Calcutta High Court judgments

The Calcutta High Court set aside the criminal complaint, holding that without a specific allegation that a director was ‘in charge of and responsible for the company’s business’ at the time of the offence, Section 141 cannot be invoked. This narrows vicarious liability for directors in cheque-dishonour cases, limiting prosecution to those expressly shown to control the business.

The Calcutta High Court nullified an arbitral award that overstepped its mandate by reshaping the partners’ business, deeming such excess a breach of public policy. It further held that Section 69 of the Partnership Act does not forbid arbitration merely because no dissolution plea was filed, guiding future partnership arbitrations.

The High Court set aside the July 2026 order denying renewal of a foreign contribution registration, finding the authority failed to record a satisfaction of mind and breached natural-justice principles. It ordered a fresh hearing, underscoring that FCRA renewal decisions must be reasoned and afford the applicant a fair chance to be heard. NGOs and societies holding FCRA certificates are directly impacted.

The Calcutta High Court affirmed that a passenger who boards a train in good faith qualifies as a bona-fide passenger, making a death an untoward incident under Section 123(c) and warranting Rs 8 lakh plus interest as compensation to the victim’s family. This clarifies the evidentiary burden for claimants in railway accident cases.

The Calcutta High Court held that a deliberately caused act can still qualify as an ‘accident’ under Section 166 of the Motor Vehicles Act, raising the award to Rs 60 lakh with 6 % interest and rejecting the insurer’s Mediclaim set-off claim.

The Calcutta High Court reinstated a monthly maintenance order, ruling that Section 125 CrPC proceedings are summary and do not demand civil proof of a valid marriage. This prevents destitute spouses from losing relief on technical grounds and clarifies the evidentiary burden in welfare cases.

A dismissal of a complaint for procedural default does not extinguish the power to treat a subsequent petition under CrPC s.156(3) as a new FIR, even when the facts are identical. This safeguards complainants by ensuring procedural lapses cannot shield alleged offences.

The Calcutta High Court ruled that a dispute over unpaid industrial oil supplies is a civil matter, so the criminal case under Sections 420 and 406 IPC was dismissed. This clarifies that commercial payment conflicts cannot be pursued as cheating or criminal breach of trust without clear criminal intent, safeguarding businesses from misuse of criminal law.

The Calcutta High Court set aside a bank’s SARFAESI notice, ruling that under the RBI’s Master Circular an account can be classified as non-performing only after a continuous 90-day default. This safeguards borrowers from premature NPA status and compels banks to follow RBI guidelines.

The Calcutta High Court ruled that Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 exceeds the scope of Section 30 of the Advocates Act, 1961, thereby affirming the right of senior citizens to be represented by a chosen advocate before the Maintenance Tribunal. This ensures tribunals cannot deny legal counsel, strengthening procedural safeguards for elderly litigants.

The Calcutta High Court acquitted the accused, ruling that an unexplained nine-month FIR delay destroys the statutory presumption of guilt under Section 29 of the POCSO Act. The decision limits the presumption to promptly filed FIRs, safeguarding defendants from automatic liability.

A writ petition contesting NPA classification is inadmissible unless the borrower first pursues the SARFAESI enforcement route, and the RBI’s 2023 Fair Lending Guidelines, withdrawn in 2025, do not affect this statutory requirement. This limits borrowers’ recourse to writ jurisdiction and underscores the primacy of SARFAESI procedures.

The Calcutta High Court quashed a magistrate’s summons order, holding it was issued without the required judicial mind and in breach of Sections 202 and 204 CrPC. The ruling makes clear that any process must be based on a reasoned judicial assessment, otherwise the proceeding is void. It protects accused persons from arbitrary issuance of process.

ITAT’s demand that a taxpayer deposit a ₹1 lakh cost before filing an appeal, with automatic confirmation on default, is struck down. The High Court held that a right to appeal cannot be conditioned on payment of costs, preserving access to justice for all assessee under the Income-Tax Act.

The Calcutta High Court held that clear admissions of title and unchallenged tax receipts justify a judgment on admission, yet because the trial court did not examine the merits, the case must be remanded for a fresh trial. This clarifies that judgment on admission does not replace a full merits assessment in partition disputes, impacting parties relying on admitted title.

Calcutta HC set aside the CWC’s finding that the newborn was abandoned and the parents incapacitated, ruling the committee ignored the procedural safeguards of the Juvenile Justice (Care and Protection of Children) Act, 2015. The judgment obliges all custody and adoption orders to meet JJ Act due-process, protecting biological parents.

Even with ECIR proceedings, the Calcutta High Court allowed a ten-year passport renewal where the applicant satisfied the Section 22 exemption, curbing the blanket one-year limit of Notification GSR 570(E). The ruling aids individuals under investigation seeking longer-valid passports.

Calcutta HC held that the limitation for specific-performance begins when the plaintiff first learned of the predecessor’s refusal in 2007, making the suit time-barred, while the defendants’ 2016 possession counter-claim fell within the 12-year period under Article 65 and was upheld, clarifying limitation start-points in property-sale disputes.

The Calcutta High Court issued a permanent injunction, holding that hotels must secure their own copyright licence to broadcast music in guest-room cable systems. Payment of cable subscription fees does not satisfy the statutory licence requirement, exposing hotels and operators to infringement liability.

The Calcutta High Court ruled that the Armenian Holy Church of Nazareth does not qualify as an “industry” under Section 2(j) of the Industrial Disputes Act, setting aside the tribunal award and dismissing the employee’s claim as a workman. This limits industrial-dispute relief to commercial enterprises, affecting workers in religious institutions.

The Calcutta High Court ruled that a plaintiff must demonstrate genuine urgent interim relief to retain leave under Clause 12 of the Letters Patent and to satisfy the mandatory pre-litigation mediation under Section 12A of the Commercial Courts Act. Absent such urgency, the court revoked the leave and ordered the suit to be re-filed in the appropriate forum, tightening compliance with pre-litigation mediation for commercial disputes.

The Calcutta High Court ruled that an executor’s rights to the deceased’s property vest immediately on death, even before probate. It also held that a will’s registration is irrelevant for granting an ad-interim injunction to preserve the property. Executors can therefore enforce claims and restrain third parties prior to probate.

The Calcutta High Court has ruled that executing courts cannot rely on unverified claims of foreign assets to transfer a decree overseas; they must first examine the judgment-debtor under Order XXI Rule 41 CPC to verify asset location and intent. This sets a critical procedural safeguard for debtors facing international enforcement and clarifies territorial jurisdiction limits in cross-border executions.

Calcutta High Court rules that claims of religious persecution under the Immigration and Foreigners Act's exemption clause must be supported by credible, contemporaneous evidence at the investigation stage-not raised for the first time during litigation. The ruling reinforces the burden of proof on foreign nationals seeking refuge from persecution.