Calcutta High Court Case Commentaries

Delay in Seeking Probate Is Not a Bar: It Is Only a Rebuttable Suspicious Circumstance; Limitation Runs From When Probate Becomes Necessary

Date: Feb 18, 2026

Delay in Seeking Probate Is Not a Bar: It Is Only a Rebuttable Suspicious Circumstance; Limitation Runs From When Probate Becomes Necessary Case: RAJA SHAH AND ORS v. KOWSHIK SHOW AND ORS Court:...

Execution of Partition Final Decree: Decree-Holder May Pay Total Stamp Duty to Make Decree Executable, With Liberty to Recover From Co-sharers

Date: Feb 13, 2026

Execution of Partition Final Decree: Decree-Holder May Pay Total Stamp Duty to Make Decree Executable, With Liberty to Recover From Co-sharers 1. Introduction In SANDIP KUMAR SAHA v. SOMNATH SAHA AND...

Article 226 Cannot Be Used to Bypass an Appellate Remedy Against an Appealable Municipal Demolition Order

Date: Feb 13, 2026

Article 226 Cannot Be Used to Bypass an Appellate Remedy Against an Appealable Municipal Demolition Order 1. Introduction In Smti. Kishori Bala Das v. The Andaman and Nicobar Administration and Ors....

Section 20 Presumption Under the PC Act Is Not Automatic: Demand-and-Acceptance Must Be Proved as Foundational Facts

Date: Feb 13, 2026

Section 20 Presumption Under the PC Act Is Not Automatic: Demand-and-Acceptance Must Be Proved as Foundational Facts 1. Introduction In THE STATE v. SHRI. M. HARI KRISHNA (Calcutta High Court,...

Omnibus Allegations and Unproved Common Intention Cannot Sustain a Section 323 IPC Conviction in Revision

Date: Feb 13, 2026

Omnibus Allegations and Unproved Common Intention Cannot Sustain a Section 323 IPC Conviction in Revision 1. Introduction In Sambhu Das @ Shambhu Das & Ors. v. State of West Bengal & Anr. (Calcutta...

Conviction under the Essential Commodities Act Requires Reliable Stock Verification: “Stick-measurement” of Sloped Underground Tanks and Hostile Raid Witnesses Create Reasonable Doubt

Date: Feb 13, 2026

Conviction under the Essential Commodities Act Requires Reliable Stock Verification: “Stick-measurement” of Sloped Underground Tanks and Hostile Raid Witnesses Create Reasonable Doubt 1. Introduction...

Contempt Jurisdiction Cannot Be Used as a Vehicle for Supplemental Relief Beyond the Original Writ Directions

Date: Feb 13, 2026

Contempt Jurisdiction Cannot Be Used as a Vehicle for Supplemental Relief Beyond the Original Writ Directions 1. Introduction This decision of the Calcutta High Court (Madhuresh Prasad, J. and...

Conviction Cannot Rest Solely on “Last Seen” and Unreliable Extra‑Judicial Confession: Reinforcing the Complete-Chain Standard in Circumstantial Murder Trials

Date: Feb 13, 2026

Conviction Cannot Rest Solely on “Last Seen” and Unreliable Extra‑Judicial Confession: Reinforcing the Complete-Chain Standard in Circumstantial Murder Trials 1) Introduction In SHIBU BARMAN @ KUBAL...

Disaster Compensation for Tsunami Losses Cannot Be Denied Solely Due to Later Expiry of Land Grant; Corporate Farming Grantees Eligible Subject to Surrender Condition under 30.07.2012 Policy

Date: Feb 6, 2026

Disaster Compensation for Tsunami Losses Cannot Be Denied Solely Due to Later Expiry of Land Grant; Corporate Farming Grantees Eligible Subject to Surrender Condition under 30.07.2012 Policy 1....

Essentiality Test for Re-Calling POCSO Witnesses: Fair Defence Prevails Over Counsel Lapses

Date: Feb 6, 2026

Essentiality Test for Re-Calling POCSO Witnesses: Fair Defence Prevails Over Counsel Lapses 1) Introduction In Shri Krishna Mohan Das v. The State (Calcutta High Court, Circuit Bench at Port Blair),...

Quashing of a Second 156(3) Complaint on the Same Incident for Abuse of Process and Non-Compliance with Section 154 Preconditions

Date: Jan 31, 2026

Quashing of a Second 156(3) Complaint on the Same Incident for Abuse of Process and Non-Compliance with Section 154 Preconditions 1. Introduction The Calcutta High Court, in ASISH BERA AND OTHERS v....

Preconditions for Section 156(3) CrPC Complaints and Gender-Specific Scope of Section 354B IPC

Date: Jan 31, 2026

Preconditions for Section 156(3) CrPC Complaints and Gender-Specific Scope of Section 354B IPC: Quashing as Abuse of Process 1. Introduction The Calcutta High Court (Criminal Revisional Jurisdiction)...

Civil Suit Dismissal Without a Finding on Forgery Does Not Warrant Quashing of Forgery/Cheating FIR Under Section 482 CrPC

Date: Jan 30, 2026

Civil Suit Dismissal Without a Finding on Forgery Does Not Warrant Quashing of Forgery/Cheating FIR Under Section 482 CrPC 1. Introduction The Calcutta High Court (Circuit Bench at Jalpaiguri), in...

Stigmatic “Probation Termination” is Punitive: Misconduct-Based Discharge Cannot Be Passed as Termination Simpliciter

Date: Jan 29, 2026

Stigmatic “Probation Termination” is Punitive: Misconduct-Based Discharge Cannot Be Passed as Termination Simpliciter 1. Introduction The Calcutta High Court (Division Bench: Tapabrata Chakraborty,...

Mandatory termination of petty-offence juvenile proceedings if Section 14(2) JJ Act timeline lapses: reasoned extension is essential

Date: Jan 28, 2026

Mandatory termination of petty-offence juvenile proceedings if Section 14(2) JJ Act timeline lapses: reasoned extension is essential 1. Introduction The Calcutta High Court in Child in conflict with...

Executor/Legatee May Sue to Protect Estate Pre-Probate in Section 57 Territories; Copyright Infringement as Continuing Cause Defeats Order IX Rule 9 Bar

Date: Jan 22, 2026

Executor/Legatee May Sue to Protect Estate Pre-Probate in Section 57 Territories; Copyright Infringement as Continuing Cause Defeats Order IX Rule 9 Bar 1. Introduction DEV SAHITYA KUTIR PVT LTD v....

Child-Witness Competency Must Be Properly Recorded; Inquest Omissions and FIR Delay Can Undermine a Homicide Prosecution

Date: Jan 21, 2026

Child-Witness Competency Must Be Properly Recorded; Inquest Omissions and FIR Delay Can Undermine a Homicide Prosecution 1) Introduction In SK. MORSED ALI & ORS. v. STATE OF WEST BENGAL (Calcutta...

Res Gestae-Based Oral Dying Declarations Naming Assailants: Admissibility, Reliability, and Compensation Enforcement

Date: Jan 20, 2026

Res Gestae-Based Oral Dying Declarations Naming Assailants: Admissibility, Reliability, and Compensation Enforcement 1. Introduction The Calcutta High Court (Criminal Appellate Jurisdiction) in SAJAL...

Administrative Recall of a Void Appellate Order for Lack of Jurisdiction (Recall ≠ Review) and Consequential Withholding of Promotion Pending Statutory Appeal

Date: Jan 16, 2026

Administrative Recall of a Void Appellate Order for Lack of Jurisdiction (Recall ≠ Review) and Consequential Withholding of Promotion Pending Statutory Appeal 1. Introduction Case: Debanjan Guha v....

Commissioner’s Report Cannot “Construct” Reasonable Requirement: Landlord’s Evolving Need Prevails Unless Shown to be Fantasy or Exaggeration

Date: Jan 16, 2026

Commissioner’s Report Cannot “Construct” Reasonable Requirement: Landlord’s Evolving Need Prevails Unless Shown to be Fantasy or Exaggeration Case: RATAN KARMAKAR AND ORS. v. SMT. CHAINA DAS AND ORS....