
The Calcutta High Court quashed criminal proceedings under Section 498A IPC against elderly in-laws, observing that the allegations of physical assault were highly improbable given their medical conditions.
The Court noted that the father-in-law had undergone bypass surgery and the mother-in-law had knee replacement surgery during the relevant period, making the claims unrealistic.
It further found that the complaint contained vague and omnibus allegations without specific details of incidents or acts. The Court also considered prior complaints filed by the in-laws, suggesting the case may have been retaliatory.
Holding that continuation of proceedings would amount to abuse of process, the Court set aside the case.
[Mrigesh Kanti Nath & Ors. v. The State Of West Bengal & Anr.]
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The Calcutta High Court upheld the dismissal of a BSF constable accused of accepting bribes to declare candidates medically “fit” during recruitment examinations.
The Court found that there was sufficient material indicating his involvement in a larger conspiracy involving doctors and civilians.
Emphasising the need for strict discipline in uniformed forces, it held that no leniency could be shown in such cases. The Court observed that retaining such personnel would be “undesirable” and against national security interests.
It concluded that misconduct of this nature must be dealt with strictly and refused to interfere with the dismissal order.
[Md. Farhad Zaman v. UOI & Ors.]
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The Calcutta High Court refused to grant relief to timber merchants accused of illegally felling nearly 1,000 trees, trespassing, and making casteist remarks against a Santhal woman.
The accused had sought quashing of criminal proceedings, but the Court found sufficient material to proceed with the case.
It noted that using caste-based terms in a derogatory manner in public view can attract offences under the SC/ST (Prevention of Atrocities) Act.
The Court held that such serious allegations require trial and cannot be dismissed at an early stage, thereby allowing the prosecution to continue.
[Idel SK @ Gaba SK & Anr. v. State of West Bengal & Anr.]
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The Calcutta High Court quashed a kidnapping conviction, holding that a woman employing a minor as a domestic help cannot be treated as her “lawful guardian.”
The Court found that the prosecution failed to prove that the girl was taken out of lawful guardianship, which is essential to establish the offence.
It noted serious inconsistencies in evidence regarding the girl’s stay and the alleged guardian’s role. The victim’s own testimony suggested she had voluntarily accompanied the accused.
The Court also observed that the conduct of the woman did not reflect that of a lawful guardian, weakening the prosecution’s case.
[SK. Samad v. The State of West Bengal]
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The Calcutta High Court dismissed a PIL challenging the Election Commission of India's (ECI) large-scale transfer of IAS and IPS officers following the 2026 election announcement.
The Court observed that the petitioner failed to dispute the ECI’s statutory power to ensure free and fair elections.
The Court noted that West Bengal was not singled out, as data showed higher transfer numbers in other poll-bound states. Holding that administrative reorganizations do not cause "public injury" or government paralysis, as transferred officers are immediately replaced.
The Bench remarked that the plea appeared to canvass political interests rather than genuine public concern.
[Arka Kumar Nag v. Election Commission of India & Ors.]
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The Calcutta High Court held that icons, menus, and screen layouts on digital devices qualify as registrable "designs" under the Designs Act, 2000.
Justice Ravi Krishan Kapur set aside several orders of the Controller of Designs, which had previously rejected Graphical User Interface (GUI) applications as mere software.
The Court clarified that an "article of manufacture" includes digital forms and that the display of a GUI constitutes an industrial process.
The Court further ruled that a design need not be permanently visible, provided it has "eye appeal" when the article is in use. The matters were remanded for fresh hearings.
[NEC Corporation v. The Controller of Patents & Design & Anr.]
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The Supreme Court ruled that an employer must personally pay the penalty for delaying compensation under the Employees’ Compensation Act, 1923, even if the compensation amount is covered by insurance.
The Court clarified that the penalty under Section 4A(3)(b) arises from the employer’s own default and cannot be shifted to the insurance company.
The case arose after an employee died in a work-related accident and compensation was not paid within the statutory period.
While the insurer may pay compensation and interest, the Court held that the penalty must be borne by the employer to ensure timely payment and maintain the deterrent purpose of the law.
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The Calcutta High Court has set aside an ad-interim injunction restraining Godrej Consumer Products from using its “Spic” toilet cleaner bottle in a trademark dispute with Reckitt Benckiser India, maker of Harpic.
A Division Bench of Justices Rajasekhar Mantha and Md Shabbar Rashidi held that the injunction was unwarranted at the interim stage.
The Court observed that the registered mark must be assessed as a whole and not merely by bottle shape, raising concerns about extending trademark protection to what may amount to an expired design monopoly.
The Bench directed completion of pleadings before the single-judge for a full hearing.
[Godrej v. Reckitt]
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The Calcutta HC held that the mere quantum of an alleged loan default cannot justify restricting a citizen’s right to travel abroad and set aside the Look Out Circular issued against the petitioner.
The case concerned an LOC issued at the instance of the SFIO against a former CEO in connection with an investigation into alleged defaults of Rs 3,897 crore by a company admitted to Corporate Insolvency Resolution Process.
The Court observed that no cognisable IPC case had been registered and neither interim nor final investigation reports had been submitted.
It found no material to show that permitting travel would affect the probe or harm public interest.
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The Supreme Court of India has dismissed appeals in the 23-year-old death case of Telugu/Tamil actress Prathyusha, ruling out allegations of murder and rape.
A Bench of Justices Rajesh Bindal and Manmohan held that consistent eyewitness accounts and medical evidence established death by poisoning. The Court noted that Prathyusha and her boyfriend, Gudipalli Siddhartha Reddy, had consumed poison amid opposition to their relationship, though Reddy survived.
Rejecting the defence of accidental intake, the Court found Reddy guilty of abetment to suicide for procuring the poison and directed him to surrender within four weeks.
It also termed the postmortem conducted by Dr. Muni Swamy unprofessional.
[Gudipalli Siddharta Reddy v. State (C.B.I.)]
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The Calcutta High Court has held that a final decree in a partition suit becomes executable only after payment of the requisite stamp duty and proper engrossment on stamped paper.
The Court clarified that the decree holder may deposit stamp duty for the entire property to avoid delay in execution and later recover proportionate shares from other co-sharers.
Emphasising that procedural requirements should not defeat substantive justice, the Court directed the executing court to proceed with execution upon such payment and ensure satisfaction of the decree within one month.
[Sri Sandip Kumar Saha v. Somnath Saha & Ors.]
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The Calcutta High Court held that an accused has no right to be heard on the mode, manner or agency of investigation and cannot seek impleadment in a writ petition seeking a probe into alleged police inaction.
The case arose from a writ petition seeking an investigation into a complaint alleging bias and collusion by police officials, during which the FIR complainant and persons named as prospective accused sought to be added as parties.
The Court held that criminal law does not permit participation of the accused during investigation, clarified that Section 223(1) of the BNSS apply only at the cognizance stage, and dismissed the impleadment applications as lacking merit.
[Arnab Paul v. State of West Bengal & Ors.]
2 months ago
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The Calcutta High Court held that a demolition order issued by a municipal authority cannot be directly challenged under Article 226 when an effective statutory appellate remedy is available.
The case arose from a writ petition filed by a property owner challenging a demolition direction issued by the Executive Engineer (Planning) after a hearing conducted pursuant to earlier High Court directions.
The Court found that the authority had considered the petitioner’s submissions, identified deviations from the sanctioned plan, and passed a reasoned order.
The Court dismissed the petition while granting liberty to pursue the appellate remedy.
[Smti. Kishori Bala Das v. The Andaman and Nicobar Administration & Ors.]
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ITC Limited has approached the Calcutta High Court alleging that Britannia Industries infringed its copyright and passed off its products by launching cheese biscuits with packaging deceptively similar to Sunfeast Wowzers.
ITC claims Britannia’s 50-50 cheese variant copies its distinctive black, yellow, and orange colour scheme, visual layout, and trade dress.
The Court noted that no ad-interim relief was sought at this stage and directed the exchange of affidavits. ITC alleges consumer confusion, seeks a permanent injunction, and has claimed ₹50 crore in damages.
The matter is listed for February 26, 2026.
[ITC v. Britannia]
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The Calcutta High Court directed the West Bengal government to utilize the central armed police forces already deployed in Murshidabad’s Beldanga area to prevent the recurrence of violence.
Observing that repeated incidents posed a serious threat to life, liberty, and property, the Court stressed the need for immediate and effective measures to restore normalcy.
It tasked the District Magistrate and Superintendent of Police with ensuring public safety and permitted the use of intelligence inputs. The Court also left it open for the Union government to consider an NIA probe into the incident.
The directions were passed on a plea by BJP leader Suvendu Adhikari.
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