Calcutta Monthly Digest – February 2026 - 2026-03-09

(A) Commercial Courts Act, 2015 - Order XI Rule 1 - Additional documents - Plaintiff's application to disclose additional documents after examination of witness in an undefended suit - Court allows application based on 'reasonable cause' for non-disclosure - Plaintiff failed to disclose relevant documents at filing due to them being in custody of others and subsequently located. (Paras 1-30) (B) R...

(A) Protection of Women from Domestic Violence Act, 2005 - Section 12 - Jurisdiction - Petitioner wife filed application under Section 12 seeking relief, contested by husband on grounds of jurisdiction claiming residence outside local limits - Appellate Court overturned trial court’s order affirming jurisdiction - High Court held application maintainable as the applicant had established her tempor...

(A) Indian Penal Code - Sections 302, 304 - Conviction for murder - The appellants were initially sentenced to life imprisonment under Section 302 IPC - However, the Court found no evidence of premeditation and determined the incident fell within the purview of Section 304 IPC - The appellants were convicted under Section 304 part I and sentenced to the period of incarceration already suffered, wh...

(A) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Sections 4, 5, 9, 11, and 23 - Writ petitions filed regarding enforcement of maintenance orders - The Act primarily facilitates maintenance and does not confer authority to issue eviction orders - Writ petition for implementation of orders against children dismissed due to statutory limitations - Writ petition by son to quash e...

This judgment addresses the legality of introducing qualifying marks in an interview for the post of Krishi Prayukti Sahayak. The Court affirmed the Tribunal's decision that it was improper to introduce such criteria post-application per existing judgments, which highlight the principle of equal treatment for all candidates. The Court emphasized that inequitable application of interview standards ...

The petitioner, The West Bengal Power Development Corporation Ltd., challenged the provisions of Sub-sections (3), (4) and (5) of Section 7B of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, as unconstitutional. The Court noted that relevant orders dated 24.02.2011 and 12.05.2011 were improperly applied, considering violated principles of natural justice. The primary determi...

(A) Indian Penal Code, Sections 147, 304 Part-I/149 - Appeal against conviction for riot and culpable homicide - Conviction set aside due to inconsistencies and contradictions in witness testimonies - The prosecution case critically relies on the testimonies of close relatives which lack independent corroboration, leading to doubts regarding credibility. (Paras 4-5, 16, 59) (B) Principle of reason...

This case arises under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning a bail application related to Sitalkuchi Police Station Case No. 419/25, dated 24/08/2025, involving Sections 14A/14C of the Foreigners Act. The petitioner has married co-accused Debasis Sarkar and has an application pending under Section 6B of the Citizenship Act, 1955, making further detention unnecess...

Under Section 212 of the Companies Act, the petitioner challenges the issuance of a Look Out Circular (LoC) relative to alleged misconduct involving Elder Pharmaceuticals. The petitioner, a chemist, asserts no cognizable offense warrants the LoC as the proper procedure was not followed. The court determines there were justifiable grounds for the LoC, emphasizing that the petitioner demonstrated in...

The judgment analyzes the legality of the appellant's termination of the respondent based on misconduct under Clause 19.5(j) pertaining to acts prejudicial to the bank. It concludes the respondent's disciplinary action was improper as evidence of prejudice was absent. The issue rests on procedural fairness and the supervisory role of higher courts over administrative penalties. The appeal is dismi...

The case involves an appeal concerning the execution of an award made under the West Bengal Land (Requisition and Acquisition) Act, 1948. The Appellant argued that the execution petition is not maintainable as the Court did not issue the decree in question. The Court found that a second execution petition is permissible when the original award remains unsatisfied. Key issues include the interpreta...

(A) Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 420/406/120B/34 - Quashing of proceedings - The petitioners sought to quash proceedings pending against them, alleging they falsely represented ownership of land in an MOU. The court examined whether the case constituted criminal charges or was a mere civil dispute. It determined no elements of cheating or crimina...

(A) Micro, Small, Medium Enterprises Development Act, 2006 - Section 9 - Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 13(2) - Declaration of loan account as Non-Performing Asset (NPA) without following necessary procedures for MSME; Court found that the petitioner failed to present its MSME status timely and did not raise objections...

The petitioner challenged a conviction under Sections 7(i)/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, affirming the order of the lower courts. The legal provisions were invoked, presenting a case of alleged food adulteration and the standards prescribed therein. The court, upon reviewing evidence and testimonies, identified discrepancies in reports from the public analyst and Ce...

In the context of the legal proceedings under Section 482 of the Criminal Procedure Code, 1973, involving allegations of cheating and criminal breach of trust, this Court analyzed the business transaction history between the petitioner and the opposite party and found no dishonest intention to betray or defraud. The Court reiterated the necessity of proving fraudulent intentions at the inception o...

(A) Code of Civil Procedure, 1908 - Order I Rule 8 - Clauses 12 of the Letters Patent, 1865 - Jurisdiction - Application filed for revocation of leave granted by the court for admitting the plaint - The transaction emerged from a purchase order accepted in a different jurisdiction, and thus the plaintiff claimed part of the cause of action as having arisen within the jurisdiction of this court - T...

(A) Indian Penal Code, 1860 - Sections 302 and 34 - Criminal Procedure Code, 1973 - Section 432(2) - Premature release - Life convict's petition for early release denied based on inadequate consideration of statutory requirements and reconsideration of opinions - Recommendation for premature release from SSRB was not acted upon by the authorities - Judicial Secretary erroneously accepted opinion f...

This judgment addresses a petition filed under Article 226/227 challenging the Central Administrative Tribunal's order regarding pay protection for a senior employee compared to a junior. The court found that the petitioner held seniority and was entitled to stepping up of pay in accordance with established principles. The tribunal was held to have erred in its conclusions and jurisdiction regardi...