Calcutta High Court
GST Registration Cancellation With Retrospective Effect Can’t Be A Ground To Deny GST ITC To The Buyer: Calcutta High Court
The Calcutta High Court, while noting that at the time of the transaction, the name of the supplier as a registered taxable person was already available with the government record, and the buyer/petitioner had paid the amount of the purchased articles as well as tax through the bank and not in cash, remanded the matter back to the department.The bench of Justice Krishna Rao has observed that...
WB Panchayat Elections: Calcutta High Court Says Can't Issue Mandamus To Extend Date For Filing Nominations, SEC Should Exercise Discretion
In petitions concerning the upcoming Panchayat elections in West Bengal, the Calcutta High Court today refused to direct the State Election Commission to extend the deadline for filing nominations.The division bench of Chief Justice Sivagnaman and Justice Hiranmay Bhattcharya had last week said that five days time provided for filing nomination papers is prima facie inadequate. However, in...
Look Out Circulars Violates Fundamental Right Of Movement, Banks Can’t Make It A Recovery Norm: Calcutta High Court
The Calcutta High Court has held that the Look Out Circulars causes an immediate and irrevocable violation of a person’s fundamental right to movement."Look Out Circulars," which have the effect of restricting a person's free movement and the right to travel, should only be issued in exceptional circumstances. Lookout Circulars cannot be issued at random or at the slightest...
Trial Courts Not Mute Spectators, Judicial Restraint Doesn't Disentitle Them From Taking Exception To Advocate's Extreme Conduct: Calcutta High Court
The Calcutta High Court has observed that "judicial restraint and discipline" does not mean that even in extreme cases a Judicial Officer is not entitled to take exception against non-conforming acts of an Advocate representing a party.A single-judge bench of Justice Bibek Chaudhuri observed that where the Counsel of any of the parties disturbs judicial function of a Court, the Judge has...
Calcutta High Court Weekly Round Up: June 3 To June 11, 2023
NOMINAL INDEXDecco Worldwide Post Harvest Holdings B.V & Anr. V The Controller of Patents and Designs & Anr 2023 LiveLaw (Cal) 148Sujit Kumar Datta v The State of West Bengal & Ors 2023 LiveLaw (Cal) 149Sutapa Adhikari & Ors v State of West Bengal & Anr 2023 LiveLaw (Cal) 150Sekhar Kr Roy v Lila Roy & Anr 2023 LiveLaw (Cal) 151Deepak Chatterjee @ Dipak Chatterjee...
WB Panchayat Elections: State Election Commission Tells Calcutta High Court It Can Extend Nomination Period By One Day
In petitions concerning the upcoming Panchayat elections in West Bengal, the Calcutta High Court today asked the State Election Commission (SEC) if the polling date can be pushed further to grant sufficient time to candidates for filing nominations.The division bench of Chief Justice Sivagnaman and Justice Hiranmay Bhattcharya had last week said that five days time provided for filing...
Plant Varieties Protection & Farmers Rights Act | Civil Courts Has No Jurisdiction To Decide Validity Of Variety Registration: Calcutta High Court
The Calcutta High Court has held that jurisdiction of civil courts is barred by Protection of Plant Varieties and Farmers Rights Act, 2001 inso far as deciding validity of registration of a variety is concerned.A division bench of Justice IP Mukherji and Justice Biswaroop Chowdhury observed Section 89 provides that the civil court would not have any jurisdiction over any matter which...
Five Days Prima Facie Inadequate To File Nominations For Panchayat Elections: Calcutta High Court
The Calcutta High Court today held urgent hearing in two PILs moved by Congress leader Adhir Ranjan Chowdhury and BJP's Suvendu Adhikari regarding the upcoming Panchayat elections slated to be held on July 8.A division bench of Chief Justice T.S. Sivagnaman and Justice Hiranmay Bhattacharya observed that prima facie, as pointed out by the petitioners, five days time provided for filing...
Clause Making Arbitration An Option For Resolution Of Dispute Is Not A Valid Arbitration Agreement: Calcutta High Court
The High Court of Calcutta has held that a clause in an agreement that merely provides for a possibility of arbitration is not a binding arbitration agreement. The bench of Justice Shekhar B. Saraf held that a clause which provides for resolution of dispute either by way of litigation or arbitration cannot be held to be a binding arbitration agreement as the clause makes arbitration a...
Venue Would Not Be The Seat Of Arbitration When The Agreement Confers Exclusive Jurisdiction On The Courts At A Different Place: Calcutta High Court
The High Court of Calcutta has held that the venue would not become the seat of the arbitration when the agreement confers exclusive jurisdiction on the Court in a different place. The bench of Justice Shekhar B. Saraf held that presence of a clause which confers exclusive jurisdiction upon a Court in a place other than the venue of arbitration is a ‘Contrary Indicia’ that prevents the...
Genuine Workers Under MGNREGA Entitled To Payment: Calcutta High Court Asks Govt To Take Steps To Release Unpaid Wages In West Bengal
The Calcutta High Court has made it clear that while it is essential to eliminate dummy accounts allegedly benefitting from Centre's MGNREGA scheme, it is also the duty of the government to ensure that genuine workers do not suffer the brunt of it.A division bench comprising of Chief Justice T.S. Sivagnaman and Justice Hiranmay Bhattacharya observed,"If in the opinion of the Central...
'Never Resided With In-Laws, Question Of Cruelty Doesn't Arise': Calcutta High Court Quashes Woman's Complaint U/S 498A IPC
The Calcutta High Court yesterday quashed a domestic violence complaint filed by a woman against her in-laws for allegedly trying to strangulate her, upon noting that the parties never resided together.A single-judge bench of Justice Shampa Dutt (Paul) observed that the respondent herself in her Section 164 CrPC statement said she had left her matrimonial home on 20.01.2015, but in her...