302 Calcutta High Court judgments explained in plain English: what was decided, the law applied and why it matters. Page 9 of 13.
Calcutta High Court rules that an accused may voluntarily withdraw a criminal appeal under Section 374(2) CrPC, provided no prejudice to the State is shown. The court affirmed that an appeal is a right, not a duty, and Section 386(e) CrPC permits such withdrawal as a just order, reinforcing the accused's autonomy in appellate proceedings.
Calcutta High Court upheld a Will granting two floors to children from the first marriage and one floor with alienation rights to the second wife, ruling that admitted intimate relationships and equitable distribution rebut presumptions of undue influence or suspicious circumstances under succession law.
Calcutta High Court stayed an arrest warrant against an accused who married the complainant during trial, recognizing marriage as a compelling circumstance. The court directed the accused to surrender within four weeks for bail consideration, emphasizing judicial discretion in personal offence cases.
Calcutta High Court rules that a gift deed under the Transfer of Property Act confers landlord status under the West Bengal Premises Tenancy Act, 1997, without explicit assignment. Tenants failing to contest termination notices under Section 2(g) are deemed trespassers, reinforcing the automatic transfer of tenancy rights.
Calcutta High Court sets aside Rs. 50 lakh surety bond and property valuation conditions in an NDPS case, ruling that bail terms must be realistic for ordinary citizens to prevent Article 21 violations. The judgment reinforces that liberty cannot be made illusory through financially onerous or impractical conditions.
Calcutta High Court clarifies that eligibility under Section 10(iv) of the Hindu Adoption and Maintenance Act is determined at the time of filing the adoption application, not the date of the court order. The ruling protects petitioners from procedural delays and reinforces child welfare as the primary consideration in adoption cases.
Calcutta High Court ruled that mere payment of penalty does not constitute compliance with Section 149 of the Companies Act, 2013, requiring appointment of a woman director. The Court held that the question of compliance is a triable issue necessitating substantive evidence, impacting corporate governance standards for unlisted companies.
The Calcutta High Court quashed proceedings under BNS Sections 126(2) and 351(2), ruling that mere verbal abuse and general threats-without injury or specific intent-do not establish a prima facie case. The decision reinforces that non-cognizable offences require concrete evidence to justify criminal proceedings.
Calcutta High Court rules that an employee’s valid authorization under CCS(RSA) Rules, 1993 for union subscription deduction remains enforceable even after union derecognition. The judgment underscores that individual consent-not administrative recognition-governs payroll deductions, protecting employees’ right to direct salary contributions to unions of their choice.
Calcutta High Court clarifies that statutory tenancy under Section 2(g) of the West Bengal Premises Tenancy Act, 1997 terminates five years after the original tenant's death, entitling landlords to summary eviction without trial. The ruling reinforces that admissions in pleadings can bypass prolonged litigation, impacting inheritance-based tenancy disputes in West Bengal.
Calcutta High Court rules that a valid disability certificate issued under the Rights of Persons with Disabilities Act, 2016, cannot be disregarded by a general medical fitness assessment for government jobs. The court emphasized that appointment cannot be denied based on perceived disability percentage if a statutory certificate exists, reinforcing the primacy of statutory certification in public employment.
Calcutta High Court rules that State Bank of India, as an 'autonomous body', must comply with the Supreme Court’s directive to reinstate untainted candidates from the SLST 2016 recruitment, ensuring full service continuity, seniority, and increments. The judgment clarifies that public sector banks cannot evade the apex court’s mandate by claiming non-governmental status, setting a precedent for similar cases involving livelihood rights and service law.
The Calcutta High Court dismissed writ petitions challenging land reform orders, ruling that the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, provides an effective statutory remedy, thereby ousting Single Bench jurisdiction under Article 226. This reinforces the principle that writ courts should not intervene when an alternative remedy is available, impacting land reform disputes in West Bengal.
Calcutta HC quashes criminal proceedings against a bona fide purchaser who rectified a forged land title by paying double the market value, holding that restitution in private property disputes negates criminal liability. Continuing prosecution in such cases amounts to abuse of process under Section 528 BNSS.
Calcutta HC rules that a municipal corporation cannot evade its statutory duty to remove illegal constructions obstructing a citizen's right to light and air merely because an appeal is pending without a stay. The court directed KMC to act within four weeks, reinforcing that administrative inaction violates fundamental property rights.
Calcutta HC rules that denying 1997 pay revision benefits to VRS retirees while granting them to officers violates Article 14. The court held that accrued pay scale rights survive retirement, mandating arrears payment from January 1, 1997, within four months from the Rs. 417 crore corpus. This sets a precedent for equal treatment in pay revisions under service law.
Calcutta High Court rules that mere delay in seeking amendment under Order VI Rule 17 CPC cannot bar pleadings if the amendment is essential to determine the real dispute. The court allowed incorporation of a Deed of Revocation in a fraud case, emphasizing procedural justice over technicalities, even where the deed's validity was contested under the Transfer of Property Act.
The Calcutta High Court ruled that a tenant’s half-century of continuous, unchallenged use of a landlord’s compound for vehicle delivery constitutes an implied easement by grant, not mere permissive use. This sets a critical precedent for commercial tenants in urban property disputes, affirming that long-standing, essential operational practices can crystallize into legally enforceable rights even without written agreement.
The Calcutta High Court ruled that a minor victim's consistent testimony, corroborated by medical evidence, is sufficient for conviction under the POCSO Act even if the accused was previously acquitted in a separate case. The judgment reaffirms that prior acquittal does not bar prosecution where fresh evidence emerges, setting a critical precedent for sexual offence trials.
The Calcutta High Court has ruled that technical lapses in minority school recruitment advertisements-such as missing phone numbers or vague post titles-cannot nullify otherwise valid selection panels, provided all statutory eligibility criteria are satisfied and no candidate is prejudiced. This affirms the autonomy of minority institutions under Article 30, reinforcing that annexures serve as guidelines, not rigid mandates, in administrative recruitment processes.
Calcutta High Court quashes KMDA's land allotment to a cooperative society, ruling that public property disposal requires a published policy, public notice, and fair process to comply with Article 14. The judgment mandates transparency in administrative actions affecting public assets, impacting all government land allocation practices.
Calcutta High Court sets aside a wilful defaulter declaration against guarantors for failing to provide critical documents or reasoned orders, reinforcing that procedural fairness mandates full disclosure and transparency in banking proceedings. The ruling directs fresh proceedings with strict adherence to natural justice principles, impacting lenders' obligations under RBI guidelines.
The Calcutta High Court ruled that when a company’s board formally acknowledges unpaid salary, perquisites, leave encashment, and gratuity owed to a Managing Director-even if voluntarily deferred-those amounts become legally enforceable debts. This sets a critical precedent for corporate accountability, ensuring that board resolutions can override informal deferrals and protect executive compensation rights under contract law.
Calcutta High Court rules that a mere reference to 'thika property' in pleadings is insufficient to trigger vesting under the 1981 Act. The defendant must specifically allege facts meeting the statutory definition of thika tenancy to challenge a registered sale deed, failing which the sale remains valid.