Does the Dismissal of a Writ Petition for Default Involve Determination of Substantive Legal Rights or Clarification of Precedent?

When the Calcutta High Court dismisses a writ petition for default without examining merits, no question of law is adjudicated

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September 5, 2025 | Calcutta High Court

Can Police Refuse to Register an FIR for a Cognizable Offence If the Complainant Withdraws Their Request for Registration? — Calcutta High Court Clarifies Binding Duty of Police under Section 154 CrPC

Calcutta High Court holds that once a complaint discloses a cognizable offence, the police cannot decline to register a First

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September 5, 2025 | Calcutta High Court

Can the Secretary of the West Bengal Central School Service Commission Decide Teacher Transfer Applications When Directed by Court for Chairman’s Decision? | Precedent on Authority, Delegation, and Proper Decision-Making in Service Matters

The Calcutta High Court sets aside orders issued by the Secretary and Secretary-in-Charge of the Commission, holding that only the

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September 5, 2025 | Calcutta High Court

Does the Dismissal of a Writ Petition as Infructuous for Non-Prosecution or Factual Developments Constitute a Decision on the Merits? Clarifying the Precedential Value and Impact on Future Proceedings

The Calcutta High Court, by dismissing a writ petition as infructuous owing to factual developments and lack of prosecution, reiterated

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September 5, 2025 | Calcutta High Court

Can a Writ Petition Challenging a Section 144(2) CrPC Order Be Entertained After Lapse of Time if It Has Become Infructuous?

The Calcutta High Court clarified that a writ petition challenging an order under Section 144(2) of the Code of Criminal

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September 5, 2025 | Calcutta High Court

Does a Bank’s Alleged Unauthorized Disclosure of Account Statement Justify a Direction to Indemnify or Initiate Criminal Action in a Writ Petition? – Calcutta High Court Reaffirms Limits of Writ Jurisdiction for Disputed Facts

The Calcutta High Court held that when there are serious disputed questions of fact regarding the alleged unauthorized disclosure of

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September 5, 2025 | Calcutta High Court

Does Dismissal for Default Constitute a Pronouncement on the Merits of a Case

Dismissal for default in appearance does not decide any substantive question of law or set precedent, reaffirming the settled rule

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September 5, 2025 | Calcutta High Court

Can Criminal Proceedings Under Section 379 IPC Be Quashed in Co-Ownership Disputes Where Ownership Is Undecided and the Dispute Is Civil in Nature?

Where multiple co-sharers exist and the nature of rights over property is in dispute, criminal charges of theft under Section

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September 5, 2025 | Calcutta High Court

Can Writ Jurisdiction Be Invoked for Claims Relating to Alleged Unauthorized Disclosure of Bank Account Statements When There Are Disputed Questions of Fact?

The Calcutta High Court held that writ jurisdiction cannot be exercised to decide claims regarding the unauthorized disclosure of bank

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September 5, 2025 | Calcutta High Court

Does Dismissal for Default of a Writ Petition Constitute a Pronouncement on Merits or Precedential Value?

A writ petition dismissed for default due to non-appearance does not decide questions of law or fact, has no precedential

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September 5, 2025 | Calcutta High Court

When Can Criminal Proceedings Be Quashed in Joint Property Disputes Involving Section 379 IPC?

The Calcutta High Court, reaffirming existing Supreme Court and High Court precedent, clarified that criminal proceedings under Section 379 IPC

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September 5, 2025 | Calcutta High Court

Can Police Refuse to Register a Cognizable Offence FIR If the Complainant Withdraws: Does Withdrawal Preclude Mandatory FIR Registration?

The Calcutta High Court clarified that police must register an FIR if a complaint discloses cognizable offences, regardless of the

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September 5, 2025 | Calcutta High Court