Calcutta High Court Case Commentaries

Sentencing Leniency for Extraordinary Appellate Delay: Imprisonment Reduced to Period Undergone with Enhanced Fine Despite Affirmed Conviction (Section 325 IPC)

Date: Mar 19, 2026

Sentencing Leniency for Extraordinary Appellate Delay: Imprisonment Reduced to Period Undergone with Enhanced Fine Despite Affirmed Conviction (Section 325 IPC) 1. Introduction In PALAS DOLUI@TANAI...

Expedited Commitment to Sessions Court and Split-Up Procedure Where Co-Accused Are Absconding

Date: Mar 19, 2026

Expedited Commitment to Sessions Court and Split-Up Procedure Where Co-Accused Are Absconding 1. Introduction In ANIL CHANDRA BARMAN v. THE STATE OF WEST BENGAL (Calcutta High Court, Circuit Bench at...

Vague Allegations, Material Omissions and an Unproved Post-Mortem Report: Acquittal Standards for Sections 498A and 306 IPC

Date: Mar 6, 2026

Vague Allegations, Material Omissions and an Unproved Post-Mortem Report: Acquittal Standards for Sections 498A and 306 IPC Case: PURNA CHANDRA RAUL v. THE STATE OF W.B Court: Calcutta High Court...

Quashing Post-Charge-Sheet Proceedings Where Materials Create Only “Suspicion” (Not “Grave/Strong Suspicion”): Reaffirming the Criminal Court’s Filtering Role

Date: Mar 3, 2026

Quashing Post-Charge-Sheet Proceedings Where Materials Create Only “Suspicion” (Not “Grave/Strong Suspicion”): Reaffirming the Criminal Court’s Filtering Role 1) Introduction Case: SWAPAN KUMAR GHOSH...

Reclassifying Section 326 to Section 325 IPC: Bamboo Stick/Rod Causing Fracture Not Per Se a “Weapon Likely to Cause Death”

Date: Mar 3, 2026

Reclassifying Section 326 to Section 325 IPC: Bamboo Stick/Rod Causing Fracture Not Per Se a “Weapon Likely to Cause Death” 1. Introduction In GOUTAM SAHA & ORS v. STATE OF WEST BENGAL & ANR...

Expert Report Not Cited as Witness Is Not Fatal at Discharge Stage; Forgery Allegations Based on Post-Signature Alteration Must Go to Trial

Date: Feb 28, 2026

Expert Report Not Cited as Witness Is Not Fatal at Discharge Stage; Forgery Allegations Based on Post-Signature Alteration Must Go to Trial Court: Calcutta High Court (Criminal Revisional...

Judicial Restraint in Election-Tech Tenders: Upholding Counting-Centre CCTV Experience as a Rational Eligibility شرط

Date: Feb 28, 2026

Judicial Restraint in Election-Tech Tenders: Upholding Counting-Centre CCTV Experience as a Rational Eligibility Requirement 1. Introduction This decision of the Calcutta High Court (Krishna Rao, J.)...

Reading Up Excise Exemption Rules to Cure Intra-Class Discrimination Between Private and Public Limited Companies

Date: Feb 27, 2026

Reading Up Excise Exemption Rules to Cure Intra-Class Discrimination Between Private and Public Limited Companies Court: Calcutta High Court, Civil Appellate Jurisdiction (Division Bench) Case: State...

Liberal Condonation of Delay on Proven Illness and Advocate Laches: Medical Exhibits Without Objection Need Not Be Proved Beyond Reasonable Doubt

Date: Feb 26, 2026

Liberal Condonation of Delay on Proven Illness and Advocate Laches: Medical Exhibits Without Objection Need Not Be Proved Beyond Reasonable Doubt Case: MANOJ KUMAR CHAKRABORTY & ANR v. AYAKAR GRIHA...

Duty of the Certificate-Issuing Authority to Cancel an OBC Certificate After a Finding of Non-OBC Status

Date: Feb 26, 2026

Duty of the Certificate-Issuing Authority to Cancel an OBC Certificate After a Finding of Non-OBC Status Case: KHUKURANI MONDAL GHORAI v. STATE OF WEST BENGAL AND ORS. (with Ranajit Rakshit v. State...

Role-Specific Scrutiny for Section 308 IPC at the Discharge Stage in Matrimonial Prosecutions

Date: Feb 25, 2026

Role-Specific Scrutiny for Section 308 IPC at the Discharge Stage in Matrimonial Prosecutions 1. Introduction BHARAT SONI AND OTHERS v. NANDINI SONI AND ANOTHER (Calcutta High Court, decided on...

Quashing Criminal Process Where Complaint and Case Diary Lack Specifics: Civil Property Rivalry Cannot Be Cloaked as IPC 500/504/506/509

Date: Feb 25, 2026

Quashing Criminal Process Where Complaint and Case Diary Lack Specifics: Civil Property Rivalry Cannot Be Cloaked as IPC 500/504/506/509 1. Introduction In AVIJIT SINGHA ROY v. STATE OF WEST BENGAL &...

Appellate Restraint in State Appeals: Acquittal Upheld Where Identification, Section 27 Disclosure, and Recovery/Ownership of Property Are Unreliable

Date: Feb 25, 2026

Appellate Restraint in State Appeals: Acquittal Upheld Where Identification, Section 27 Disclosure, and Recovery/Ownership of Property Are Unreliable 1. Introduction Case: STATE OF WEST BENGAL v....

Hostile Title Must Be Against the True Owner: Permissive Possession of Debutter Property Does Not Ripen into Adverse Possession

Date: Feb 25, 2026

Hostile Title Must Be Against the True Owner: Permissive Possession of Debutter Property Does Not Ripen into Adverse Possession 1. Introduction The Calcutta High Court (Sugato Majumdar, J.) in...

Foreseeable Future Need as “Reasonable Requirement”, “Not Claimed” as Deemed Service, and No Nullity on Death of One Joint Tenant-Heir

Date: Feb 25, 2026

Foreseeable Future Need as “Reasonable Requirement”, “Not Claimed” as Deemed Service, and No Nullity on Death of One Joint Tenant-Heir 1. Introduction Case: Sanjay Agarwal and Ors. v. Rita Deb Court:...

Probate Refused Where Attestation Is Not Proved: Date Discrepancy and Non-Examination of Second Attesting Witness (Section 63, Succession Act)

Date: Feb 25, 2026

Probate Refused Where Attestation Is Not Proved: Date Discrepancy and Non-Examination of Second Attesting Witness (Section 63, Succession Act) Court: Calcutta High Court (Testamentary and Intestate...

Anticipatory Bail is Maintainable Post-Charge Sheet on Issuance of Summons: Apprehension of Court-Ordered Custody Qualifies as Apprehension of Arrest

Date: Feb 25, 2026

Anticipatory Bail is Maintainable Post-Charge Sheet on Issuance of Summons: Apprehension of Court-Ordered Custody Qualifies as Apprehension of Arrest Case: ASIT BARIK v. THE SUPERINTENDENT OF POLICE,...

Blacklisting of Contractors Under West Bengal Form No. 2911 Requires Sequential Debarment Procedure and Departmental Competence

Date: Feb 25, 2026

Blacklisting of Contractors Under West Bengal Form No. 2911 Requires Sequential Debarment Procedure and Departmental Competence Case: M/S. RAHAMAN CONSTRUCTION AND ANOTHER -VERSUS- THE STATE OF WEST...

Functional Disability Despite Continued Employment: Non-Pecuniary Loss, Future Prosthesis and Workplace Performance as Compensable Heads

Date: Feb 25, 2026

Functional Disability Despite Continued Employment: Non-Pecuniary Loss, Future Prosthesis and Workplace Performance as Compensable Heads 1. Introduction The appeal in SUDIP RANJAN DEY v. THE MANAGER,...

Benefit of Doubt from Material Omissions and “First-Time-in-Court” Attribution in Section 326 IPC Cases

Date: Feb 25, 2026

Benefit of Doubt from Material Omissions and “First-Time-in-Court” Attribution in Section 326 IPC Cases 1. Introduction Case: Baneshwar Mahato v. Bishnupada Mahato & Anr. Court: Calcutta High Court...

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