Calcutta High Court Case Commentaries

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...

Section 105 CrPC Held Inapplicable to Service of Notice in Criminal Revisions Involving Foreign Parties – A Commentary on UBS Switzerland AG v. State of West Bengal

Date: Aug 28, 2025

Section 105 CrPC Held Inapplicable to Service of Notice in Criminal Revisions Involving Foreign Parties Commentary on UBS Switzerland AG v. State of West Bengal & Ors., Calcutta High Court, C.R.R....

“No Locus Standi of an Accused to Appeal Against Transfer-of-Investigation Orders” – Commentary on Sahajahan Sk. & Anr. v. Supriya Mandal Gayen & Ors., Calcutta High Court (2025)

Date: Aug 6, 2025

“No Locus Standi of an Accused to Appeal Against Transfer-of-Investigation Orders” – Commentary on Sahajahan Sk. & Anr. v. Supriya Mandal Gayen & Ors., Calcutta High Court (2025) 1. Introduction The...

"No Locus Standi of an Accused to Appeal Against Transfer-of-Investigation Orders" – Commentary on Sahajahan Sk. & Anr. v. Supriya Mandal Gayen & Ors., Calcutta High Court (2025)

Date: Aug 6, 2025

“No Locus Standi of an Accused to Appeal Against Transfer-of-Investigation Orders” – Commentary on Sahajahan Sk. & Anr. v. Supriya Mandal Gayen & Ors., Calcutta High Court (2025) 1. Introduction The...

“Notice-Before-Cancellation” Doctrine for Domicile Certificates: Ravi Kumar Ray v. Union of India & Ors. (2025)

Date: Aug 5, 2025

“Notice-Before-Cancellation” Doctrine for Domicile Certificates Commentary on Ravi Kumar Ray v. Union of India & Ors. (2025 CHC-AS 1466) 1. Introduction The Calcutta High Court’s decision in Ravi...

Calcutta High Court Mandates Statutory Interest on Delayed Gratuity: Himangshu Karmakar v. Food Corporation of India & Ors. (2025)

Date: Jun 30, 2025

Calcutta High Court Mandates Statutory Interest on Delayed Gratuity Himangshu Karmakar v. Food Corporation of India & Ors. (2025 CHC-AS 1093) Introduction In Himangshu Karmakar v. Food Corporation of...

“Guest Faculty ≠ Workman” – Calcutta High Court Re-delineates the Boundaries of Section 2(s) of the Industrial Disputes Act (Hansraj Koley v. Secretary, Labour Department & Ors., 2025)

Date: Jun 30, 2025

“Guest Faculty ≠ Workman” – Calcutta High Court Re-delineates the Boundaries of Section 2(s) of the Industrial Disputes Act 1. Introduction The Calcutta High Court, in Hansraj Koley v. The Secretary,...

“Grounds-of-Arrest Bail Doctrine”: Calcutta High Court Makes Written Communication of Arrest Grounds a Pre-condition for Valid Custody under the NDPS Act

Date: Jun 17, 2025

“Grounds-of-Arrest Bail Doctrine”: Calcutta High Court Makes Written Communication of Arrest Grounds a Pre-condition for Valid Custody under the NDPS Act Introduction On 11 June 2025, the Calcutta...

Counting All Hands: Calcutta High Court Extends Payment of Gratuity Act Coverage to Co-operative Societies Employing Ten or More Workers (Including Daily-Rated Labour)

Date: May 24, 2025

Counting All Hands: Calcutta High Court Extends Payment of Gratuity Act Coverage to Co-operative Societies Employing Ten or More Workers (Including Daily-Rated Labour) Introduction In Midnapur...

Calcutta High Court affirms “Equitable Restitution for Discontinued Beneficiary Schemes” – Mamta Banerjee v. Eastern Coalfields Ltd. (2025)

Date: May 21, 2025

Calcutta High Court affirms the Principle of “Equitable Restitution for Discontinued Beneficiary Schemes” Commentary on Smt. Mamta Banerjee & Anr. v. Eastern Coalfields Ltd. & Ors. (F.M.A. 358/2019,...

Suspension of Sentence When Evidence Only Establishes Aggravated Sexual Assault under POCSO Act

Date: Apr 26, 2025

Suspension of Sentence When Evidence Only Establishes Aggravated Sexual Assault under POCSO Act Introduction This commentary examines the Calcutta High Court’s decision in Zomangaih @ Zohmangaiha v....

Redefining Judicial Boundaries: High Court’s Restriction on Subordinate Courts in Contempt Proceedings

Date: Apr 16, 2025

Redefining Judicial Boundaries: High Court’s Restriction on Subordinate Courts in Contempt Proceedings Introduction The case of Bimbadhar Mohakud and Anr. v. Bina Shah before the Calcutta High Court...

Judicial Limits on Mandating Electoral Verification Procedures: A New Precedent in Election Law

Date: Apr 16, 2025

Judicial Limits on Mandating Electoral Verification Procedures: A New Precedent in Election Law Introduction The case of MANIK FAKIR @ MANIK MONDAL v. UNION OF INDIA AND ORS. before the Calcutta High...

Distinguishing Live Panelist Commentary from Editorial Endorsement: A Landmark on Media Responsibility and Freedom of Expression

Date: Apr 13, 2025

Distinguishing Live Panelist Commentary from Editorial Endorsement: A Landmark on Media Responsibility and Freedom of Expression Introduction The case of Arnab Goswami and Anr v. The State of West...

Liability for Unverified Matrimonial Notices and Editor’s Immunity in Defamation – ANANTA v. RAMACHANDER & ANR.

Date: Apr 12, 2025

Liability for Unverified Matrimonial Notices and Editor’s Immunity in Defamation Introduction ANANTA v. RAMACHANDER & ANR. (Calcutta High Court, 11 April 2025) clarifies the law of tortious...

The Imperative of Impartiality in Arbitration: Revisiting Arbitration Clause Validity in Commercial Disputes

Date: Apr 9, 2025

The Imperative of Impartiality in Arbitration: Revisiting Arbitration Clause Validity in Commercial Disputes Introduction In the judgment of BALASORE ALLOYS LIMITED v. FLYNT MINING LLP AND ANR...

Restricting Arbitration Clauses in Unfinalized MOUs: A Calcutta High Court Perspective

Date: Mar 28, 2025

Restricting Arbitration Clauses in Unfinalized MOUs: A Calcutta High Court Perspective Introduction The judgment in the case of M/S Greenbilt Industries Private Limited v. M/S A B Dinesh Concrete...