302 Calcutta High Court judgments explained in plain English: what was decided, the law applied and why it matters. Page 12 of 13.
Calcutta High Court affirms that conviction under POCSO Act need not depend on medical or third-party corroboration; victim's testimony, if credible, suffices beyond reasonable doubt.
Calcutta High Court holds that statutory interest under Section 34 of the Land Acquisition Act, 1894 accrues from dispossession, irrespective of litigation delays caused by third parties.
High Court at Calcutta holds anticipatory bail is maintainable post-charge sheet and after summons issuance, affirming liberty under Article 21 and rejecting rigid procedural barriers.
Calcutta High Court sets aside reassessment notice for lack of reasoning, affirming that mere extraction of reply is insufficient-reasoned application of mind is mandatory under Section 148A.
Calcutta High Court holds that Section 4 of the Probation of Offenders Act, 1958 overrides minimum sentencing under Section 7 of the Essential Commodities Act after 41 years.
The Calcutta High Court acquits petitioner under Section 326 IPC, holding that inconsistent witness testimony and lack of exclusive attribution negate proof beyond reasonable doubt.
High Court at Calcutta holds that compassionate appointment entitlement persists even if initial beneficiary becomes medically unfit due to state delay, affirming welfare purpose of Scheme 251-Emp.
Calcutta High Court upholds rule of consistency in tax classification, holding that authorities cannot contradict prior acceptance of CESTAT orders for identical goods across different financial years.
Calcutta High Court holds that Section 308 IPC charges cannot stand without corroborative medical evidence; discharge granted where doctor's certificate is silent on administration of harmful substances.
Calcutta High Court upholds right of West Bengal Finance Corporation to conduct e-auction of mortgaged property under Section 29 of SFCA, 1951, rejecting challenges on arbitrariness and procedural flaws.
Calcutta High Court quashes prosecution under Section 409 IPC where accused lacked financial dominion, signed certification, or temporal connection to the alleged fraud.
Calcutta High Court holds that trainees paid stipends under model standing orders are excluded from EPF Act's definition of 'employee', even without certified standing orders.
Calcutta High Court holds that CBSE's 75% attendance rule cannot be relaxed below 50% without contemporaneous medical proof of serious illness, setting a strict evidentiary standard.
Calcutta High Court affirms that dishonour of cheque due to 'no such account' still attracts Section 138 NI Act if issued for legally enforceable debt. Burden shifts to accused to rebut presumption.
Calcutta High Court quashes proceedings against sister-in-law under Section 498A IPC where complaint lacked specific allegations, reinforcing that mechanical application invites abuse of process.
Calcutta High Court upholds conviction under Section 138 NI Act, clarifying territorial jurisdiction rules and fine limits. Key takeaways for practitioners.
Calcutta High Court holds that non-renewal of contractual service is not termination requiring natural justice, but illegal re-engagement by Minister violates rule of law.
Calcutta High Court holds that delay in filing probate is a rebuttable presumption, not an absolute bar, if execution and attestation are proved and delay reasonably explained.
Calcutta High Court holds that banks cannot forfeit earnest money when sale notices misrepresent property area, possession, or encumbrances, violating SARFAESI Rules.
Calcutta High Court holds that dismissal of substitution application on procedural technicalities without granting liberty to refile violates principles of natural justice and fair procedure.
Calcutta High Court quashes criminal proceedings arising from a failed real estate MOU, holding that breach of contract without initial dishonest intent does not constitute cheating or criminal breach of trust.
Calcutta High Court upholds Look Out Circular against petitioner who evaded summons, settled in China, and failed to submit documents in a Rs. 215 crore fraud case under Companies Act, 2013.
Calcutta High Court holds that banks must serve Forensic Audit Reports with show cause notices under RBI Master Directions to uphold natural justice in fraud classification proceedings.
Calcutta High Court directs West Bengal Land Reforms and Tenancy Tribunal to decide vacating application and original dispute within June 2026, emphasizing strict adherence to timelines.