On Marshland To Reach School

The Calcutta High Court has expressed concern over the lack of an access road to two schools in South 24 Parganas, observing that students were being forced to wade through marshy land to reach a newly constructed school building for midday meals.A Division Bench comprising Chief Justice Ravindra V. Ghuge and Justice Tapabrata Chakraborty made the observation while hearing a public...

LiveLaw Calcutta High Court Monthly Digest: 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...

Loan Recovery Suit May Qualify As Commercial Dispute Even Without Express Reference To Written Contract: Calcutta High Court

The Calcutta High Court has held that a suit seeking recovery of money advanced by a company cannot be summarily rejected at the threshold merely on the ground that the plaint does not expressly refer to a written agreement or mercantile document to establish that the dispute is commercial in nature.Justice Aniruddha Roy observed that where the nature and character of the financial...

Calcutta High Court Sets Aside Rejection Of Plaint, Holds Limitation Issue In Property Dispute, S.3 TPA Notice Needs Trial

The Calcutta High Court has set aside an order rejecting a plaint under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, holding that the question of limitation arising in a property dispute could not be conclusively determined from the pleadings and documents at the threshold and required adjudication after the parties were given an opportunity to lead evidence.A Division...

Calcutta High Court Restrains Authorities From Acting On Fire Dept's Notice To Vacate TMC's Camac Street Office Over Alleged Lapses

The Calcutta High Court on Thursday restrained the authorities from acting upon a notice issued by the Fire and Emergency Services Department directing the vacation of certain portions of the Trinamool Congress (TMC)'s Camac Street office over alleged fire safety violations.Justice Krishna Rao was hearing a petition filed by the TMC challenging the notices issued by the Fire Department...

Calcutta High Court Grants Anticipatory Bail To West Bengal MLA Humayun Kabir In Case Over Alleged Political Speech

The Calcutta High Court has granted anticipatory bail to Aam Janata Unnayan Party (AJUP) MLA Humayun Kabir in connection with a case registered at Rejinagar Police Station under several provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 152, observing that it did not find even prima facie ingredients of the offence under Section 152 and that there was no need for his...

Divorced Wife Can Continue To Claim Maintenance If She Has Not Remarried: Calcutta High Court

The Calcutta High Court has held that an ex parte decree of divorce obtained by a husband does not, by itself, extinguish his statutory obligation to maintain his former wife if she has not remarried and is unable to maintain herself.At the same time, the Court held that an unmarried daughter who had already attained majority before the filing of a Section 125 CrPC maintenance petition and...