Calcutta High Court judgments

Calcutta High Court rules that once a prior decree conclusively establishes the absence of a landlord-tenant relationship, subsequent applications under Section 17(2) of the West Bengal Premises Tenancy Act for licensee eviction are barred by res judicata. The ruling reinforces finality in property disputes and restricts repetitive litigation over settled legal relationships.

Calcutta High Court clarifies that an attesting witness under Section 63(c) of the Indian Succession Act need not identify their own signature-only testify to witnessing the will's execution. Registration and undisputed handwriting suffice for probate, easing evidentiary burden in holographic will disputes.

Calcutta High Court rules that acquittal in a criminal case does not automatically entitle a Civic Police Volunteer to reinstatement, especially when termination was based on involvement in a criminal case and a 12-year delay renders the claim untenable. The court emphasizes administrative discretion over statutory mandates for remobilization.

Calcutta High Court sets aside RBI's wilful defaulter notice against BSCPL, ruling that invocation of a corporate guarantee alone-without proof of fund siphoning, asset disposal, or repayment capacity-does not meet the statutory threshold under RBI's 2025 Directions. The judgment reinforces natural justice safeguards for guarantors facing regulatory action.

Calcutta High Court rules that assessees unaware of GST orders due to portal design flaws (e.g., orders buried under 'additional notices' tab) can still file appeals under Section 107 CGST Act upon depositing 20% of disputed tax. The ruling underscores natural justice, holding that technical glitches cannot deny statutory appeal rights to compliant taxpayers.

The Calcutta High Court held that an administrative circular cannot retrospectively reduce a contractual tenure explicitly guaranteed in an offer letter, as this violates the vested right of a retired officer who relied on the original terms. This ruling reinforces that contractual promises in public employment, once accepted, cannot be unilaterally diminished without procedural fairness, setting a critical precedent for contract-based appointments across central agencies.

The Calcutta High Court has ruled that claims for unpaid rent and damages arising from a tenant’s continued possession of commercial property after lease expiry constitute commercial disputes under the Commercial Courts Act, 2015. This clarifies that such monetary claims, even if rooted in property possession, fall squarely within the Act’s ambit - mandating exclusive filing in Commercial Courts and streamlining resolution for landlords and commercial lessees alike.

Public Information Officers cannot evade their duty under the RTI Act by claiming they are not custodians of records-they must actively seek and furnish information. The Calcutta High Court has ruled that attempting to terminate proceedings via unilateral corrigenda violates natural justice and undermines the fundamental right to information under Article 19(1)(a), setting a binding precedent for all SPIOs across India.

The Calcutta High Court held that state-owned insurers cannot repudiate insurance claims by disregarding unchallenged survey reports or failing to articulate reasons, as this violates the constitutional mandate of fairness under Article 14. This ruling binds all public sector insurers to adopt transparent, evidence-based decision-making in claim assessments, reinforcing accountability in administrative action.

The Calcutta High Court has ruled that a modified decree for mesne profits under Order XX Rule 12 CPC is not a separate decree but part of the original decree, allowing enforcement in the same execution proceeding. This prevents piecemeal execution, streamlines recovery for decree-holders, and eliminates redundant litigation over the same property dispute.

The Calcutta High Court has ruled that a rape conviction under Section 376 IPC can rest solely on the credible testimony of the prosecutrix, dismissing delay in complaint and absence of medical evidence as fatal flaws. It further held that victim compensation under CrPC 357A must be awarded irrespective of when the offence occurred, reinforcing the state’s duty to redress sexual violence without procedural barriers.

Calcutta High Court clarifies that the proviso under Order XXXIX Rule 4 CPC, allowing modification/vacation of injunctions, applies exclusively to orders passed after contest-not ex parte injunctions. The ruling sets aside a trial court order for misapplying the law, reinforcing procedural fairness in property disputes where status quo orders risk undue hardship.

Calcutta High Court rules that a patta establishes conclusive title, overriding adverse possession claims, even if defendants were in long-standing possession. The court reiterated that second appeals cannot interfere with concurrent factual findings unless a substantial question of law is raised, reinforcing the primacy of documentary title in land disputes.

The Calcutta High Court ruled that eligibility for compassionate appointment under the West Bengal Scheme for Compassionate Appointment, 2013, is determined by the employee's remaining service tenure on the date of medical incapacitation, not the date of retirement application. The court dismissed the petition, emphasizing that the Scheme mandates at least two years of service left at the time of medical declaration for eligibility.

Calcutta High Court rules that employees empanelled but denied timely appointment letters due to state delay are entitled to notional service benefits from the empanelment date. The judgment reinforces that administrative lapses cannot deprive employees of retirement benefits, setting a precedent for similar public employment disputes.

Calcutta High Court quashed NDPS proceedings where the prosecution relied solely on a co-accused's confessional statement to police, reinforcing that such statements are inadmissible under Section 25 of the Evidence Act and cannot form the basis of a criminal case. The ruling underscores the need for independent evidence linking the accused to contraband.

Calcutta High Court holds that a registered lease deed describing land as 'Bastu' meets FPS license eligibility criteria, even without Records of Rights (ROR). Land conversion post-application does not invalidate candidature if approved before final evaluation, reinforcing procedural fairness for applicants.

Calcutta High Court rules that GST registration cancellation for non-filing of returns cannot be permanent without affording an opportunity to comply. The court directed restoration of registration within four weeks upon filing pending returns and payment of dues, emphasizing that revenue interests are best served by enabling compliance rather than exclusion.

The Calcutta High Court has ruled that prolonged separation coupled with false criminal complaints against a spouse can collectively amount to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, allowing divorce even when direct physical cruelty is unproven. This sets a critical precedent for recognizing psychological and procedural abuse as valid grounds for marital dissolution in India.

The Calcutta High Court has ruled that public officials who certify inflated measurements in public works projects commit corruption under Section 13(1)(d) of the Prevention of Corruption Act, even if no bribe is demanded or received. This clarifies that abuse of official position through deliberate misrepresentation of work completion or quantity is sufficient for prosecution, expanding the scope of prosecutable misconduct beyond traditional quid pro quo corruption.

Calcutta High Court dismisses a tenant’s third attempt to amend pleadings after 15 years, holding that Order 6 Rule 17 CPC bars amendments when facts were known earlier and evidence is already closed. The ruling reinforces procedural discipline, preventing tactical delays in civil litigation.

The Calcutta HC reinstated a compassionate appointment after an ossification test confirmed the petitioner was under 35 at the time of provisional appointment in 2021, despite later medical reports suggesting overage. The court held that a nearly five-year delay in finalizing the appointment, coupled with inconsistent medical assessments, rendered the termination prejudicial and violative of natural justice, setting a precedent for delayed compassionate appointments in government services.

Calcutta High Court rules that suspended municipal employees under the WB Municipal Employees Rules, 2010, are entitled to subsistence allowance as a statutory right, regardless of the suspension's validity. The Court also invalidates disciplinary proceedings initiated by an authority lacking competence, reinforcing procedural safeguards in service law.

Calcutta High Court rules that any ex parte interim order passed without notice to a caveator is procedurally invalid and must be recalled immediately, regardless of the opposing party’s knowledge. The judgment underscores that lodging a caveat under Section 148A CPC imposes a mandatory duty on courts to issue notice before granting relief, failing which the order is liable to be set aside.