Premier Litigation Services in West Bengal

Defending your rights in the historic Calcutta High Court and District Courts across the state. Strategic advocacy for complex civil, criminal, and commercial disputes.

Navigating the Legal Landscape of West Bengal

West Bengal, with its rich legal heritage and bustling commercial capital Kolkata, presents a unique and intricate legal environment. Home to the Calcutta High Court—the oldest High Court in India—the state's judicial system is steeped in tradition yet evolving to meet modern challenges. Litigation here involves navigating a mix of colonial-era procedures on the Original Side and modern statutory frameworks.

From high-stakes corporate battles in the central business district to complex land reforms and tenancy disputes in the suburbs and districts, the need for specialized legal counsel is critical. Litigation services in West Bengal encompass a wide array of fields: Civil disputes, Criminal defense, Constitutional writs, Admiralty, and Intellectual Property rights.

At AMA Legal Solutions, we combine deep local expertise with a modern, results-oriented approach. Our team of seasoned advocates appears regularly before the Calcutta High Court, City Civil Courts, and District Courts across the state. Whether you are a business facing a regulatory hurdle or an individual fighting for your ancestral property, we stand as your trusted legal partners, committed to securing justice.

Practice at the Calcutta High Court

The High Court at Calcutta is not just a court of appeal; it is a legal institution with a unique dual jurisdiction. Understanding this distinction is vital for any litigant.

1. Ordinary Original Civil Jurisdiction

Like Bombay and Madras, Calcutta High Court retains its Original Jurisdiction. This means it acts as a trial court for:

  • Civil suits valued above ₹1 Crore arising within the Kolkata city limits.
  • Admiralty Matters: Exclusive jurisdiction over maritime claims and ship arrests.
  • Company Matters: Winding up, mergers, and oppression/mismanagement petitions (transferred to NCLT but some residual/appellate jurisdiction remains).
  • IPR Suits: Infringement of trademarks, patents, and copyrights.

2. Appellate & Writ Jurisdiction

The Appellate Side hears appeals from all subordinate courts in West Bengal and the Andaman & Nicobar Islands.

  • Mandamus Appeals (MAT): Appeals against orders of a Single Judge in Writ Petitions.
  • First & Second Appeals: Civil appeals from District Judges.
  • Criminal Appeals: Against convictions by Sessions Courts.
  • Writ Petitions (Article 226): Challenging state actions, police inaction, and municipal orders.

Circuit Benches

To bring justice closer to the people, the High Court has established Circuit Benches at:

Port Blair Bench

Serving the Union Territory of Andaman & Nicobar Islands.

Jalpaiguri Bench

Serving the North Bengal districts (Darjeeling, Jalpaiguri, Cooch Behar, etc.).

The Subordinate Judiciary in West Bengal

The foundation of the justice system lies in the subordinate courts. In Kolkata and surrounding districts, the court structure is specific.

City Civil Court, Calcutta

Located near the High Court, it handles civil suits for Kolkata city.

  • Suits valued up to ₹1 Crore.
  • Commercial disputes (Commercial Court Division).
  • Money recovery and injunctions.

Alipore Judges Court

The District & Sessions Court for South 24 Parganas. It is one of the busiest courts, handling:

  • Serious criminal trials (Sessions Cases).
  • Civil suits for Alipore, Behala, Jadavpur areas.
  • Matrimonial cases (District Judge).
  • Probate matters.

Bankshall Court (CMM)

The Chief Metropolitan Magistrate Court for Kolkata.

  • Bail and Remand for city police cases.
  • Trials for magisterial offenses.
  • Cheque bounce cases (NI Act).
  • Cyber crime remand.

Barasat District Court

Serving the North 24 Parganas district (Salt Lake, Rajarhat, Dum Dum).

  • Civil and Criminal matters for the IT hub and suburbs.
  • Land acquisition cases.
  • POCSO cases.

Key Practice Areas in West Bengal

Our practice is tailored to the specific legal needs of the region.

1. Land & Property Litigation

Property laws in West Bengal are complex due to the interplay of old tenancy laws and modern reforms.

  • Tenancy Disputes: Eviction suits under the WB Premises Tenancy Act, 1997.
  • Thika Tenancy: Disputes regarding structure ownership and land rights under the Thika Tenancy Act.
  • Land Reforms: Matters before the WBLRTT regarding vesting and ceiling surplus.
  • Mutation & Tax: Disputes with KMC and other municipalities.

2. Commercial & Corporate

Supporting the business community in Kolkata and industrial belts.

  • Arbitration: Enforcement of awards and Section 9 applications in High Court.
  • Insolvency: NCLT Kolkata bench matters under IBC.
  • Commercial Suits: Fast-track litigation in the Commercial Division.
  • IPR: Trademark and Copyright infringement suits.

3. Criminal Defense

Robust defense in all criminal courts.

  • Bail: Anticipatory Bail and Regular Bail in Sessions and High Court.
  • Quashing: Quashing of FIRs under Section 482 CrPC.
  • White Collar Crime: Defense in CBI, ED, and EOW cases.
  • Cheque Bounce: Prosecution and defense in Section 138 cases.

4. Family & Matrimonial

Sensitive handling of personal disputes.

  • Divorce: Mutual consent and contested divorce.
  • 498A Defense: Protecting families from false dowry harassment cases.
  • Custody: Child custody and guardianship matters.
  • Maintenance: Alimony and maintenance claims.

Expertise in West Bengal Specific Laws

Litigation in West Bengal often pivots on state-specific legislations. We have mastered these statutes.

West Bengal Premises Tenancy Act, 1997

Governs landlord-tenant relations. It replaced the 1956 Act and provides specific grounds for eviction. We assist in drafting tenancy agreements and filing eviction suits.

West Bengal Land Reforms Act, 1955

A critical law governing land holding, vesting, and rights of sharecroppers (Bargadars). Disputes under this Act go to the WBLRTT, not civil courts.

West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001

Regulates the unique 'Thika' system in Kolkata/Howrah. It places restrictions on transfer and redevelopment. We navigate the complexities of Thika Controller proceedings.

Kolkata Municipal Corporation Act, 1980

Governs building rules, property tax, and trade licenses in Kolkata. We handle disputes regarding illegal construction notices and tax assessments.

West Bengal Apartment Ownership Act, 1972

Deals with the ownership of apartments and formation of Associations. We assist in registering Associations and resolving disputes between members and promoters.

The Litigation Process: From Filing to Decree

The path to justice involves several procedural steps. Here is how we guide you through it.

1. Strategy & Notice

We assess your case documents. A strong Legal Notice is sent to the opposite party. This is often a statutory requirement (e.g., in eviction or cheque bounce cases).

2. Filing

The case is filed in the appropriate court (High Court Original Side, City Civil, or District Court). We ensure all pleadings are precise and court fees are paid.

3. Interim Orders

We move the court for urgent relief like Injunctions (Stay Orders), Receiver appointment, or Attachment before Judgment to protect the subject matter.

4. Trial

Evidence is led through Affidavits. We conduct rigorous cross-examination of the opponent's witnesses to expose contradictions and strengthen your case.

5. Arguments & Judgment

Final arguments are made. The Court delivers its Judgment. If favorable, we proceed to execution; if not, we prepare for an appeal.

Why Choose AMA Legal Solutions?

We are committed to delivering excellence in legal representation.

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High Court Veterans

Decades of combined experience in the Calcutta High Court's Original and Appellate sides.

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Local Law Experts

Deep knowledge of WB Tenancy, Land Reforms, and Municipal laws.

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Holistic Solutions

From lower courts to the Supreme Court, we handle the entire lifecycle of litigation.

Client Success Stories

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"I was struggling to evict a tenant who hadn't paid rent for years. AMA Legal Solutions filed a suit under the new Tenancy Act and secured an eviction decree within a reasonable time. Their strategy was flawless."

S

Subhash Bose

Landlord, South Kolkata

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"Our manufacturing unit faced a closure notice from the pollution control board. AMA filed a Writ Petition and obtained a stay order, allowing us to rectify the issues and stay in business. They are lifesavers."

R

Rajiv Agarwal

Industrialist, Howrah

Frequently Asked Questions

Q.How do I file a civil suit in the Calcutta High Court?

Filing a civil suit in the Calcutta High Court depends on whether it falls under the Ordinary Original Civil Jurisdiction or the Appellate Jurisdiction. The Calcutta High Court is one of the few in India with Original Jurisdiction for suits valued above ₹1 Crore (within Kolkata limits) or involving specific subject matters like IP and Admiralty. The Plaint must be filed in the department of the Registrar, Original Side. For appeals from district courts, the filing is on the Appellate Side. It is essential to engage a lawyer familiar with the distinct rules of the Original and Appellate sides.

Q.What is the difference between Alipore Court and Bankshall Court?

The **Alipore Judges Court** is the District & Sessions Court for the South 24 Parganas district (which covers large parts of South Kolkata). It handles serious criminal trials (Sessions cases) and civil suits of unlimited pecuniary jurisdiction. The **Bankshall Court** (Chief Metropolitan Magistrate Court) primarily handles criminal matters in the Kolkata metropolitan area, including bail, remand, and trials for magisterial offenses. Civil matters for Kolkata proper are often handled by the City Civil Court.

Q.Do you handle landlord-tenant disputes in Kolkata?

Yes, we specialize in landlord-tenant disputes under the **West Bengal Premises Tenancy Act, 1997**. We represent both landlords and tenants in suits for eviction on grounds of reasonable requirement, default in rent payment, and subletting. These cases are typically filed in the Civil Judge (Junior/Senior Division) courts or the City Civil Court, depending on the location and valuation.

Q.What is Thika Tenancy and how does it affect property rights?

**Thika Tenancy** is a unique land tenure system in Kolkata and Howrah where the tenant owns the structure but the land belongs to the landlord (or the State). Governed by the **West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001**, disputes often arise regarding the status of the land, inheritance of tenancy rights, and redevelopment. We assist clients in proceedings before the Thika Controller and in challenging orders in the High Court.

Q.How can I challenge a mutation order by the Kolkata Municipal Corporation?

If you are aggrieved by a mutation order or property tax assessment by the **Kolkata Municipal Corporation (KMC)**, you can first file an objection with the Hearing Officer. If dissatisfied, you can appeal to the Municipal Assessment Tribunal. In cases of arbitrary action or violation of natural justice, a Writ Petition under Article 226 can be filed in the Calcutta High Court. We handle all stages of municipal litigation.

Q.What is the role of the West Bengal Land Reforms and Tenancy Tribunal (WBLRTT)?

The **WBLRTT** was established to adjudicate disputes under the West Bengal Land Reforms Act, 1955. It has exclusive jurisdiction over matters related to ceiling surplus land, bargadars (sharecroppers), and vesting of land. Appeals from the Tribunal's orders lie directly to a Division Bench of the Calcutta High Court. We represent clients in complex land ceiling and vesting matters before the Tribunal.

Q.Can I file a case for cheque bounce in Kolkata?

Yes, a complaint for cheque bounce under Section 138 of the Negotiable Instruments Act can be filed in the Metropolitan Magistrate Court (like Bankshall Court) having jurisdiction over the bank branch where the payee maintains the account. The complaint must be filed within 30 days of the expiry of the notice period. We assist in drafting the legal notice and prosecuting the complaint to recover your money.

Q.How long does a commercial suit take in the Calcutta High Court?

The Commercial Division of the Calcutta High Court handles commercial disputes valued above specified thresholds. Under the Commercial Courts Act, 2015, strict timelines are imposed for filing pleadings and completing the trial. While historical delays were common, the dedicated Commercial Division has expedited the process. Pre-institution mediation is mandatory. A well-managed commercial suit can now be resolved significantly faster than a regular civil suit.

Q.Do you handle divorce cases in the Family Courts of West Bengal?

Yes, we handle mutual consent and contested divorce cases in the Family Courts at Kolkata, Alipore, Barasat, and other districts. We also handle matters related to child custody, alimony, and domestic violence. Our approach is to provide empathetic yet legally robust representation to protect your interests during emotional family disputes.

Q.What is the procedure for Probate in West Bengal?

In Kolkata (a Presidency Town), obtaining **Probate** is mandatory if the Will deals with immovable property. The application is filed in the High Court (Original Side) or the District Delegate (if uncontested). Citations are issued to legal heirs. If contested, it becomes a contentious cause (Testamentary Suit). We handle the entire process from drafting the petition to obtaining the Grant of Probate.

Q.Can I file a Writ Petition against the West Bengal Police?

Yes, if the police are inactive on your complaint or are harassing you, you can file a Writ Petition (Mandamus) in the Calcutta High Court. The Court can direct the police to register an FIR, provide police protection, or transfer the investigation to a specialized agency like the CID or CBI in exceptional cases. We have extensive experience in police inaction matters.

Q.What are the laws regarding flat ownership in West Bengal?

The **West Bengal Apartment Ownership Act, 1972** governs the ownership of apartments and the formation of Associations of Apartment Owners. Disputes often arise regarding common areas, maintenance charges, and non-formation of the Association. We represent individual flat owners and Associations in resolving these disputes against promoters/developers.

Q.How do I enforce a foreign arbitral award in Kolkata?

A foreign arbitral award can be enforced in the Calcutta High Court if the assets of the judgment debtor are located within its jurisdiction. The enforcement petition is filed under the Arbitration and Conciliation Act, 1996. The Court first decides on the enforceability of the award and then proceeds with execution. We assist international clients in enforcing awards in West Bengal.

Q.What is the jurisdiction of the City Civil Court, Calcutta?

The **City Civil Court, Calcutta** has jurisdiction to try civil suits arising within the city limits of Kolkata. It handles suits valued up to ₹1 Crore (above which jurisdiction lies with the High Court) and other specific categories. It is distinct from the Small Causes Court, which handles smaller value suits and rent matters. It is a primary forum for civil litigation in the city.

Q.Do you handle anticipatory bail matters in West Bengal?

Yes, we move Anticipatory Bail applications under Section 438 CrPC before the Sessions Courts (like Alipore, Barasat) and the Calcutta High Court. In cases of false implication or political vendetta, securing pre-arrest bail is crucial. Our team acts swiftly to protect clients from arrest and custodial harassment.

Ready to Win Your Legal Battle?

Don't let legal complexities intimidate you. With AMA Legal Solutions, you have the best legal minds in West Bengal fighting for your cause.

Confidential • Experienced • Results-Oriented

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