Calcutta High Court judgments

Calcutta High Court rules that a testamentary bequest under a lease deed amounts to an 'assignment' under Clause 10, mandating prior written consent from the lessor. However, mutation via heir nomination remains valid if the lessor has historically accepted such nominations, as seen in Visva Bharati’s 1995 precedent.

Calcutta High Court rules that disciplinary dismissal based solely on an uncorroborated admission violates natural justice, mandating reinstatement where no independent evidence supports the charge. The judgment reinforces that proportionality and fair hearing are non-negotiable in service law, impacting employers and employees in industrial disputes.

The Calcutta High Court ruled that self-made, unverified entries in a peon book-without official acknowledgment or corroboration-cannot satisfy the burden of proof for pension eligibility. This reinforces that statutory pension claims require authentic, contemporaneous documentation, not internal administrative notes, affecting all government and public sector employees relying on informal records to assert vested rights.

The Calcutta High Court has ruled that adjusting a tax refund beyond 20% of a disputed demand without giving the assessee a prior opportunity to be heard violates the principles of natural justice. This sets a critical precedent for all taxpayers facing refund adjustments under Section 245, mandating procedural fairness even in recovery actions by the Income Tax Department.

The Calcutta High Court has ruled that official disciplinary measures against public servants, even if financially damaging or procedurally flawed, do not amount to criminal defamation under Section 500 IPC unless they demonstrably lower the individual’s reputation in the eyes of the public. This clarifies the boundary between service jurisprudence and criminal liability, protecting institutional authority while upholding the high threshold for defamation.

Calcutta HC quashed criminal proceedings against a father accused of assault during court-ordered visitation, ruling that the FIR lacked credible evidence of criminal intent (mens rea) and suffered from unexplained delay. The judgment reinforces that visitation disputes cannot be criminalized without clear proof of wrongful intent, protecting parents from abuse of process under Bharatiya Nyaya Sanhita (BNS).

Calcutta High Court quashes criminal proceedings under IPC Sections 406/420, ruling that mere failure to repay for returned goods does not constitute criminal breach of trust or cheating unless dishonest intent is proven at the transaction's outset. The judgment reinforces that commercial defaults should be resolved through civil remedies, not criminal prosecution.

Calcutta High Court refuses to suspend the life sentence of a convict in the 2010 Silda camp terrorist attack, emphasizing that grave offences under UAPA, IPC (waging war against the State), and the Arms Act override personal circumstances, including prolonged pre-conviction bail. The ruling underscores the stringent bail standards for terrorism-related convictions.

Calcutta High Court holds that interim relief applications under Section 9 of the Arbitration and Conciliation Act, 1996, in commercial disputes must exclusively be heard by courts notified under the Commercial Courts Act, 2015. Orders passed by non-designated courts are set aside, reinforcing jurisdictional clarity for businesses and arbitral parties.

Calcutta High Court rules that administrative delays or inaction by railway authorities do not confer entitlement to treat sick leave as duty service for pay or service credit. The judgment underscores that such benefits require explicit basis in statutory leave rules, not mere procedural lapses.

Calcutta High Court rules that third-party coal contractors can claim restitution against prior allottees under Section 11(2) of the Coal Mines Act, 2015, even if the underlying contract is void. The judgment affirms that statutory remedies override contractual illegality, protecting commercial interests in coal mine disputes.

Calcutta High Court rules that Covid-19 lockdown qualifies as force majeure under mining lease agreements, mandating lease period extensions. The judgment reinforces that administrative restrictions cannot override contractual rights to lease prolongation, impacting lessees across public-private mining contracts.

Calcutta High Court rules that insurers cannot reject motor accident claims solely based on delayed FIR filing or unverified allegations of fake licenses. The court mandates a prior inquiry and hearing for the vehicle owner before denying compensation, enhancing the award to Rs. 14 lakh with 6% interest. This reinforces procedural fairness in third-party liability claims under the Motor Vehicles Act.

Calcutta High Court rules that a municipal body's failure to dispute running account bills or supplementary work claims under a public works contract constitutes acceptance, imposing liability for Rs. 1.88 crore in unpaid dues. The court awarded 10% p.a. interest from the date of filing, reinforcing contractors' rights against delayed payments by government entities.

Calcutta High Court rules that employees transferred on deputation without express consent cannot later challenge the posting if they accepted the role, drew salaries, and remained silent for over a year. The court holds that conduct implying acceptance-such as continued service-constitutes tacit consent, binding employees under public sector standing orders.

The Calcutta High Court ruled that arbitrator bias, even with public evidence like attendance at events, does not meet the threshold of 'fraud' under Section 36(3) of the Arbitration Act to warrant an unconditional stay of a ₹765.78 crore award. The court granted a conditional stay pending deposit of security, setting a precedent on the narrow interpretation of fraud in arbitration enforcement.

Calcutta HC quashes Punjab National Bank's fraud classification of borrower accounts, ruling that reliance on undisclosed Joint Lenders Meeting decisions and judicially quashed audit reports violates natural justice. The judgment reinforces that banks must provide borrowers an opportunity to respond to all adverse material before fraud tagging under RBI Master Directions.

Calcutta High Court rules that the period spent pursuing an IBC Section 9 application dismissed due to a pre-existing dispute can be excluded under Section 14 of the Limitation Act when filing a subsequent civil suit. This holding clarifies the interplay between IBC jurisdictional bars and limitation periods, offering relief to creditors navigating procedural hurdles in debt recovery.

Calcutta High Court rules that prolonged state possession of private land without lawful acquisition or compensation violates Article 300A. The court mandates fresh proceedings under the Right to Fair Compensation Act, 2013, rejecting delay as a defense where no legal authority exists for retention.

The Calcutta High Court has ruled that under the West Bengal Premises Tenancy Act, 1997, a tenant’s defence is automatically struck out if admitted rent arrears are not deposited within 30 days of filing under Section 7(1), regardless of whether a rent dispute is pending under Section 7(2). This sets a strict compliance standard for tenants seeking to contest eviction, making timely deposit a non-negotiable precondition to legal defence.

Calcutta HC rules that AICRP scientists, despite identical service conditions, cannot claim regular teacher status or retirement age benefits under the BCKV Act without explicit State approval under Section 33A. The judgment underscores that statutory compliance prevails over functional equivalence, impacting employment rights of project-based academic staff.

The Calcutta High Court reinforced that appellate courts may independently adjudicate unchallenged eviction grounds under the West Bengal Premises Tenancy Act if evidence supports them, even when the trial court declined to rule on those grounds. This ruling clarifies the scope of appellate powers in tenancy disputes, ensuring substantive justice over procedural technicalities.

Calcutta High Court acquitted appellants in a dacoity case, ruling that a delayed test identification parade and inconsistent witness statements without corroborative evidence cannot sustain conviction. The judgment underscores that recovery from one accused does not implicate co-accused without direct evidence, reinforcing strict standards for identification evidence under the Indian Evidence Act.

Calcutta High Court rules that courts must assess the earning capacity of both spouses under the PWDV Act before granting ad-interim maintenance, regardless of professional standing. Failure to follow Rajnesh v. Neha's disclosure mandate renders maintenance orders void, though child maintenance remains absolute.