Calcutta High Court judgments

The Calcutta High Court held that while probate courts must verify a will’s due execution and the testator’s mental capacity under Section 63 of the Indian Succession Act, they lack jurisdiction to adjudicate the factual accuracy of statements within the will. This clarifies the narrow scope of probate proceedings, shielding executors from having to defend the veracity of personal allegations in a will - a critical boundary for estate litigants.

Calcutta High Court rules that inadvertent filing of Form 10BB instead of Form 10B does not defeat Section 12A exemption for charitable trusts, emphasizing substance over procedural technicalities. The authority is directed to decide the pending condonation application within one month, reinforcing CBDT's circular on condonation of delays.

Calcutta High Court rules that a challenge to an auction sale under the RDDB Act is non-maintainable without compliance with the statutory deposit requirement under Rule 60 of the Income Tax Act’s Second Schedule. The court upheld the auction’s validity and directed possession transfer to the buyer within 60 days, reinforcing procedural compliance in debt recovery proceedings.

Calcutta High Court rules that the lease period for mining contracts begins from the date of registration, not physical handover, even if possession is delayed by state authorities. The decision clarifies that force majeure clauses cannot be invoked for administrative delays, impacting leaseholders' operational timelines and contractual obligations.

Calcutta High Court upholds the Returning Officer's discretion to change the vote counting venue under Rule 51 proviso, even if notice is given less than a week before polling, provided the shift serves administrative efficiency and security. The ruling clarifies that strict seven-day notice is not mandatory if the relocation is justified by logistical or security concerns, impacting election transparency and candidate preparedness.

Calcutta High Court rules that promissory estoppel cannot bind the state when public interest-such as maximizing revenue from fly ash auctions-demands otherwise. The judgment clarifies that contractual obligations to supply fly ash at discounted rates must yield to broader fiscal and environmental equity considerations, setting a precedent for state contracts involving hazardous by-products.

Calcutta High Court rules that a party's silence after notice and participation in arbitration proceedings before a designated court constitutes implied consent under Section 20 of the Arbitration and Conciliation Act. The judgment reinforces party autonomy, allowing unilateral venue designation where the opposing party does not object and engages in the process.

Calcutta HC rules that a valid land acquisition award passed under the repealed 1894 Act remains enforceable even if the proceedings lapse under Section 25(2) of the 2013 Act. The judgment clarifies that award validity prevails over statutory lapse, protecting landowners' compensation rights despite procedural delays.

The Calcutta High Court has ruled that applications for mining leases rejected under the repealed 2002 Rules cannot be reconsidered under the 2016 regime unless a Letter of Intent or grant order was already issued before the new rules took effect. This reinforces administrative finality and closes a procedural loophole for stale claims, impacting hundreds of pending applications across West Bengal.

The Calcutta High Court has ruled that retired managerial employees, even if absorbed from a predecessor bank with pension entitlements, cease to be 'workmen' under Section 2(s) of the Industrial Disputes Act upon retirement. This means they cannot invoke industrial dispute mechanisms for pension claims after service ends, reinforcing that statutory protections under the ID Act are tied to active employment status and not post-retirement benefits.

The Calcutta High Court ruled that artisans in Khadi institutions with 10 or more workers are covered under the ESI Act if their compensation is structured as payroll allowances with PF deductions, regardless of claims of self-employment. This sets a critical precedent for social security coverage in the unorganized sector, impacting thousands of artisanal units across India that rely on informal payment models.

The Calcutta High Court has ruled that customs brokers cannot be penalized under Section 114(iii) for export valuation discrepancies unless there is direct evidence of abetment, not just procedural lapses. Documentary KYC compliance under CBLR 2018 fulfills due diligence obligations, rendering physical verification and punitive penalties unjustified. This sets a critical precedent for brokers facing arbitrary penalties based on negligence alone.

The Calcutta High Court has ruled that executing courts lack authority to alter the interest period or amount specified in a final arbitral award, even if the debtor claims a bona fide dispute. This upholds the sanctity of arbitral awards under Section 36 ACA and prevents collateral challenges during enforcement, directly impacting award holders seeking precise recovery and debtors attempting to renegotiate terms post-award.

The Calcutta High Court enforced a 1987 property sale agreement despite non-registration and the vendor’s foreign status, ruling that specific performance is viable when parties act in reliance and no timely plea of avoidance is raised. Financial readiness is inferred from conduct, not cash deposits, reshaping how courts assess readiness under the Specific Relief Act.

The Calcutta High Court denied probate when a will’s signature appeared on a blank page, witness accounts conflicted on execution location, and gaps in text suggested manipulation. This ruling reinforces that propounders must dispel all reasonable doubts about testamentary intent - not just prove formal compliance. Families, executors, and drafters must now treat signature placement and witness consistency as critical evidentiary thresholds.

The Calcutta High Court struck down wilful defaulter orders because the same official participated in both identifying and reviewing the default, violating the principle of impartial adjudication. This ruling reinforces that RBI’s procedural safeguards require truly independent review bodies - affecting all banks and corporate directors facing classification under the Master Directions.

The Calcutta High Court ruled that administrative authorities must proactively advise families of deceased government employees on compassionate appointment procedures under the 2016 notification. Ignorance of formalities due to official inaction cannot justify rejection of welfare benefits, reinforcing that procedural fairness is not optional but a mandatory duty under service law.

The Calcutta High Court has ruled that a party cannot seek arbitration under Section 8 while simultaneously disputing the existence, authenticity, or execution of the agreement containing the arbitration clause. This establishes a clear bar against contradictory pleadings, reinforcing that arbitration cannot be a tactical tool when the foundation of the agreement is denied - a critical check for litigants in commercial disputes.

The Calcutta High Court ruled that knowingly overloading a tanker beyond statutory limits constitutes willful misconduct under insurance policy clauses, voiding coverage even if the accident was not intentionally caused. This sets a clear precedent for insurers to deny claims where statutory violations are proven to be deliberate, shifting the burden to insured parties to prove compliance.

The Calcutta High Court has ruled that banks cannot dismiss customer complaints of unauthorized digital transactions without proving the cardholder’s negligence, as mandated by RBI’s 2017 Zero Liability policy. This sets a binding precedent for all banks to bear the evidentiary burden in fraud disputes, empowering consumers against automated rejections by ombudsman mechanisms.

The Calcutta High Court has ruled that any pending suit involving commercial tenancy eviction and mesne profit, once the Commercial Division is constituted, must be transferred under Section 15 of the Commercial Courts Act, 2015. Orders passed by non-commercial divisions after this requirement arises are null and void, impacting landlords, commercial tenants, and property litigants across India who must now ensure proper jurisdictional routing from the outset.

The Calcutta High Court has ruled that the RBI cannot reject an NBFC’s application for voluntary surrender without first giving it a fair chance to meet its Principal Business Criteria, reinforcing that regulatory exit must follow statutory procedure, not administrative fiat. This sets a critical precedent for all NBFCs seeking orderly wind-down without punitive compliance traps.

The Calcutta High Court has ruled that a duly registered deed of copyright assignment under the Copyright Act, 1957 qualifies for stamp duty exemption under Article 23 of the Indian Stamp Act, 1899, rejecting the demand for formal 'entry' as an outdated procedural hurdle. This clarifies the rights of IP assignees and eliminates a major compliance burden for copyright transactions across India.

The Calcutta High Court has ruled that a suit for recovery of unpaid transport charges is a commercial dispute under the Commercial Courts Act, even after a settlement during IBC proceedings. This clarifies that IBC settlements do not extinguish the commercial nature of underlying contractual claims, ensuring businesses can pursue recovery through specialized commercial courts without procedural evasion.