Calcutta High Court judgments

Calcutta High Court rules that alleged GST non-compliance and unsigned invoices do not eliminate triable issues in a Rs. 6.5 crore commercial dispute, reinforcing that summary judgment under Order XIII-A CPC requires clear absence of a genuine dispute. The ruling underscores the need for a full trial where factual or legal complexities persist.

The Calcutta High Court has ruled that a public entity cannot invoke a bank guarantee after the defects liability period expires unless it proves the existence of unresolved defects and issues a valid notice. This reinforces that performance security is not an automatic fallback for delayed or unverified claims, protecting contractors from arbitrary encashment and upholding the contractual balance between security and accountability.

The Calcutta High Court has ruled that municipal corporations cannot erect permanent structures obstructing a private property’s access to the main road, even on former waste disposal land, without statutory backing or compensation. This affirms that property frontage rights are constitutionally protected and cannot be encroached upon under the guise of public utility.

Calcutta High Court rules that an arbitration clause mandating mutual consent for arbitrator appointment fails the certainty requirement under Section 11 of the Arbitration and Conciliation Act, 1996. The judgment invalidates such clauses, reinforcing that arbitration agreements must demonstrate binding intent and enforceability without contingency.

The Calcutta High Court ruled that fraudulent procurement of government employment nullifies the appointment from the outset, rendering any subsequent delay in discovery irrelevant. This sets a firm precedent for security forces and public employers: integrity at entry is non-negotiable, and decades of service cannot immunize misconduct.

Superior officers may override a Reporting Officer's favorable APAR grading without malice or arbitrariness, provided documented performance deficiencies remain uncorrected despite formal advisories. This clarifies the limits of judicial review in military performance assessments and reinforces procedural accountability under BSF guidelines.

The Calcutta High Court enforced a Canadian court’s custody order, directing the return of a Canadian-born child to Ontario despite a habeas corpus petition filed in India. This ruling affirms that international custody determinations, especially when grounded in shared parenting agreements and child welfare principles, prevail over domestic writ jurisdiction-setting a critical precedent for cross-border family law disputes involving dual-national children.

Calcutta High Court rules that a tenant's failure to deposit admitted rent arrears within the prescribed one-month period under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, renders their application invalid, irrespective of Covid-19 disruptions. The ruling underscores strict procedural compliance in eviction disputes, impacting landlords and tenants under the Act.

Calcutta High Court rules that a Debts Recovery Tribunal’s interim observation on NPA classification is tentative and does not bind parties at the final hearing. The Court also affirms that a Chief Judicial Magistrate can extend the execution time for a possession order under Section 14(2) of the SARFAESI Act, even if the procedural terminology used is imprecise, ensuring flexibility in enforcement.

Calcutta High Court directs the Transport Department to consider a 20-year unauthorized auto-rickshaw operation under a one-time regularization scheme, but mandates adherence to procedural fairness and reasoned orders. The ruling reinforces that even discretionary relief schemes must comply with natural justice principles, affecting thousands of similarly placed permit holders.

Calcutta High Court rules that mutation proceedings under the West Bengal Land Reforms Act, 1955, are purely administrative and cannot be stayed due to pending civil suits or status quo orders. The judgment clarifies that revenue authorities must proceed with mutation applications regardless of title disputes before civil courts, ensuring timely updates to land records.

Calcutta High Court quashes proceedings under Section 498A IPC against an aunt-in-law, ruling that generic allegations without specific instances of cruelty or dowry demand fail to establish a prima facie case. The judgment reinforces that mechanical cognizance by magistrates without judicial application of mind is impermissible, impacting how matrimonial disputes involving distant relatives are adjudicated.

Calcutta High Court ruled that prolonged tribunal delays violate the right to speedy justice under Article 21, especially for elderly litigants. The court directed the West Bengal Land Reforms Tribunal to dispose of a 2023 case within six months, emphasizing that complete records and advanced age necessitate expedited proceedings.

Calcutta High Court rules that acts of coercion and extortion during a vigilance enquiry fall outside the scope of official duty, stripping public servants of Section 197 CrPC immunity. The judgment clarifies that only acts integrally connected to official functions warrant protection, impacting criminal proceedings against government officials.

Calcutta High Court rules that proven gross misconduct in disciplinary proceedings is sufficient to forfeit gratuity under Section 4(6)(b)(ii) of the Payment of Gratuity Act, 1972, even without a criminal conviction. The ruling clarifies that procedural lapses in notice are curable, reinforcing employers' rights to withhold gratuity for serious misconduct.

The Calcutta High Court has ruled that pending civil litigation cannot be used to bar revenue tribunals from deciding tenancy and land rights under Section 61 of the West Bengal Land Reforms Act, 1955. This clarifies the statutory separation between civil and revenue jurisdictions, empowering land reform authorities to act even when civil suits over the same land are ongoing - a critical precedent for thousands of pending land disputes in West Bengal.

Calcutta High Court sets aside a rape conviction under Section 376 IPC, ruling that subsequent marriage and cohabitation negate the claim of deceit unless the prosecution proves fraudulent intent existed at the time of the act. The judgment clarifies that consent under misconception (Section 90 IPC) requires evidence of initial deception, not merely a broken promise.

Directors remain criminally liable under the SEBI Act for non-refund of investor funds even after the company's dissolution, as the offence is continuing in nature and not barred by limitation under CrPC Section 468. This ruling expands accountability beyond corporate shells, reinforcing investor protection in unregistered collective investment schemes.

The Calcutta High Court has clarified that prolonged psychological harassment, even if documented through call records, cannot amount to abetment of suicide under Section 306 IPC unless there is direct, immediate coercion linked to the act. This ruling reinforces the high threshold for criminal liability in suicide cases, protecting individuals from liability based on distant or indirect conduct.

The Calcutta High Court acquitted an accused under the POCSO Act after finding the victim’s account of being dragged 500 meters through a school-day thoroughfare implausible without a single witness. The ruling underscores that prosecutorial failure to account for public visibility and corroborative evidence can fatally undermine even serious sexual offense charges, reshaping how courts assess credibility in POCSO cases where forensic evidence is inconclusive.

Calcutta High Court reaffirms that extra-judicial confessions, without corroborative evidence, cannot sustain a murder conviction under Section 302 IPC. The ruling underscores the necessity of consistent witness accounts and investigative support to meet the 'beyond reasonable doubt' standard in criminal trials.

Calcutta High Court upholds conviction under Section 302 IPC, ruling that the husband’s failure to explain his wife’s death at their home-despite no direct evidence-shifts the burden of proof under Section 106. The unbroken chain of circumstantial evidence sealed the conviction, reinforcing that silence in such cases can be fatal.

Calcutta High Court rules that the Industrial Disputes Act, 1947 remains operative until a clarificatory notification under Section 104 of the Industrial Relations Code, 2020 is published, rejecting the argument of automatic repeal. The judgment underscores that statutory repeal requires explicit governmental action, impacting pending industrial disputes and tribunal jurisdiction.

The Calcutta High Court ruled that detaining an accused for over three years without trial under the PMLA, despite bail in the predicate offence and concluded investigation, violates the fundamental right to liberty under Article 21. This sets a critical precedent that statutory bail barriers under Section 45 cannot override constitutional protections when trial delays are unreasonable and evidence is already secured.