Calcutta High Court
Accused Entitled To Cross-Examine Statements Of Natural Person Recorded Under Customs Act, 1962: Calcutta High Court
The Calcutta High Court has held that the accused is entitled to cross-examine natural persons whose statements were recorded under the Customs Act, 1962.The bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi observed that the appellant or accused can be said to be prejudiced for not having been granted the right of cross-examination in as much as the appellant lost the...
Excess Amount Paid In Service Tax Can Be Adjusted Against The Short Payment In Education Cess: CESTAT
The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the excess amount paid in service tax can be adjusted against the short payment in education cess.The bench of Ashok Jindal (Judicial Member) and K. Anpazhakan (Technical Member) has observed that the cenvat credit of basic central excise duty can be utilised for payment of education cess and...
Chargesheet Submitted 5 Yrs After Rape Allegations Were Withdrawn: Calcutta High Court Quashes Case Against Local Politician
The Calcutta High Court has recently quashed criminal case on charges of inter alia rape, against one Abhijit Das, who contested the Lok Sabha Elections in 2014 and 2020 for a political party from Diamond Harbour constituency.In noting that the complainant herself had withdrawn the allegations of rape, and refused to undergo a medical examination, a single-bench of Justice Shampa (Dutt)...
Calcutta High Court Orders DM To Probe Alleged Embezzlement Of Public Funds By Self-Help Group Tasked With Producing School Uniforms
The Calcutta High Court has dismissed a PIL challenging alleged embezzlement of public funds to the tune Rs 8.8 crores allocated to self-help group ‘Milan Mohila Mahasanga’ in Uttar Dinajpur, for manufacturing of school-uniforms.A division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya directed the District Magistrate to look into the allegations. It...
Calcutta High Court Issues Notice To State On PIL Against Non-Implementation Of Centre’s ‘CSC 2.0’ Scheme In Bengal, No Interim Relief
The Calcutta High Court today issued notice to the West Bengal government on a PIL by Dr Sukanta Majumdar, President of State BJP, challenging the non-implementation of the Central Government’s Common Services Centres, E-Governance Committee scheme 2.0 (“CSC”) in West Bengal which formed part of the Digital India Mission.Petitioner argued that due to non-implementation the CSC,...
"PIL Not Genuine": Calcutta High Court Dismisses Plea Claiming Illegal Immigrants From Bangladesh Included In Indian Voters List
The Calcutta High Court has dismissed a PIL challenging the inclusion of certain alleged ‘illegal immigrants’ from Bangladesh, residing in Bagdah, North 24 parganas in Indian voters' list published by the Election Commission of India.In dismissing the PIL, a division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya held:“This is not a genuine PIL, because...
Recruitment Scam: Calcutta High Court Defers Verdict In MP Abhishek Banerjee's Quashing Plea After ED Raids Company Linked To Him
The Calcutta High Court has deferred its verdict in a 482 CrPC petition filed by Trinamool Congress MP Abhishek Banerjee for quashing the criminal cases registered against him in the Municipal and Teacher-Recruitment scam, wherein prospective candidates were offered government jobs in exchange for money. In taking on record Banerjee's submissions that the Enforcement Directorate...
Calcutta High Court Weekly Round-Up: August 28 To September 3, 2023
NOMINAL INDEXRakesh Sha vs The State of West Bengal 2023 LiveLaw (Cal) 240Avinaba Dutta & Another v State of West Bengal & Ors. 2023 LiveLaw (Cal) 241Satyendranath Halder And Ors Vs State Of West Bengal And Ors. 2023 LiveLaw (Cal) 242Suvendu Adhikari v State of West Bengal 2023 LiveLaw (Cal) 243Apurba Biswas & Ors. v. The State of West Bengal & Ors 2023 LiveLaw (Cal) 244Sri...
Being Courts Of Record, High Courts Can Invoke Article 215 To Correct And Review Their Own Orders: Calcutta High Court
The Calcutta High Court has recently held that, as a Court of record, a High Court can review and correct its own orders by invoking its jurisdiction under Article 215 of the Constitution.In upholding the maintainability of the present review application, a single-bench of Justice Moushumi Bhattacharya held:It is important to demarcate the source if invocation of the power of review and the...
Do Social Good To Countenance Your Acts: Calcutta High Court Utilises Contempt Jurisdiction To Order Plantation Of Trees
The Calcutta High Court has recently utilised its contempt jurisdiction to direct those in violation of the Court’s orders to contribute towards social and ecological good.In directing the contemnors to pay costs of Rs 25,000 each, to one Gram Samriddhi Foundation for utilisation in the furtherance of sustainable rural development and prosperity of villages in Bengal, as well as to plant...
'Mother's Evidence The Best Evidence In Such Cases': Calcutta High Court Upholds Man's Conviction For Committing ‘Unnatural Offences’ On 3-Yr-Old
The Calcutta High Court has dismissed the appeal of a man accused of committing unnatural offences (under Section 377 of the IPC) on his 3-year-old neighbour, upon the prosecution having established his guilt beyond a reasonable doubt. Justice Shampa Dutt (Paul) observed that the evidence rendered by the child’s mother would be the ‘best evidence’ in such cases."A mother’s evidence in...
Payment Of Interest On Cash Loan Falls Within The Ambit Of Unexplained Expenditure: Calcutta High Court
The Calcutta High Court has held that the payment of interest on a cash loan falls within the ambit of unexplained expenditure within the meaning of Section 69C of the Income Tax Act.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that it cannot be stated that the order passed under clause (d) of Section 148 is a non-speaking order, nor can the order...