Calcutta High Court Case Commentaries

Primacy of Overall Trade Dress and Average Consumer Recall in Passing Off: Commentary on Edible Products (India) Ltd v. Shalimar Chemical Works Pvt Ltd

Date: Dec 10, 2025

Primacy of Overall Trade Dress and Average Consumer Recall in Passing Off: Commentary on Edible Products (India) Ltd v. Shalimar Chemical Works Pvt Ltd 1. Introduction The Division Bench of the...

Presumption of Trademark Ownership in Foreign Manufacturers and the Limits of Importers’ Rights under Section 30: Commentary on Parul Ruparelia v. Camme Wang

Date: Dec 8, 2025

Presumption of Trademark Ownership in Foreign Manufacturers and the Limits of Importers’ Rights under Section 30: A Commentary on Parul Ruparelia & Anr v. Camme Wang & Anr, Calcutta High Court (IPD),...

Primacy of NCLT and Limits of Writ Jurisdiction over Personal Guarantor Insolvency under Section 95 IBC: Commentary on Sanjay Jhunjhunwala & Ors. v. Piramal Finance Ltd. & Ors.

Date: Dec 4, 2025

Primacy of NCLT and Limits of Writ Jurisdiction over Personal Guarantor Insolvency under Section 95 IBC I. Introduction A. Background of the Dispute The decision in Sanjay Jhunjhunwala & Ors. v....

Borrower’s Inability to Enforce Non‑Statutory One‑Time Settlements and Threshold Rejection of Suits: Commentary on Senbo Engineering Ltd v. Bank of Maharashtra

Date: Dec 4, 2025

Borrower’s Inability to Enforce Non‑Statutory One‑Time Settlements and Threshold Rejection of Suits: Commentary on Senbo Engineering Ltd v. Bank of Maharashtra 1. Introduction The decision of the...

Vague and Contradictory Allegations Cannot Sustain Conviction under Section 498-A IPC: Commentary on Ranjit Saha v. State of West Bengal & Anr.

Date: Nov 28, 2025

Vague and Contradictory Allegations Cannot Sustain Conviction under Section 498-A IPC: Commentary on Ranjit Saha & Anr. v. State of West Bengal & Anr. Case: CRA 14 of 2004 | Court: Calcutta High...

Disjunctive Service on Corporations under Order XXIX Rule 2 CPC and the Non‑Extendable 120‑Day Limit for Written Statements: Commentary on MSC Mediterranean Shipping Co. S.A. & Anr. v. NTC Industries Ltd.

Date: Nov 27, 2025

Disjunctive Service on Corporations under Order XXIX Rule 2 CPC and the Non‑Extendable 120‑Day Limit for Written Statements: Commentary on MSC Mediterranean Shipping Co. S.A. & Anr. v. NTC Industries...

Trust Rules vs Statutory Pension Rights: Calcutta High Court on Higher Pension for Employees of Exempted Establishments

Date: Nov 21, 2025

Trust Rules vs Statutory Pension Rights: Calcutta High Court’s Extension of Higher Pension to Employees of Exempted Establishments 1. Introduction This commentary examines the judgment dated 14...

Destructive Use of Human Embryos as Non‑Patentable Subject Matter under Section 3(b): Commentary on Shroff Geeta v. Assistant Controller of Patents & Designs (Calcutta High Court, 2025)

Date: Nov 19, 2025

Destructive Use of Human Embryos as Non‑Patentable Subject Matter under Section 3(b): A Detailed Commentary on Shroff Geeta (OA/10/2019/PT/KOL) v. Assistant Controller of Patents and Designs Court:...

Anticipatory Bail Is Maintainable for Juveniles: Calcutta High Court (Larger Bench) Harmonizes JJ Act, 2015 with Section 438 CrPC

Date: Nov 17, 2025

Anticipatory Bail Is Maintainable for Juveniles: Calcutta High Court (Larger Bench) Harmonizes JJ Act, 2015 with Section 438 CrPC Introduction In Suhana Khatun and Others v. State of West Bengal (CRM...

Reversal-under-Protest Is Not a Pre-Deposit; IBC Approval Abates CESTAT Appeals and Leaves Tribunal Functus Officio: Calcutta High Court in Tata Steel Ltd. v. Union of India

Date: Nov 17, 2025

Reversal-under-Protest Is Not a Pre-Deposit; IBC Approval Abates CESTAT Appeals and Leaves Tribunal Functus Officio Introduction In a set of writ petitions arising out of tax disputes of the...

Pragmatic Condonation Within the 120‑Day Cap: Calcutta High Court Clarifies Discretion and Costs under Order VIII Rule 1 CPC

Date: Nov 11, 2025

Pragmatic Condonation Within the 120‑Day Cap: Calcutta High Court Clarifies Discretion and Costs under Order VIII Rule 1 CPC Introduction In Central Bank of India & Ors v. Jay Kumar Goyal & Ors (IA...

Clarifying Deputation Tenure and Premature Repatriation under DoPT OM 17.06.2010 – Commentary on VUKKEM RAMBABU v. UNION OF INDIA

Date: Nov 11, 2025

Clarifying Deputation Tenure and Premature Repatriation under DoPT OM 17.06.2010 – Commentary on VUKKEM RAMBABU v. UNION OF INDIA I. Introduction The Calcutta High Court’s judgment in VUKKEM RAMBABU...

Successive Writ Petitions and Unlawful Withholding of Income-tax Refunds under Section 245: Commentary on Rajneesh Agarwal v. ITO, Ward 22(2)

Date: Nov 4, 2025

Successive Writ Petitions and Unlawful Withholding of Income-tax Refunds under Section 245: Commentary on Rajneesh Agarwal v. Income Tax Officer, Ward 22(2) Court: Calcutta High Court (Original Side,...

Zero FIR Is a Police Facilitation, Not a Jurisdictional Bridge for Magistrates: Calcutta High Court Clarifies Territorial Limits of Section 156(3) in Hate-Speech Complaints

Date: Sep 26, 2025

Zero FIR Is a Police Facilitation, Not a Jurisdictional Bridge for Magistrates: Calcutta High Court Clarifies Territorial Limits of Section 156(3) in Hate-Speech Complaints Case: Anirban Bhattacharya...

As-is-where-is auction sales under IBC do not extinguish KMC’s statutory first charge: mutation can be refused until transferor’s arrears are cleared

Date: Sep 26, 2025

As-is-where-is auction sales under IBC do not extinguish KMC’s statutory first charge: mutation can be refused until transferor’s arrears are cleared Decision: Cotton Casuals India Private Limited &...

Appointing High Court Is the “Court” under Section 29A: Calcutta High Court Affirms Residual Jurisdiction to Extend or Substitute Arbitrator

Date: Sep 24, 2025

Appointing High Court Is the “Court” under Section 29A: Calcutta High Court Affirms Residual Jurisdiction to Extend or Substitute Arbitrator Introduction In Best Eastern Business House Pvt Ltd v....

Rarest-of-Rare Recalibrated: Calcutta High Court commutes death penalty to “life without remission for 40 years” and overturns rape conviction for want of medical corroboration

Date: Sep 19, 2025

Rarest-of-Rare Recalibrated: Calcutta High Court commutes death penalty to “life without remission for 40 years” and overturns rape conviction for want of medical corroboration Introduction In State...

NMC Teaching-Experience Requirement Prevails: Study Leave for Super-Specialty Cannot Be Counted Toward Promotion as Associate Professor

Date: Sep 13, 2025

NMC Teaching-Experience Requirement Prevails: Study Leave for Super-Specialty Cannot Be Counted Toward Promotion as Associate Professor Introduction In The Dean in Charge, ESI-PGIMSR, ESIC Medical...

Calcutta High Court sets temporal cut‑off for counterclaims in arbitration: no counterclaim after issues are framed; exceptional allowance only until start of claimant’s evidence

Date: Sep 8, 2025

Counterclaims in Arbitration: Calcutta High Court fixes an outer limit tied to “framing of issues,” with rare leeway until commencement of claimant’s evidence Introduction In Gayatri Granites & Ors...

Consent of Existing Apartment Owners Is a Condition Precedent for Additional Structures; NKDA’s Non‑Obstante Clause Cannot Eclipse the WB Apartment Ownership Act and Promoters Act — Calcutta High Court Orders Demolition of Elita Garden Vista’s 16th Tower

Date: Sep 5, 2025

Consent of Existing Apartment Owners Is a Condition Precedent for Additional Structures; NKDA’s Non‑Obstante Clause Cannot Eclipse the WB Apartment Ownership Act and Promoters Act — Calcutta High...