When Is the Grant of Ad Interim Injunction Justified in Property Disputes? Calcutta High Court Reaffirms Threefold Legal Tests and Limits Inherent Jurisdiction Under Section 151 CPC

The Calcutta High Court affirms settled precedents: Ad interim injunctions will not be granted unless the plaintiff establishes a prima

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September 4, 2025 | Calcutta High Court

Can a Writ Petition Challenging a Tender Process Be Dismissed Merely on Grounds of Infructuousness Due to Passage of Time?

The Calcutta High Court reiterated that a writ petition regarding a tender process, if rendered infructuous by the passage of

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September 4, 2025 | Calcutta High Court

Does a Writ Petition Dismissed for Default Set Binding Precedent on Substantive Legal Questions?

A dismissal of a writ petition for default—where no one appears for the petitioner—does not decide any substantive legal question,

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September 4, 2025 | Calcutta High Court

Can a Counter-Claim Be Introduced in Arbitration by Amending the Statement of Defence After Framing of Issues? Clarification and Harmonisation with CPC Principles—Precedent for All Arbitration Proceedings

The Calcutta High Court clarifies that, in arbitral proceedings, a counter-claim may not generally be introduced by amending the Statement

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September 4, 2025 | Calcutta High Court

Can a Counter Claim Be Introduced in Arbitration by Amending the Statement of Defence After Framing of Issues? Calcutta High Court Clarifies the Temporal Limits in Arbitration Practice

The Calcutta High Court affirms that, in arbitration proceedings, counter claims cannot ordinarily be introduced after framing of issues; only

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September 4, 2025 | Calcutta High Court

When Is a Writ Petition Rendered Infructuous By Settlement Between Parties?

The court confirms that once disputes between parties in a writ petition are settled and recorded, the petition may be

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September 4, 2025 | Calcutta High Court

Does Mere Allegation of Transfer in Violation of Injunction Justify Interim Injunction When Plaintiff Has Conveyed Title? Calcutta High Court Reaffirms Legal Tests for Grant of Injunction Orders Under Article 227

Calcutta High Court holds that prior transfer of title by plaintiff defeats claim for interim injunction, even if violation of

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September 4, 2025 | Calcutta High Court

Is a Writ Petition Maintainable Against Actions Taken Under Section 14 of the SARFAESI Act When an Alternative Remedy Exists?

The Calcutta High Court reiterated that writ jurisdiction under Article 226 should not be exercised to challenge proceedings initiated under

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September 4, 2025 | Calcutta High Court

Can a plaintiff maintain an ad interim injunction after transferring title to the suit property?

High Court reaffirms the three-fold test for interim injunction and holds that transfer of entire interest extinguishes prima facie case

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September 4, 2025 | Calcutta High Court

Can immovable property mortgaged for unrepaid loans and subsequent share transfers constitute “proceeds of crime” under PMLA, justifying continued ED investigation?

The Calcutta High Court affirms that property used to secure fraudulent credit facilities and later subjected to cash‐based share transfers

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August 30, 2025 | Calcutta High Court

Does the NKDA Act’s Non-Obstante Clause Override Statutory Owner Consent Requirements Under the West Bengal Apartment Ownership and Promoters Acts?

The Calcutta High Court holds (29-08-2025) that Section 184 of the NKDA Act 2007 does not bar application of the

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August 30, 2025 | Calcutta High Court

Can Article 226 Writ Jurisdiction Be Invoked in a Private Matrimonial Dispute Pending Before Civil Court?

Affirms Non-Maintainability of Writ Petitions in Private Matrimonial Matters, Reaffirming That Civil Remedies Preclude High Court Intervention   Summary Category

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August 28, 2025 | Calcutta High Court