Calcutta High Court Case Commentaries

Article 324 Is Not a Licence for Blanket Mobility Bans: Calcutta High Court Limits Election-Era Motorcycle Restrictions to Statutory/SOP-Consistent, Proportionate Measures

Date: Apr 29, 2026

Article 324 Is Not a Licence for Blanket Mobility Bans: Calcutta High Court Limits Election-Era Motorcycle Restrictions to Statutory/SOP-Consistent, Proportionate Measures Case: RITANKAR DAS v. STATE...

Anticipatory Bail May Be Denied in Large-Scale Cyber-Economic Fraud Where the Accused Is a Prime Perpetrator, Not Merely a Beneficiary

Date: Apr 23, 2026

Anticipatory Bail May Be Denied in Large-Scale Cyber-Economic Fraud Where the Accused Is a Prime Perpetrator, Not Merely a Beneficiary Introduction In RAHUL VERMA v. STATE OF WEST BENGAL, the...

Death Sentence Cannot Stand Where Circumstantial Chain is “Shattered”: Strict Scrutiny of Extra-Judicial Confession, Section 27 Discovery, and Contradictions in a Section 366 CrPC Reference

Date: Apr 18, 2026

Death Sentence Cannot Stand Where Circumstantial Chain is “Shattered”: Strict Scrutiny of Extra-Judicial Confession, Section 27 Discovery, and Contradictions in a Section 366 CrPC Reference 1....

Continuity-of-Eligibility Principle in ART/Surrogacy: Age Limit Assessed with Reference to Timely Initiation and Completed Cryopreservation

Date: Apr 17, 2026

Continuity-of-Eligibility Principle in ART/Surrogacy: Age Limit Assessed with Reference to Timely Initiation and Completed Cryopreservation 1. Introduction In SANGITA RAHA AND ANR. v. THE STATE OF...

Dismissal of BSF Personnel by Show-Cause (Without Security Force Court Trial) When Trial is Inexpedient/Impracticable Due to Civilian Involvement

Date: Apr 16, 2026

Dismissal of BSF Personnel by Show-Cause (Without Security Force Court Trial) When Trial is Inexpedient/Impracticable Due to Civilian Involvement 1. Introduction In Md. Farhad Zaman Vs. Union of...

Quashing 498A/406/506 Proceedings Against In-Laws on Omnibus Allegations and Medical Improbability: Section 482 Scrutiny Beyond the FIR

Date: Apr 16, 2026

Quashing 498A/406/506 Proceedings Against In-Laws on Omnibus Allegations and Medical Improbability: Section 482 Scrutiny Beyond the FIR Case: MRIGESH KANTI NATH AND OTHERS v. STATE OF WEST BENGAL AND...

Acquittal Where Injured Witness Is Not a “Sterling Witness”: Conviction Under Sections 307/324/34 IPC Cannot Rest on Inconsistent Ocular Evidence Amid Investigative Lapses

Date: Apr 9, 2026

Acquittal Where Injured Witness Is Not a “Sterling Witness”: Conviction Under Sections 307/324/34 IPC Cannot Rest on Inconsistent Ocular Evidence Amid Investigative Lapses Case: NABA KUMAR KOLEY v....

Section 357A CrPC is Time-Neutral: Victim Compensation Can Be Directed Even for Crimes Pre-Dating Its 2009 Insertion

Date: Apr 7, 2026

Section 357A CrPC is Time-Neutral: Victim Compensation Can Be Directed Even for Crimes Pre-Dating Its 2009 Insertion 1) Introduction Case: SK BABUA @ SARIFUL SK v. STATE OF WEST BENGAL Court:...

Charge-Sheet Supersedes Section 156(3) Affidavit Lapse; “Public View” Turns on Visibility of the Act, Not Private Title

Date: Apr 7, 2026

Charge-Sheet Supersedes Section 156(3) Affidavit Lapse; “Public View” Turns on Visibility of the Act, Not Private Title Court: Calcutta High Court (Criminal Revisional Jurisdiction, Appellate Side)...

Irretrievable Breakdown as “Cruelty” Under Section 13(1)(ia) HMA (Post–Rakesh Raman) and the Necessity of a Section 25 HMA Application for Permanent Alimony

Date: Apr 7, 2026

Irretrievable Breakdown as “Cruelty” Under Section 13(1)(ia) HMA (Post–Rakesh Raman) and the Necessity of a Section 25 HMA Application for Permanent Alimony Case: SARANJIT KAUR (HURA) v. INDER SINGH...

IPC §363: “Lawful Guardian” Requires Proven Entrustment; Voluntary Accompaniment and Unproved Custody Defeat Kidnapping

Date: Apr 7, 2026

IPC §363: “Lawful Guardian” Requires Proven Entrustment; Voluntary Accompaniment and Unproved Custody Defeat Kidnapping Case: SK. SAMAD v. STATE OF WEST BENGAL (Calcutta High Court) Coram: Hon’ble...

498A Conviction Cannot Survive on Vague Allegations or a Misread “Dying Declaration” After 304B Acquittal

Date: Mar 28, 2026

498A Conviction Cannot Survive on Vague Allegations or a Misread “Dying Declaration” After 304B Acquittal 1. Introduction In BOREN MONDAL v. THE STATE OF WEST BENGAL (Calcutta High Court, decided on...

False Promise to Marry and “Misconception of Fact” Under Section 90 IPC: Conviction for Rape Cannot Stand Without Proof of Deceptive Intent From Inception, Especially Where Subsequent Marriage/Consensual Relationship Is Admitted

Date: Mar 28, 2026

False Promise to Marry and “Misconception of Fact” Under Section 90 IPC: Conviction for Rape Cannot Stand Without Proof of Deceptive Intent From Inception, Especially Where Subsequent...

Courts Will Not Compel Universities to Issue or Validate “Post‑Review” Marksheets That Do Not Tally With the Official Database

Date: Mar 26, 2026

Courts Will Not Compel Universities to Issue or Validate “Post‑Review” Marksheets That Do Not Tally With the Official Database Case: ABHISHEK MISTRY v. THE WEST BENGAL STATE UNIVERSITY AND ORS Court:...

Non-obstante/Validating Clauses Cannot Nullify Final Tax Judgments; Only Prospective Six-Year Revision Survives (KMC Act s.179(2)(d))

Date: Mar 25, 2026

Non-obstante/Validating Clauses Cannot Nullify Final Tax Judgments; Only Prospective Six-Year Revision Survives (KMC Act s.179(2)(d)) 1. Introduction In SAHUJAIN CHARITABLE SOCIETY AND ANR. v. THE...

Suspicious Non‑Magisterial Dying Declaration and Non‑Recording of Section 164 CrPC Statements: Acquittal in a Burn‑Death Prosecution

Date: Mar 20, 2026

Suspicious Non‑Magisterial Dying Declaration and Non‑Recording of Section 164 CrPC Statements: Acquittal in a Burn‑Death Prosecution 1. Introduction In KADER MIA v. STATE OF WEST BENGAL (Calcutta...

Trap-Evidence Corruption Prosecutions Not Quashed at Section 482 Stage Despite Alleged Breach of West Bengal ACB “Assignment & Preliminary Enquiry” Protocol

Date: Mar 20, 2026

Trap-Evidence Corruption Prosecutions Not Quashed at Section 482 Stage Despite Alleged Breach of West Bengal ACB “Assignment & Preliminary Enquiry” Protocol Case: SANDIP KUMAR ROY v. STATE OF WEST...

Section 175(3) BNSS: Magistrate’s “Inquiry” Must Be Conducted by the Magistrate (No Police-Delegation) and Must Test Cognizable Offence + Sufficient Ground to Investigate

Date: Mar 20, 2026

Section 175(3) BNSS: Magistrate’s “Inquiry” Must Be Conducted by the Magistrate (No Police-Delegation) and Must Test Cognizable Offence + Sufficient Ground to Investigate Court: Calcutta High Court...

Procedural Fairness Under PMLA Section 8(1): Adjudicating Authority Must Decide “Relied Upon Documents” (RUDs) Disputes Before Proceeding Further

Date: Mar 20, 2026

Procedural Fairness Under PMLA Section 8(1): Adjudicating Authority Must Decide “Relied Upon Documents” (RUDs) Disputes Before Proceeding Further Case: DIPAK DE v. UNION OF INDIA AND ORS. (W.P.A. No....

Election-Surveillance Tenders: Courts Will Not Dilute Experience Eligibility (Counting-Centre CCTV & GPS Tracking) Absent Arbitrariness or Mala Fides

Date: Mar 20, 2026

Election-Surveillance Tenders: Courts Will Not Dilute Experience Eligibility (Counting-Centre CCTV & GPS Tracking) Absent Arbitrariness or Mala Fides 1) Introduction In M/s Innovatiview India Limited...