Does Section 222(2) BNSS 2023 Permit a Public Prosecutor to Initiate Defamation Proceedings for Statements Against a Minister Not Linked to Public Conduct? — Calcutta High Court Clarifies Scope and Upholds Existing Law

The Calcutta High Court affirms that a Public Prosecutor can initiate defamation complaints under Section 222(2) BNSS 2023 only when

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November 4, 2025 | Calcutta High Court

When Can a Writ Petition Be Dismissed for Default Due to Non-Appearance?

The Calcutta High Court reaffirms that persistent non-appearance of the petitioner is sufficient ground to dismiss a writ petition for

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November 4, 2025 | Calcutta High Court

When Can an Appeal Be Dismissed for Default Due to Non-Appearance? — Calcutta High Court Upholds Established Procedure

Calcutta High Court affirms that repeated non-appearance by parties can result in dismissal of appeals for default, reiterating the settled

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November 4, 2025 | Calcutta High Court

Can a Guardian of a School Student Challenge Alleged Fund Mismanagement by School Authorities Through a Writ Petition Without Any Impact on the Right to Education? — Calcutta High Court Reaffirms Locus Standi Principles

The Calcutta High Court reiterates that guardians of students lack locus standi to invoke the constitutional writ jurisdiction over school

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November 4, 2025 | Calcutta High Court

Can Constitutional Courts Interfere with Administrative Transfers of Judicial Staff Absent Allegations of Malice or Arbitrariness? — Precedent Upheld on Limited Judicial Review

The Calcutta High Court reaffirms that transfer is an incident of service and judicial review under Article 226 is limited

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November 4, 2025 | Calcutta High Court

Can Non-Compliance with Judicial Orders Be Considered Contempt When a Party Lacks Financial Capacity? — Reaffirmation of Existing Principles by Calcutta High Court

The Calcutta High Court reiterates that inability to comply with a court’s direction due to genuine financial incapacity does not

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November 4, 2025 | Calcutta High Court

Can Appellate Courts Dismiss Second Appeals for Default When Parties Consistently Remain Unrepresented? — Affirmation of Procedural Discretion as Binding Law

The Calcutta High Court confirms that, where parties repeatedly fail to appear despite ample opportunities, second appeals may be dismissed

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November 4, 2025 | Calcutta High Court

Can Appeals Be Dismissed for Default Due to Non-Appearance Despite Prior Final Opportunity? — Clarification and Reaffirmation of Procedural Discipline by the Calcutta High Court

The Calcutta High Court reiterates that when appellants repeatedly fail to appear, even after the grant of a final opportunity,

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November 4, 2025 | Calcutta High Court

Does Withdrawal of a Writ Petition With Liberty to Refile Set Any Precedent on the Substantive Legal Issue Raised?

The Calcutta High Court granted withdrawal of a writ petition with liberty to file afresh on the same cause of

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November 4, 2025 | Calcutta High Court

Does a Court Have the Power to Set Aside an Arbitral Award When Both Parties Breach Contractual Notice-and-Cure Requirements—and the Tribunal Rejects Both Claims?

Calcutta High Court reaffirms that arbitral awards based on reasoned application of contract terms—particularly where both parties breach notice and

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November 4, 2025 | Calcutta High Court

Does the Calcutta High Court’s Summary Disposal Upon Settlement Clarify the Treatment of Payment-Related Writ Petitions?

The judgment reaffirms that where the underlying claim in a writ petition is resolved during proceedings—here, through payment made to

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November 4, 2025 | Calcutta High Court

When Can a Second Appeal Be Dismissed for Default for Non-Appearance?

The Calcutta High Court reiterates that persistent non-appearance by appellants justifies dismissal of a second appeal for default; no adjudication

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November 4, 2025 | Calcutta High Court