Calcutta High Court Case Commentaries

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...

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...