⚖ Recent Legal Judgments · 2023–2026

Recent Court Judgments India — Supreme Court & Calcutta High Court

Twelve notable rulings of the Supreme Court and the Calcutta High Court from 2023 to 2026 — bail under the BNSS, divorce, maintenance, Section 498A / 85 BNS, property partition, consumer and cheque bounce — explained in plain language and what each one means for people in Asansol.

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Why These Judgments Matter

How Recent Rulings Shape Your Rights in Asansol

People searching for “recent court judgments India” or “Calcutta High Court latest judgments” are usually trying to answer one practical question: does the law as it stands today help me, or hurt me? A judgment is not abstract law — it is the answer a court gave to a real person who was in a situation much like yours. When the Supreme Court clarifies who can get bail under the new Bharatiya Nagarik Suraksha Sanhita, or when the Calcutta High Court decides what counts as cruelty in a marriage, that answer travels down to every district court in the country, including the Asansol District and Sessions Court at Asansol Dhalbhumgarh Road.

This page collects twelve of the most consequential judgments delivered between 2023 and 2026 in the areas that touch ordinary lives in Asansol, Burnpur, Kulti, Jamuria, Raniganj and Durgapur — bail and criminal defence, divorce and maintenance, property and partition, consumer and insurance claims, and cheque bounce under Section 138. For each ruling we give the case name, the court, the date, the brief facts, the ruling, and — most importantly — what it means for you as a resident of Asansol.

A note on the new laws. From 1 July 2024 three new criminal codes replaced the colonial-era statutes: the BNS (Bharatiya Nyaya Sanhita 2023) replaced the IPC, the BNSS (Bharatiya Nagarik Suraksha Sanhita 2023) replaced the CrPC, and the BSA (Bharatiya Sakshya Adhiniyam 2023) replaced the Evidence Act. Several judgments below were decided under the old IPC/CrPC; where that is so, we give the old section and the new BNS/BNSS equivalent, because a case filed in Asansol today will use the new numbers.

Criminal Law & Bail

1. Bail Under the BNSS — The Undertrial Release Rule

In Re: Inhuman Conditions in 1382 Prisons

Supreme Court of India · 23 August 2024 · 2024 INSC 519 · Justices Hima Kohli & Sandeep Mehta

Brief facts. While monitoring prison conditions across the country, the Supreme Court examined the new Section 479 of the BNSS, which caps how long an undertrial prisoner can be detained. The question was whether this benefit, available from 1 July 2024, would also reach the lakhs of undertrials whose cases had begun earlier under the old CrPC.

Ruling. The Court held that Section 479 BNSS applies retrospectively to all undertrials across India, including those whose cases were registered before 1 July 2024. It directed every jail superintendent to proactively identify prisoners who had crossed the one-half (or one-third for first-time offenders) threshold and move their release applications, and directed High Courts to monitor compliance and decide such applications within three months.

What it means for Asansol residents. If a family member is lodged in Asansol Correctional Home (Durgapur Jail) or any West Bengal prison as an undertrial and has already spent one-third of the maximum sentence for the alleged offence — and has never been convicted before — the court shall release him on bond. The jail authorities, not only the prisoner, now have a legal duty to apply. A bail lawyer in Asansol can compute the threshold and move the application quickly.

CBI v. Dayamoy Mahato & Ors.

Supreme Court of India · 11 December 2025 · 2025 INSC 1418 · arising from the Calcutta High Court · Justices Sanjay Karol & N. Kotiswar Singh

Brief facts. The accused in the 2010 Jnaneshwari Express derailment case (a West Bengal matter that reached the Calcutta High Court and then the Supreme Court) had been granted bail by the High Court partly on the ground that they had spent over half the maximum sentence, invoking Section 436A of the CrPC and Article 21. The CBI appealed.

Ruling. The Supreme Court held that the Calcutta High Court erred in applying Section 436A CrPC (and its successor, Section 479 BNSS), because the offences charged — murder under Section 302 IPC and an offence under the UAPA carrying death — were expressly excluded from that provision. Where death is a statutorily prescribed punishment, the undertrial-release rule does not apply at all. However, given twelve years of custody and no misuse of liberty, the Court declined to cancel the bail already granted.

What it means for Asansol residents. The one-third / one-half relief under Section 479 BNSS is powerful but it has a hard edge: it does not apply to offences punishable with death or life imprisonment. For serious charges common in the Asansol region — murder, dacoity with murder, certain UAPA and NDPS offences — ordinary bail under Section 480/483 BNSS must be sought on merits, and the undertrial-release shortcut is unavailable.

Rishabh Gehlot v. State (NCT of Delhi)

Delhi High Court · 13 April 2026 · Justice Girish Kathpalia

Brief facts. A first-time offender, in custody since July 2023 on economic-offence charges under Sections 406, 409, 420, 120B and 506 IPC, had spent more than one-third of the maximum seven-year sentence even though charges had not yet been framed and supplementary investigation was still on.

Ruling. The High Court granted bail under Section 479 BNSS, holding that the most important factor was the period of incarceration already undergone, especially where charges were yet to be framed. It found that despite the Supreme Court directions of August 2024, many first-time offenders were still languishing in jail long after crossing the one-third mark.

What it means for Asansol residents. A 2026 ruling like this is a reminder that courts across India — not only the Supreme Court — are now actively enforcing Section 479 BNSS. If your relative in the Asansol area has spent one-third of the maximum term for a non-capital, non-life offence, the failure to frame charges is itself a reason to enlarge him on bail.

Family Law

2. Maintenance, Divorce & Section 498A / 85 BNS

Mohd. Abdul Samad v. State of Telangana & Anr.

Supreme Court of India · 10 July 2024 · 2024 INSC 506 · Justices B.V. Nagarathna & Augustine George Masih

Brief facts. A Muslim man, ordered by a Telangana family court to pay Rs 20,000 per month as interim maintenance to his divorced wife, argued that since the Muslim Women (Protection of Rights on Divorce) Act, 1986 was a special law, a divorced Muslim woman could claim maintenance only under that Act and not under Section 125 of the CrPC.

Ruling. The Supreme Court held that divorced Muslim women are entitled to maintenance under Section 125 CrPC (now Section 144 BNSS) irrespective of their personal law. The 1986 Act does not extinguish that right; the choice of remedy lies with the woman. The Court called maintenance a right, not charity, and held that excluding Muslim women would violate Article 15(1) of the Constitution.

What it means for Asansol residents. A Muslim woman in Asansol, Burnpur or Kulti who has been divorced — including by triple talaq, which itself is void under the 2019 Act — can file a maintenance application under Section 144 BNSS before the family court or the Judicial Magistrate, and is not restricted to the iddat period. A divorce and maintenance lawyer can file this application.

Shilpa Sailesh v. Varun Sreenivasan

Supreme Court of India · 1 May 2023 · 2023 INSC 468 · Constitution Bench · Justice Sanjiv Khanna

Brief facts. A three-judge Bench was asked whether the Supreme Court, in a transfer petition, can grant a decree of divorce by mutual consent without the parties having to wait the statutory six months, and whether it can dissolve a marriage on the ground of irretrievable breakdown even when one spouse opposes it.

Ruling. The Court held that, in exercise of its power under Article 142(1) of the Constitution, the Supreme Court can (a) grant divorce by mutual consent dispensing with the six-month waiting period in Section 13B(2) of the Hindu Marriage Act, and (b) dissolve a marriage on the ground of irretrievable breakdown even against the opposition of one spouse, once it is fully satisfied the marriage is “totally unworkable, emotionally dead and beyond salvation.” It laid down an illustrative list of factors — period of cohabitation, length of separation, nature of allegations, number of failed mediation attempts, custody of children.

What it means for Asansol residents. Although this power sits with the Supreme Court itself, family courts in Asansol now routinely waive the six-month cooling-off period for mutual-consent divorce where the parties have been separated long, mediation has failed, and alimony and custody are settled. Couples in Asansol who have already spent years in litigation can seek an early decree — see our divorce by mutual consent service.

Rakhi Sadhukhan v. Raja Sadhukhan

Supreme Court of India · 29 May 2025 · arising from the Calcutta High Court · Justices Vikram Nath & Sandeep Mehta

Brief facts. A divorced woman, who remained unmarried and was living independently, challenged the permanent alimony of Rs 20,000 per month fixed by the Calcutta High Court, arguing it did not reflect the standard of living she had during the marriage or the rising cost of living.

Ruling. The Supreme Court enhanced the permanent alimony from Rs 20,000 to Rs 50,000 per month, holding that a divorced woman who remains unmarried is entitled to maintenance reflective of the standard of living she enjoyed during the marriage and which reasonably secures her future, with a 5% increase every two years to account for inflation.

What it means for Asansol residents. This is a Calcutta-High-Court-originated ruling that directly governs alimony in West Bengal. It tells the Asansol family court that maintenance is not a token sum: it must mirror the matrimonial standard of living and be index-linked to inflation. If your alimony or maintenance order is years old, a family lawyer in Asansol can move for enhancement.

Dara Lakshmi Narayana & Ors. v. State of Telangana

Supreme Court of India · 10 December 2024 · Division Bench

Brief facts. A wife had filed an FIR under Section 498A of the IPC (cruelty by husband and relatives) and related provisions, naming her husband and several of his family members. The accused approached the High Court to quash the proceedings; the High Court refused, and the matter reached the Supreme Court.

Ruling. The Supreme Court deprecated the tendency to make mechanical arrests and omnibus allegations under Section 498A IPC (now Section 85 of the BNS), holding that vague and general allegations should not be allowed to implicate every member of the husband’s family without specific acts being attributed to each. The Court stressed the safeguards already laid down against routine arrest in such cases.

What it means for Asansol residents. If a 498A / Section 85 BNS FIR is filed against you and your elderly parents or siblings at an Asansol police station and the allegations are vague and omnibus, you have a strong ground for quashing the FIR or for anticipatory bail under Section 482 BNSS. Conversely, a genuine victim must draft the complaint with specific acts, dates and roles. Our criminal defence and family law teams handle both sides.

Calcutta High Court

3. Divorce & Cruelty — Two Sides of the Same Coin

Dhiraj Guin v. Tanusree Majumder

Calcutta High Court · Division Bench · 19 December 2024 · Justices Sabyasachi Bhattacharya & Uday Kumar

Brief facts. The husband appealed against the trial court’s refusal of divorce. He alleged that his wife had imposed her friend and her mother on his official quarters at Kolaghat against his will, refused conjugal life for a long period, and later lodged a vague complaint under Section 498A IPC without particulars, dates or specific acts.

Ruling. The Division Bench allowed the appeal and granted the husband a divorce on the ground of cruelty. It held that imposing a friend and family members on the husband at his quarters against his will, a long unilateral refusal of conjugal life, and “bald and false” allegations in a Section 498A complaint without any particulars each constituted mental cruelty. The trial court’s judgment was set aside as perverse.

What it means for Asansol residents. A false, vague 498A / 85 BNS complaint with no specifics can itself become a ground of cruelty in the husband’s divorce petition — a point the Calcutta High Court, which hears Asansol appeals, has firmly endorsed. Husbands in Asansol wrongly prosecuted with omnibus allegations now have clear Calcutta High Court authority to rely on.

Rina Mukherjee (nee Biswas) — F.A. No. 53 of 2020

Calcutta High Court · Division Bench · 2024 · Justices Sabyasachi Bhattacharya & Uday Kumar

Brief facts. The husband sought divorce on the ground of cruelty, relying mainly on an undated undertaking signed by the wife and on evidence that the spouses “quarrelled.” The trial court had dismissed the suit; the husband appealed.

Ruling. The Calcutta High Court dismissed the appeal, holding that a “quarrel” between husband and wife involves both parties and forms part of the normal wear and tear of married life; fault cannot be fixed on one spouse for an altercation. Mere irretrievable breakdown of marriage is, as yet, not a standalone ground of divorce in Indian law, and the husband had not proved cruelty.

What it means for Asansol residents. This is the mirror image of Dhiraj Guin. Ordinary arguments and day-to-day friction will not get you a divorce at the Asansol court or on appeal at Calcutta; the conduct must be “grave and weighty” and more than ordinary wear and tear. Bring your facts honestly to a divorce lawyer in Asansol for a candid assessment of whether they cross the threshold.

Property & Partition

4. Inheritance, Partition & Family Arrangements

P. Anjanappa (D) by LRs v. A.P. Nanjundappa & Ors.

Supreme Court of India · 6 November 2025 · Civil Appeal No. 3934 of 2006

Brief facts. A Hindu joint family dispute over partition reached the Supreme Court after the trial court and the High Court had both rejected the claim of two sons who had earlier executed registered release deeds in favour of their father and brother, and whose family had recorded an unregistered palupatti (family arrangement) settling their shares.

Ruling. The Supreme Court set aside the concurrent findings and held that registered release deeds executed by the sons were valid, binding and effective, and that an unregistered palupatti recording a family arrangement was admissible to prove the severance of joint status and the arrangement itself, even though it could not be used to create or transfer an interest in immovable property. The Court rewrote the partition shares accordingly.

What it means for Asansol residents. In the coal-belt and rural areas around Asansol, Raniganj and Jamuria, family partitions are very often recorded in unregistered fonas or family memos. This ruling protects such arrangements as evidence of the family’s intention to separate, while reminding everyone that a registered release deed is far stronger. If your ancestral property partition is disputed, a property lawyer in Asansol can advise whether your family memo will hold.

Consumer & Insurance

5. Motor Accident Claims — Insurer Pays First, Recovers Later

Sunita & Ors. v. United India Insurance Co. Ltd. & Ors.

Supreme Court of India · 17 July 2025 · 2025 INSC 867 · Justice Sanjay Karol

Brief facts. A 32-year-old cloth-seller died in a road accident involving a vehicle being used as a goods carrier without a valid permit, fitness certificate, or a valid driving licence held by the driver. The insurer denied the claim, arguing breach of policy conditions, and the Tribunal exonerated the insurer, fastening liability on the driver and owner.

Ruling. The Supreme Court applied its earlier ruling in National Insurance Co. Ltd. v. Paravathneni and held that even in such cases of breach of policy, the insurance company must first pay the compensation to the claimants (the dependants of the deceased) and then recover it from the owner. The dependants cannot be left remediless because of a dispute between the insurer and the insured.

What it means for Asansol residents. Road accidents on NH-19 (the old GT Road) and the Asansol–Durgapur expressway are common. If your family has lost a breadwinner, the insurer cannot defeat your compensation merely by pointing to a defect in the vehicle papers or the driver’s licence — it must pay you first and chase the owner separately. A consumer and insurance claims lawyer in Asansol can file and protect your claim.

Cheque Bounce

6. Section 138 NI Act — Faster Trials & Compounding

Sanjabij Tari v. Kishore S. Borcar & Anr.

Supreme Court of India · September 2025 · 2025 INSC 1133

Brief facts. The Supreme Court took up the long-pending problem of cheque-bounce cases under Section 138 of the Negotiable Instruments Act, 1881 dragging on for years in trial courts, and issued a comprehensive set of procedural directions.

Ruling. The Court issued binding directions for the speedier disposal of Section 138 cases, including: there is no requirement for the Magistrate to issue summons to the accused at the pre-cognizance stage under Section 223 of the BNSS; service of summons may be effected through additional modes (email, WhatsApp, registered post); and to encourage early settlement, the court may allow compounding of the offence on payment of an additional 5% of the cheque amount to the Legal Services Authority if the accused tenders payment after recording of his evidence but before judgment, rising to 10% if the amount is tendered before the Supreme Court.

What it means for Asansol residents. Cheque-bounce complaints at the Asansol court can now move faster, and accused persons who are willing to settle get a clear financial incentive to do so early — paying a small percentage to the District Legal Services Authority instead of years of litigation. If you have a dishonoured cheque from a business in Asansol, Durgapur or Raniganj, a cheque bounce lawyer can issue the statutory notice and file or defend the complaint.

Need Help With a Matter?

Our Practice Areas in Asansol

⚖️ Criminal Defence

Bail under BNSS, FIR defence, Section 85 BNS / 498A, criminal appeals at Asansol Court and Calcutta High Court.

🔒 Bail & Anticipatory Bail

Section 479 undertrial release, Section 482 anticipatory bail, default bail under Section 187(3) BNSS.

👫 Divorce & Family

Mutual consent and contested divorce, maintenance under Section 144 BNSS, child custody, domestic violence.

🏛️ Property & Partition

Ancestral property, partition suits, inheritance, mutation, release deeds and family arrangements.

🛒️ Consumer & Insurance

Motor accident claims, insurance repudiation, deficiency of service, homebuyer disputes.

💳 Cheque Bounce (Sec 138)

Statutory notice, complaint drafting, trial representation, compounding and early settlement.

Frequently Asked Questions

Recent Judgments — Your Questions

Where can I read recent judgments of the Calcutta High Court?

The official source is calcuttahighcourt.gov.in, where orders and judgments are published daily. You can also search by party name or keyword on Indian Kanoon and on the eCourts services portal. Cases filed at the Asansol District and Sessions Court are first decided there and, on appeal, reach the Calcutta High Court (the Circuit Bench at Jalpaiguri hears matters from the Asansol region). This page summarises the rulings that most often affect people in Asansol, Burnpur, Kulti, Jamuria, Raniganj and Durgapur.

Do Supreme Court judgments apply in Asansol courts?

Yes. A judgment of the Supreme Court of India binds every court in the country under Article 141 of the Constitution, including the Asansol District Court and the Calcutta High Court. From 1 July 2024 the new criminal laws apply — the Bharatiya Nyaya Sanhita (BNS) replaced the IPC, the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the CrPC, and the Bharatiya Sakshya Adhiniyam (BSA) replaced the Evidence Act — so older rulings on, for example, Section 498A IPC are now read together with the new Section 85 BNS.

Which recent judgment helps a first-time offender get bail under BNSS?

Section 479 of the BNSS, read with the Supreme Court order of 23 August 2024 in In Re: Inhuman Conditions in 1382 Prisons (2024 INSC 519), entitles a first-time offender to release on bond once he has spent one-third of the maximum sentence for the alleged offence in custody, and any undertrial to release at one-half. The jail superintendent has a duty to move the application. This rule does not apply where the offence carries death or life imprisonment.

Can a divorced Muslim woman in Asansol claim maintenance from her husband?

Yes. The Supreme Court in Mohd. Abdul Samad v. State of Telangana (10 July 2024, 2024 INSC 506) held that a divorced Muslim woman can claim maintenance under Section 125 of the CrPC (now Section 144 of the BNSS) irrespective of her personal law, and the Muslim Women (Protection of Rights on Divorce) Act, 1986 does not take away that right. She can choose either remedy, or both.

How do I use a recent judgment in my own case at the Asansol Court?

A judgment is used by citing it before the court as binding (if from a higher court) or persuasive (if from a coordinate court) authority for the legal point in your favour. The facts of your case must match the principle. Bring the citation to your advocate, who will weave it into the bail application, written statement, appeal or revision. For help applying any of these rulings to your matter, book a free first consultation with Advocate Anurag Gupta on +91 8240642015.

Important

A Note on Legal Accuracy

The summaries on this page are written in plain language to help residents of Asansol understand how recent judgments affect them. Every case name, court and date has been checked against the reported judgment, but a short summary cannot capture every nuance, exception or proviso, and the law continues to develop. None of this is legal advice for your specific situation. The application of any judgment depends on the exact facts of your case, the stage of proceedings, and the court in which your matter is pending.

Before you rely on any of these rulings — to file a bail application, draft a divorce petition, issue a cheque-bounce notice or contest a partition — speak to an advocate. Advocate Anurag Gupta offers a free first consultation, in person at Asansol Court or by phone, to confirm which judgment helps you and how to use it.

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