Calcutta High Court
Breaking | WB Panchayat Elections: Calcutta High Court Directs State Election Commission To Requisition Central Forces For All Districts Within 48 Hours
The Calcutta High Court has directed the West Bengal State Election Commission to requisition central forces for all districts in West Bengal within 48 hours for the 2023 Panchayat Elections.A division bench of Chief Justice Sivagnaman and Justice Uday Kumar passed the order in a plea filed by Leader of Opposition in West Bengal, Suvendu Adhikari.The bench noted that a direction for...
WB State Election Commission Prima Facie Trying To Make Order On Panchayat Elections 'Unworkable': Calcutta High Court Warns Of Contempt
The Calcutta High Court today warned the State Election Commission of contempt action for its alleged failure to implement court's order on panchayat elections in the State, including a direction for identification of sensitive areas and deployment of central forces.A bench headed by Chief Justice Sivagnaman expressed displeasure at the SEC after BJP's Suvendu Adhikari mentioned an urgent...
Can't Interdict Election Process: Calcutta High Court Refuses To Entertain Writ Petition Against Rejection Of Nomination In ICAI Elections
The Calcutta High Court on Wednesday dismissed a Writ Petition filed by a member of the Institute of Cost Accountants of India (ICAI), Ahmedabad chapter, contesting the rejection of his nomination for elections to the Council of the ICAI. In dismissing the appeal, a division bench of Chief Justice Sivagnaman and Justice Hiranmay Bhattacharya allowed the petitioner liberty to approach the...
Violates Fundamental Right To Trade: Calcutta High Court On State Commission's Order Fixing Treatment Rates For Private Hospitals
The Calcutta High Court has held that a number of Advisories and an Order issued by the West Bengal Clinical Establishment Regulatory Commission (“Commission”) for fixation of rates and charges by Clinical Establishments (“CEs”) from patients in the State, were without any statutory backing and thereby violated the Fundamental Right to Trade of the CEs under Article 19(1)g of...
WB Panchayat Elections: Calcutta High Court Says Police To Render Assistance If Candidates Complain Of Being Prevented From Filing Nominations
A single-judge bench of Justice Rajasekhar Mantha of the Calcutta High Court has allowed a petition on behalf of prospective candidates in the forthcoming three Panchayat elections, praying for police protection to file nomination papers. Earlier, a division bench of Chief Justice Sivagnaman and Justice Hiranmay Bhattacharya had expressed their inability to extend the date for filing...
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...