HCMONTHLY CASE LAW ARCHIVE
Read 45 LawLens analyses of Calcutta High Court judgments published in March 2026, covering key rulings, legal principles and case law.
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A consent decree was passed by a Division Bench on May 22, 1997, based on the "Mittal Settlement," which partitioned properties among the parties
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On May 22, 1997, a Division Bench passed a consent decree based on the "Mittal Settlement" involving the partition of various properties
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The suit, involving a declaration and cancellation of the "Mittal Settlement," resulted in a consent decree passed by a Division Bench on May 22, 1997
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The petitioner, a driver for the West Bengal Transport Corporation Ltd., was initially discharged in 2012 for unauthorized absence exceeding ninety days
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The Petitioner No. 1, a manufacturing unit recognized by the Directorate of Micro, Small and Medium Enterprises (MSME), challenged an order dated February 22, 2019, issued by the Joint Secretary to the Government of W...
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On May 25, 2018, Customs officers intercepted Anil Kumar Gaur (Respondent No. 2) at Howrah Railway Station and recovered 1,999.90 grams of gold bullion concealed in a specially stitched cotton waist belt
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The company (in liquidation) was ordered to be wound up on November 5, 1979, which was affirmed by a Division Bench in 1983.
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The parties entered into an agreement captioned "Leave and Licence" on April 1, 2004
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The Plaintiff, a franchisee of M/s Raymond Limited, operates a shop at premises no. 7/1A, Lindsay Street, Kolkata.
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The petitioner filed a suit and an application for interim relief regarding certain properties.
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The Petitioner No. 1 is a charitable society that owned various portions of a building at 8, Camac Street, Kolkata
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The Petitioner provided a Rupee Term Loan of Rs. 273.48 crores to the Respondent (a Joint Venture between Shristi Infrastructure and Asansol Durgapur Development Authority/ADDA) under an agreement dated April 2, 2019
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The petitioner and respondent nos. 1 and 2 are partners in a registered firm, "Ashoka Exports," governed by a Reconstituted Partnership Deed dated April 1, 2009, containing an arbitration clause (Clause 25)
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The petitioner filed its income tax return for Assessment Year (AY) 2017–18 reporting a book loss
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The defendants received the writ of summons on 30th May, 2025
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The Plaintiff, owner of "Karnani Mansion" in Kolkata, filed a suit for permanent injunction and damages against the Defendants
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The company in liquidation, Dunlop India Limited ("Dunlop"), and Guest Keen Williams Ltd ("GKW") originally co-owned the premises at 46B, Chowringhee Road, Kolkata ("the property") in equal 50% shares
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The appellant challenged the terms of a Request for Proposal (RFP) dated February 9, 2026, issued for providing a surveillance system (live web streaming, CCTV, and GPS tracking) for the 2026 West Bengal Legislative A...
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Two appeals were heard analogously, stemming from a judgment and order dated November 8, 2024, by a learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996.
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![Non-delivery of signed arbitral awards under Section 31(5) prevents commencement of limitation for Section 34 challenges.. Srei Equipment Finance Limited v. Roadwings International Private Limited [2026:CHC-OS:88]. Calcutta High Court. LawLens](/stories/thumbnails/non-delivery-of-signed-arbitral-awards-under-section-31-5-prevents-commencement-of-limitat-1dbb962c4800405ebb6c7caaf6f6f92f.webp)
The petitioner (Srei) challenged two purported arbitral awards dated September 17 and 21, 2020, which dismissed its claims against the respondent.
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![### Section 34 Recourse Includes Challenges to "Non-Existent" or Purported Awards Vitiated by Fraud. Srei Equipment Finance Limited v. Roadwings International Private Limited [2026:CHC-OS:88]. Calcutta High Court. LawLens](/stories/thumbnails/section-34-recourse-includes-challenges-to-non-existent-or-purported-awards-vitiated-by-fr-e0382d033227413783b0cc5cc2da5df6.webp)
The petitioner filed applications under Section 34 of the Arbitration and Conciliation Act, 1996, to set aside two purported awards dated September 17 and 21, 2020.
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![### Section 34 Court is empowered to set aside a non-existent or fraudulent award as being against public policy.. SREI Equipment Finance Limited vs. Roadwings International Private Limited [AP-COM No. 529 of 2024 with connected matters; 2026:CHC-OS:88]. Calcutta High Court. LawLens](/stories/thumbnails/section-34-court-is-empowered-to-set-aside-a-non-existent-or-fraudulent-award-as-being-aga-df6857e4e03b46949825115bf26f7566.webp)
The petitioner filed applications under Section 34 of the Arbitration and Conciliation Act, 1996, challenging two purported arbitral awards dated September 17 and 21, 2020.
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![### Section 34 Court is empowered to set aside purported awards that are non-existent or vitiated by fraud.. Srei Equipment Finance Limited v. Roadwings International Private Limited [AP-COM No. 529 of 2024 & Ors.; 2026:CHC-OS:88]. Calcutta High Court. LawLens](/stories/thumbnails/section-34-court-is-empowered-to-set-aside-purported-awards-that-are-non-existent-or-vitia-c70f7e8edb114d489fb1984daa5beb3f.webp)
The petitioner challenge two purported arbitral awards dated September 17 and 21, 2020, which dismissed its claims against the respondent.
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![### Excepted matters clause cannot be invoked where delays and breach are attributable to the Employer.. Union of India v. Senbo Engineering Limited [2026:CHC-OS:76-DB]. Calcutta High Court. LawLens](/stories/thumbnails/excepted-matters-clause-cannot-be-invoked-where-delays-and-breach-are-attributable-to-the--cc99adfa24c149e9a42038785bf3ea52.webp)
The Appellant (Union of India) issued a work order to the Respondent on July 19, 2011, for the construction of a viaduct and station building.
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![### PLAINTIFF PERMITTED TO DISCLOSE ADDITIONAL DOCUMENTS TO REBUT DEFENCE RAISED IN WRITTEN STATEMENT UNDER ORDER XI CPC. Hooghly Infrastructure Pvt Ltd vs. United India Insurance Company Ltd [IA No. GA-COM/5/2025 in CS-COM/231/2024]. Calcutta High Court. LawLens](/stories/thumbnails/plaintiff-permitted-to-disclose-additional-documents-to-rebut-defence-raised-in-written-st-390f0ede22d54e82aa4209bbc2dea330.webp)
The plaintiff filed an application seeking leave to disclose additional documents after the filing of the plaint and beyond the initial discovery stage
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![Arbitrators cannot supplant evidence with personal knowledge or discard expert reports without rational justification.. ITD-ITD CEM Joint Venture Vs. Kolkata Metro Rail Corporation Limited [2026:CHC-OS:81-DB]. Calcutta High Court. LawLens](/stories/thumbnails/arbitrators-cannot-supplant-evidence-with-personal-knowledge-or-discard-expert-reports-wit-253754319e6740aebdc705d7a73effd6.webp)
The appellant (ITD) was awarded a contract for underground metro tunneling in Kolkata.
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![Suit for eviction from property used for commerce constitutes a commercial dispute requiring pre-institution mediation.. Auto Fuel & Services VS Amalgamated Fuels Limited & Anr. [2026:CHC-OS:84-DB]. Calcutta High Court. LawLens](/stories/thumbnails/suit-for-eviction-from-property-used-for-commerce-constitutes-a-commercial-dispute-requiri-c18cda0111f149e1b8de95d889843953.webp)
The plaintiff (Respondent No. 1) filed a suit for eviction and mesne profits against the defendants in the non-commercial division of the High Court
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![Interim relief is not maintainable unless granted in aid of the main relief claimed in a suit.. Industrial Investment Bank of India Limited (In Voluntary Liqn.) Vs. Smt. Persis A. Khambatta & Another [APO No. 339 of 2017; 2026:CHC-OS:82-DB]. Calcutta High Court. LawLens](/stories/thumbnails/interim-relief-is-not-maintainable-unless-granted-in-aid-of-the-main-relief-claimed-in-a-s-b926dbbc4b284839b7b7b92790fbe5cb.webp)
The respondents (plaintiffs) invested ₹1 Crore in "C-class" redeemable preference shares of the appellant bank in 1998.
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The respondent (plaintiff/owner) filed a suit for eviction against the appellant (defendant) in 2016, alleging the appellant was a trespasser in the suit property.
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![Expired commercial lease disputes constitute commercial disputes under the Commercial Courts Act, 2015.. Indian Oil Corporation Limited vs. Jayanta Krishna Datta and Another [2026:CHC-OS:85-DB]. Calcutta High Court. LawLens](/stories/thumbnails/expired-commercial-lease-disputes-constitute-commercial-disputes-under-the-commercial-cour-0650795bf35c4cc9b52f19bd9755b47d.webp)
The respondents (landlords) filed a suit for eviction and recovery of possession against the appellant (IOCL) regarding two immovable properties leased via registered deeds dated September 10, 2008.
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![Designation of a Juridical Seat Confers Exclusive Supervisory Jurisdiction Regardless of Where Cause of Action Arises. M/S Ugro Capital Limited v. Vallabh Metal Industries and Anr. [2026:CHC-OS:80 (AP-COM 735 of 2024)]. Calcutta High Court. LawLens](/stories/thumbnails/designation-of-a-juridical-seat-confers-exclusive-supervisory-jurisdiction-regardless-of-w-b8439a28b8544f41ba94ba7acaf4c1d0.webp)
The Petitioner and Respondent entered into a Facility Agreement on 02.05.2019 containing an arbitration clause.
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![Designated seat of arbitration confers exclusive supervisory jurisdiction regardless of where the cause of action arises.. M/S Urgo Capital Limited vs. Dhruv Cables and Conductors and Ors. [2026:CHC-OS:79]. Calcutta High Court. LawLens](/stories/thumbnails/designated-seat-of-arbitration-confers-exclusive-supervisory-jurisdiction-regardless-of-wh-15fac39f07694dd6b993f66b99fe2a8b.webp)
The Petitioner extended a credit facility of Rs. 4 Crores to the Respondent in 2019, followed by a supplementary agreement in 2021.
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![Arbitral award based on perverse findings regarding contract commencement and unconditional extensions constitutes patent illegality.. MBL Infrastructure Limited vs. Hooghly River Bridges Commissioners [AO-COM/26/2025; 2026:CHC-OS:86-DB]. Calcutta High Court. LawLens](/stories/thumbnails/arbitral-award-based-on-perverse-findings-regarding-contract-commencement-and-unconditiona-a1e7d64270d1411ca0237bc8827664c9.webp)
The parties entered into a construction contract on December 4, 2013, for a commercial complex.
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![### Excepted Matters Clause Inapplicable Where Fundamental Breach and Illegal Termination Render Disputes Inextricably Intertwined. Union of India v. Senbo Engineering Limited [AO COM 36 of 2024 with OCOT 1 of 2025 (2026:CHC-OS:76-DB)]. Calcutta High Court. LawLens](/stories/thumbnails/excepted-matters-clause-inapplicable-where-fundamental-breach-and-illegal-termination-rend-173d9f979dae44c5bfbf0f947cada79d.webp)
The Appellant (Union of India) issued a work order to the Respondent on July 19, 2011, for the construction of a viaduct and station building
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![### Administrative actions lack of reasons can be cured by supporting materials in relevant records upon judicial review.. Niranjan Pipalia v. Hindustan Steel Works Construction Limited [AD-COM 9 of 2024]. Calcutta High Court. LawLens](/stories/thumbnails/administrative-actions-lack-of-reasons-can-be-cured-by-supporting-materials-in-relevant-re-d77842c14f0a4f26b47e21ec5471feb9.webp)
The Appellant entered into a contract with the Respondent on November 19, 1992, for the supply of scientific instruments at Durgapur Steel Plant.
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![Termination based on "impossible" performance caused by erroneous soil reports and inadequate BOQ rates is illegal.. Rahee - GPT (JV) & Ors. Versus The Union of India & Ors. [C.S. (COM) No. 56 of 2024; Old No. C.S. 97 of 2014]. Calcutta High Court. LawLens](/stories/thumbnails/termination-based-on-impossible-performance-caused-by-erroneous-soil-reports-and-inadequat-1652a64f4a524fca9150f3dd5df72c69.webp)
The Plaintiff (a Joint Venture) was awarded a contract by the South East Central Railway (Defendants 2 & 3) on July 28, 2010, for the design and construction of a bridge foundation and substructure
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![### Averments in an interim application requesting reference to arbitration constitutes substantial compliance with Section 8(2).. M/S Samman Capital Limited (Formerly known as Indiabulls Housing Finance Limited) Vs. Jagannath Heights Pvt. Ltd. [2026:CHC-OS:74-DB]. Calcutta High Court. LawLens](/stories/thumbnails/averments-in-an-interim-application-requesting-reference-to-arbitration-constitutes-substa-b028255a2ff049d09c9d2b48348841b1.webp)
The appellant (defendant) challenged an order dated January 9, 2026, which dismissed their application (Master’s Summons) filed under Section 8 of the Arbitration and Conciliation Act, 1996.
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The Appellants filed multiple statutory appeals under the Designs Act, 2000, challenging the rejection of their design applications for Graphical User Interfaces (GUIs) applied to various articles like display screens...
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![Graphical User Interfaces (GUIs) are registrable designs under the Designs Act, 2000, satisfying "article" and "industrial process" criteria.. NEC Corporation vs. The Controller of Patents and Designs and Ors. (Consolidated Appeals: IPDAID/21/2024, IPDAID/22/2024, IPDAID/1/2025, IPDAID/2/2025, IPDAID/3/2025) [no citation]. Calcutta High Court. LawLens](/stories/thumbnails/graphical-user-interfaces-guis-are-registrable-designs-under-the-designs-act-2000-satisfyi-903051c2681f400fa2f8ed394b80a51f.webp)
The appellants, including NEC Corporation, TVS Motor Company, and others, filed various applications for the registration of Graphical User Interfaces (GUIs) as designs under the Designs Act, 2000
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![Graphical User Interfaces (GUIs) are registrable designs under the Designs Act, 2000, despite their digital nature.. NEC Corporation vs. The Controller of Patents and Designs and Ors. [2026:CHC-OS:73]. Calcutta High Court. LawLens](/stories/thumbnails/graphical-user-interfaces-guis-are-registrable-designs-under-the-designs-act-2000-despite--372b94d0cf6f40e19f081df0a2738ca8.webp)
Several appellants (NEC Corp, ERBE Elektromedizin, Abiomed Inc, TVS Motor Co.) filed statutory appeals against orders passed by the Controller of Patents and Designs which rejected their applications for Graphical Use...
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![Graphical User Interfaces (GUIs) are registrable designs satisfying the statutory criteria of "article" and "industrial process.". NEC Corporation v. The Controller of Patents and Designs and Ors. [2026:CHC-OS:69]. Calcutta High Court. LawLens](/stories/thumbnails/graphical-user-interfaces-guis-are-registrable-designs-satisfying-the-statutory-criteria-o-7d039443feea4716abfa3c9b6a14d5ae.webp)
The Appellants filed various statutory appeals under the Designs Act, 2000, challenging orders passed by the Controller and Assistant Controller of Patents and Designs which rejected applications for the registration...
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![Graphical User Interfaces are registrable as designs provided they satisfy the statutory criteria of an article.. NEC Corporation vs. The Controller of Patents and Designs and Ors. [2026:CHC-OS:70]. Calcutta High Court. LawLens](/stories/thumbnails/graphical-user-interfaces-are-registrable-as-designs-provided-they-satisfy-the-statutory-c-8a10b67765a5480b80b76f443bab06ea.webp)
Several appellants (NEC Corporation, ERBE Elektromedizin GMBH, Abiomed Inc, and TVS Motor Company) challenged individual orders passed by the Controller/Assistant Controller of Patents and Designs which rejected their...
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![Unconditional acknowledgment of liability in a company’s balance sheet warrants a judgment on admission.. N C Infracon Private Limited v. Manish Luharuka and Ors [2026:CHC-OS:68-DB]. Calcutta High Court. LawLens](/stories/thumbnails/unconditional-acknowledgment-of-liability-in-a-company-s-balance-sheet-warrants-a-judgment-92634f7ecea44ae3809139f0db9bbbb4.webp)
The plaintiff (respondent) filed a suit against the appellant for unpaid dues arising from a purchase order dated September 27, 2017.
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![Suit involving intertwined causes of action against non-signatories cannot be referred to arbitration.. Tirupati Vancom Private Limited v. James Glendye and Co. Private Limited and Ors. [IA No. GA-COM/2/2025 In CS-COM/70/2025]. Calcutta High Court. LawLens](/stories/thumbnails/suit-involving-intertwined-causes-of-action-against-non-signatories-cannot-be-referred-to--dc6fe5855b6c4b87be1bd3f4481c960b.webp)
The plaintiff filed a commercial suit seeking a declaration that an arbitral award dated June 29, 2023, is not binding on its 18% shareholding interest in Defendant No. 1, alongside claims for the refund of approximat...
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![Courts cannot interfere with tender eligibility criteria unless they are shown to be arbitrary, mala fide, or discriminatory.. M/s Innovatiview India Limited vs. The Chief Electoral Officer, West Bengal & Anr. [W.P.O. No. 89 of 2026]. Calcutta High Court. LawLens](/stories/thumbnails/courts-cannot-interfere-with-tender-eligibility-criteria-unless-they-are-shown-to-be-arbit-1922c6d6dd0144ffadf3b9c815c2d26a.webp)
The petitioner challenged the eligibility criteria in a Request for Proposal (RFP) dated February 9, 2026, issued by the Chief Electoral Officer, West Bengal, for surveillance systems (Web Streaming and CCTV) for the...
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