Calcutta High Court
Facilitation Council Has Exclusive Jurisdiction To Arbitrate Claims After The Supplier’s Registration Under The MSMED Act: Calcutta High Court
The Calcutta High Court has ruled that the date of execution of a contract between a buyer and a supplier under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) is irrelevant for the application of the provisions of the said Act. The Facilitation Council would have exclusive jurisdiction to decide on the reference, and to take up the dispute/ refer the same...
AO Has Reduced The Procedure To An Empty Formality, To Be Deprecated: Calcutta High Court
The Calcutta High Court had quashed the Assessment Order and held that the assessing officer has reduced the procedure to an empty formality, which has to be deprecated.The division bench of Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that the first 21 pages of the assessment order are a verbatim extract of the show cause notice. On pages nos.22 and 23 in...
Calcutta High Court Directs Removal Of Dhruv Rathee's Fruit Juice Video After Non-Compliance Of Interim Order In Dabur's Plea
The Calcutta High Court ordered to remove and restrain the access of the Dhruv Rathee’s video which made reference to the Dabur’s product ‘Real’ fruit juice, from all the URL/Web links of social media platforms such as Facebook, Youtube, Instagram etc. on the ground that despite the court’s order to remove the offending portions of the video, it continued to be aired and...
S.23 Senior Citizens Act | Subsequent Undertaking By Transferee To Provide Basic Amenities Can Be Considered Part Of Transfer Deed: Calcutta High Court
The Calcutta High Court recently upheld an order of the Maintenance Tribunal which allowed an octogenarian transferor to revoke the gift deed made in favour of the transferee on the ground that the transferee harassed and failed to provide maintenance to the transferor, contrary to the specific undertaking given by the transferee. The single judge bench of Justice Moushumi...
Calcutta High Court Commutes Death Penalty Of Man Convicted For Murdering Parents, Awards Life Imprisonment Without Remission
The Calcutta High Court on Monday commuted a death row prisoner's sentence to life imprisonment till natural life without remission. The man last year was awarded a death sentence by the trial court for murdering his parents.The division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi said:“The Constitutional Court can award a life sentence without any remission. This aspect...
Assisted Reproductive Technology Act Appears To Have Discounted Relevance Of Male Counterpart In ART Process: Calcutta High Court
The Calcutta High Court on Monday observed that the omission under the Assisted Reproductive Technology (Regulation) Act, 2021 to treat a 'commissioning couple' as a separate unit coupled with the omission to prescribe an age for a 'gamete donor' leads to the argument that a woman’s age is the only relevant factor for a commissioning couple for availing of ART services.While hearing a...
Calcutta High Court Grants Interim Relief To Couple Denied IVF Citing Age Bar In Assisted Reproductive Technology Act, Orders Preparation Of Embryo
The Calcutta High Court on Friday granted interim relief to a married couple who was denied IVF (In vitro Fertilization), citing the age bar for couples under Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021.The provision mandates a man to be aged above 21 years and below 55 years for being eligible for assisted reproductive technology services. The upper age limit...
S.167(5) CrPC | Magistrate Can't Issue Automatic Order Without Anything Else To Stop Investigation Upon Expiry Of Six Months: Calcutta High Court
The Calcutta High Court on Thursday held that under Section 167(5) of CrPC, there cannot be an automatic order issued by a magistrate, without anything else, to stop further investigation on expiry of six months from the date of arrest.The single judge bench of Sugato Majumdar observed:“Section 167 (5) of CrPC unequivocally states that the Magistrate can stop investigation on contingency...
Article 311 Constitution Not Applicable To Armed Force: Calcutta High Court Refuses To Interfere With BSF Constable's Dismissal
The Calcutta High Court on Monday refused to interfere with the dismissal order of a BSF Constable who overstayed his leave, on the ground that Article 311 of the Constitution is applicable only to the holders of civil posts and not to the members of the Armed Forces. Article 311 lays down ground rules for dismissal, removal or reduction in rank of persons employed in civil capacities under...
Calcutta High Court Quashes Income Tax Notices Issued In The Name Of Non-Existing Company
The Calcutta High Court has quashed the income tax notice issued in the name of a non-existing company, in spite of the department having notice and knowledge of non-existence of the company.The single bench of Justice Md. Nizamuddin observed that the notice has been issued in the name of the company, which has already been amalgamated on December 12, 2016 with effect from April 1, 2015, and...
Calcutta High Court Refuses To Recall Order Dismissing Commercial Suit Over Non-Appearance, Says Advocate Duty Bound To Make Alternative Arrangement
The Calcutta High Court on Monday refused to recall its order of dismissal of a commercial suit and interlocutory application on the ground that plaintiff had not been diligent in proceeding as it did not appear before the court for three months after filing of the suit. The single judge bench of Justice Ravi Krishan Kapur observed:“No litigant is relieved of his or her duties and...
Temperament Basic Attribute Of Judges, Can't Project Ill-Feelings Towards Litigants, Law Enforcing Agencies: Calcutta High Court
The Calcutta High Court at Jalpaiguri recently quashed an order of Judicial Magistrate which directed a Police Officer to appear personally before his Court to file show-cause as well as execution report of a warrant of arrest against a medical officer, failing which he shall be liable to face penal consequences. While quashing the order, the single judge bench of Justice Bibek...