Last Seen Theory Alone Insufficient, Extra-Judicial Confession Before Police Weak: Calcutta High Court Acquits Man In Wife's Murder Case

Observing that suspicion, however strong, cannot substitute proof beyond reasonable doubt, the Calcutta High Court has set aside the conviction of a man accused of murdering his wife, holding that the prosecution failed to establish a complete and reliable chain of circumstantial evidence. The Court ruled that the “last seen together” theory by itself is a weak piece of evidence and...

Conviction For Damaging Public Property Cannot Stand Without Seizure, Identification Or Proof Of Damage: Calcutta High Court

Observing that a criminal conviction under the Prevention of Damage to Public Property Act cannot rest solely on oral testimony when the prosecution fails to seize, produce or otherwise prove the existence of the allegedly damaged property, the Calcutta High Court Circuit Bench at Port Blair has set aside the conviction of a man accused of vandalising equipment at a government hospital...

Tsunami Relief Can't Be Denied To Farming Company Solely For Being Corporate Entity: Calcutta HC Orders Andaman Admin To Pay Compensation

The Calcutta High Court Circuit Bench at Port Blair has set aside an order rejecting tsunami compensation to Andaman Plantations and Development Corporation Pvt. Ltd., holding that relief under the Tsunami Rehabilitation Package cannot be denied merely because the claimant is a company and not an individual farmer. The Court directed the Andaman and Nicobar Administration to reassess and...

Demolition Order Cannot Be Challenged Directly Under Article 226 When Statutory Appeal Is Available: Calcutta High Court

The Calcutta High Court Circuit Bench at Port Blair has held that a demolition order passed by a municipal authority cannot be directly challenged under Article 226 of the Constitution when an effective statutory appellate remedy is available, observing that the competent officer had passed a reasoned order after granting a hearing to all stakeholders. Justice Apurba Sinha Ray dismissed a...

Vague Allegations & Contradictory Testimony Cannot Sustain Conviction: Calcutta High Court Acquits Man In 2005 Assault Case

The Calcutta High Court has held that a criminal conviction cannot be sustained on the basis of vague and omnibus allegations without any specific role attributed to the accused, especially where independent witnesses do not support the prosecution and material contradictions exist regarding the manner and place of occurrence.Allowing a criminal revision petition, Justice Ajay Kumar Gupta...

Accused Has No Right To Be Heard On Mode Or Agency Of Investigation; Cannot Seek Impleadment In Writ Seeking Probe: Calcutta High Court

Observing that an accused has no right of audience in matters concerning the manner or mode of investigation, the Calcutta High Court has dismissed applications seeking impleadment in a writ petition filed for investigation into alleged police inaction and collusion. The Court held that neither a complainant in a separate FIR nor persons who are merely prospective accused can insist on...

Calcutta High Court Monthly Digest: January 2026

Nominal IndexS.K.M. Timber Private Limited v. Superintendent of Central Tax, Burrabazar Division, Kolkata North CGST & CX Commissionerate and others Citation: 2026 LiveLaw (Cal) 1Shri Manoj Kumar Verma v. Union of India & Ors. Citation: 2026 LiveLaw (Cal) 2Sajal Dutta v. Reserve Bank of India and Ors. Citation: 2025 LiveLaw (Cal) 3Equate Petrochemical Company K.S.C.C. v....

Criminal Conviction Under Essential Commodities Act Cannot Rest On Stock Measurement Done With 'Stick': Calcutta High Court

Observing that a criminal conviction cannot rest on doubtful stock measurement done with a stick and unsupported by reliable independent witnesses, the Calcutta High Court has set aside the conviction of a petrol pump operator under the Essential Commodities Act, holding that the prosecution failed to prove violation of stock and display requirements beyond a reasonable doubt.Justice...

Demand & Acceptance Of Bribe Must Be Proved; Recovery Not Enough: Calcutta High Court Upholds Acquittal Of Revenue Officer Over ₹5K Bribe

Reiterating that proof of both demand and acceptance of illegal gratification is sine qua non for conviction under the Prevention of Corruption Act, the Calcutta High Court (Circuit Bench at Port Blair) has upheld the acquittal of a Revenue Officer accused of accepting a ₹5,000 bribe for processing a land mutation application.Justice Apurba Sinha Ray dismissed the State's appeal...

Accused Cannot Suffer For Lawyer's Deficient Cross-Examination: Calcutta High Court Allows Recall Of Witnesses In POCSO Case

Observing that an accused cannot be made to suffer because of a “deficient, casual and cryptic” cross-examination conducted by his previous counsel, the Calcutta High Court (Circuit Bench at Port Blair) has set aside a trial court order refusing to recall prosecution witnesses in a POCSO case and permitted limited re-cross-examination to ensure a fair defence.Justice Apurba Sinha Ray...

'Although We Celebrate Our Daughters Winning Cricket World Cup, Equality Still Distant': Calcutta High Court Restores Dowry Death Trial

“Although we are happy and indeed, rejoicing that our daughters have won the World Cup in Cricket recently… the passing away of Rudrika at the age of one and half years reminds us that still we have to go a long way to achieve complete equality for our girl children,” the Calcutta High Court Circuit Bench at Port Blair observed while setting aside the discharge of a woman's in-laws in...

Calcutta High Court Quashes Criminal Case Against WBFC Official Visiting Borrower's House For Loan Recovery, Calls It Abuse Of Process

The Calcutta High Court has quashed criminal proceedings against a senior retired official of the West Bengal Financial Corporation (WBFC), holding that continuation of the case would amount to a gross abuse of the process of law. The Court found that the FIR and subsequent charge-sheet, arising out of an alleged incident of trespass, criminal intimidation and outraging modesty, were lodged...