High Court of Calcutta
30 judgments
Union of India v. A B P Private Limited
The Supreme Court held that the Central Government's power to amend excise duty exemption notifications under Section 25(1) of the Central Excise Act, 1962, is subject to valid policy and public interest, and arbitrary withdrawal of exemptions is invalid.
Union of India v. A. B. P. Private Limited
The Supreme Court held that the government’s power to amend or withdraw excise duty exemption notifications under Section 25(1) of the Central Excise Act, 1962, is subject to public interest and procedural fairness, upholding the original exemption notification and setting aside the unlawful amendment.
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The court held that legislative amendment excluding tea manufacturing from 'production' lawfully terminated appellants' tax exemption rights, rejecting their claim based on legitimate expectation and upholding the government's withdrawal of exemption.
Tarok Nath Keshari v. Government of West Bengal
The court upheld conviction under the Essential Commodities Act but modified the sentence by granting probation considering the long delay and good conduct of the petitioner.
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The Supreme Court held that magistrates must direct police investigation upon receipt of a complaint under Section 156(3) CrPC without testing its credibility or bonafides, setting aside dismissal orders based on delay or lack of credibility.
Aklash Bijoybagai v. Rajlil Choudhury
The court held that under Section 156(3) CrPC, magistrates may direct police investigation without probing complaint veracity, but must exercise judicial prudence to prevent abuse, remanding the matter for fresh consideration.
Nikhil Chandra Mandal v. State of West Bengal
The Supreme Court set aside the High Court's conviction under Section 302 IPC, reinstating the trial court's acquittal due to insufficient and unreliable circumstantial evidence and extra-judicial confessions.
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The High Court's dismissal of the quashing application was set aside, and the FIRs and criminal proceedings were quashed under Section 482 CrPC for lack of prima facie cognizable offences and abuse of process.
Sk. Md. Rafique v. Managing Committee, contai Rahamania High Madrasah and Others
The court held that minority educational institutions have constitutional rights to manage and administer their affairs autonomously, subject only to reasonable state regulation that does not destroy their essential character or autonomy.
Sk. Md. Rafique v. Managing Committee, Contai Rahamania High Madrasah and Others
The Supreme Court upheld the validity of state regulation over minority madrasahs under the Madrasah Service Commission Act, 2008, balancing minority rights under Articles 29 and 30 with reasonable state control for proper administration.
HEC-CS-1502-81 v. SCIL
The court upheld the unconditional and independent nature of bank guarantees, dismissing the appellant bank's appeal and directing payment upon lawful invocation despite underlying contractual disputes.
HEC-CS-1502-81 v. SCIL
The court upheld that an unconditional bank guarantee binds the bank to pay upon demand irrespective of disputes between the beneficiary and principal debtor, dismissing the appellant bank's appeal.
West Bengal State v. Ranaghat & Habra Municipality
The Calcutta High Court clarified and directed the prompt disbursement of compassionate allowance to families of deceased municipal employees in West Bengal, emphasizing adherence to government orders and preventing arbitrary denial.
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The court upheld the execution of a decree for possession of immovable property under Order XXI Rules 98-100 CPC, affirming the decree-holder’s right despite the respondent’s claim as legal heir, emphasizing the necessity of proving title and interest in execution proceedings.
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The court upheld execution proceedings and delivery of possession under Order XXI CPC, holding that third parties must file independent suits under Section 101 of the 1976 Amendment Act to resist execution based on title or possession claims.
Naisima Nik v. United Ltd. and Ors.
The Supreme Court upheld the landlord's eviction decree, ruling that heirs of a deceased tenant have tenancy rights only for five years post tenant's death under the Premises Tenancy Act, 1997, and cannot claim protection beyond that period.
Naisima Nik v. United Ltd. and Ors.
The court held that heirs of a deceased tenant who do not reside in the premises are not entitled to perpetual tenancy rights beyond the statutory five-year protection period under the West Bengal Premises Tenancy Act, 1997, and upheld the landlord's right to eviction.
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The Supreme Court held that the limitation period under Section 7(2) of the Premises Tenancy Act, 1997, for filing rent arrears claims is mandatory and courts cannot extend time, thereby upholding eviction orders for non-payment of rent beyond the limitation period.
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The court held that the limitation period under Section 7(2) of the Premises Tenancy Act, 1997, for eviction due to non-payment of rent arrears is mandatory and not extendable, thereby upholding eviction orders against tenants who failed to deposit rent within the prescribed time.
Rajib Singh Harpal v. Others
The High Court upheld the validity of a probate granted in 1982, dismissing the petitioner's challenge based on non-citation and alleged forgery, affirming discretionary citation powers and locus standi requirements under the Indian Succession Act.