Calcutta High Court
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...
Why Did They Sign Off Resolution To Strike Work? Calcutta High Court Seeks Explanation From Office Bearers Of Berhampore Bar Association
The Calcutta High Court on Monday sought explanation from the President, Vice-President and Secretary of Berhampore Bar Association as to why they were signatories to a resolution to strike work which paralysed the courts at Berhampore and denied access to justice to innumerable litigants. The division bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta observed:“It appears the...
Calcutta High Court Refuses To Quash Rape Case Against Man Accused Of Raping 15-Yr-Old In 2016
The Calcutta High Court has refused to quash a POCSO case against a man who is accused of raping a minor girl in 2016. The accused and the victim - who is now a major, are stated to have been in love when the alleged incident took place.The single judge bench of Justice Shampa Dutt (Paul) observed:“The fact of them (accused and victim) being married to other persons does not lessen the...
There Should Be Level Playing Field For All Political Denominations To Hold Public Rallies In State: Calcutta High Court
The Calcutta High Court recently observed that there should be level playing field for all political denominations and ideologies in the State for holding public rallies, gatherings and meetings. The aforesaid observations were made by a single judge bench of Justice Rajasekhar Mantha while hearing a writ petition filed by a BJP leader challenging the decision of the State Police...
State Govt Has No Power To Appoint Or Reappoint Vice-Chancellors Of State Universities: Calcutta High Court Quashes 29 Appointments
In a significant order, the Calcutta High Court has ruled that the State has no authority to appoint, re-appoint, or extend the tenures of Vice Chancellors of the universities in the state of West Bengal.It has further held that the appointment of Vice-Chancellors should be strictly in accordance with the provisions of law. The division bench comprising of Chief Justice Prakash Shrivastava...
YouTuber Dhruv Rathee To Remove 'Targeted' References To 'Real Fruit Juice' From His Video: Calcutta High Court Grants Interim Relief To Dabur
Dhruv Rathee's recent video analyzing the health effects of fruit juices has landed the YouTuber in a legal battle with Dabur, which claims that he specifically disparaged their packaged fruit products 'Real' juice.The Calcutta High Court on Wednesday granted interim relief to the company and directed Rathee to remove the offending portions from the video. Justice Ravi Krishan...
Vande Bharat Stone Pelting Tweets| Calcutta High Court Stays Coercive Action Against TV Today Network, Its Dy Editor Till March 20
The Calcutta High Court on Monday extended its interim order staying any coercive steps against the TV Today Network and India Today's Deputy Editor Indrajit Kundu till March 20, in connection with an FIR lodged against them u/s 153A IPC for making Twitter posts regarding the Vande Bharat Train Stone Pelting incident of January 2023.The order was passed by the bench of Justice Bibek...
Calcutta High Court Issues Direction On Pension Scheme Further To Supreme Court’s Guidelines In EPF Pension Case
The Calcutta High Court has directed that writ petitioners, who were in service as on 01.09.2014 and were also members of the Employees’ Pension Scheme 1995 (‘EPS 1995’) shall be entitled to exercise option which shall cover the pre-amended paragraph 11(3) as also paragraph 11(4) of EPS 1995. The single bench of Justice Raja Basu Chowdhury directed Indian Oil Corporation Limited (‘IOCL’) to jointly exercise such option along with only the eligible employees/writ petitioners as specified in...
Calcutta High Court Criticizes The Approach Of Finance And Banking Companies Unilaterally Appointing The Arbitrator; Refuses To Enforce ‘Unilateral Appointment Award’
The High Court of Calcutta has deprecated the practice of banking and financial institutions unilaterally appointing the arbitrator. It refused to enforce an award passed by an arbitrator that was unilaterally appointed by the petitioner. The bench of Justice Shekhar B. Saraf has held that an arbitration award passed by a unilaterally appointed arbitration is non-est and...
No Pre-Planning, First Time Offenders: Calcutta High Court Commutes Death Penalty In Triple Murder Case
The Calcutta High Court at Jalpaiguri recently commuted the death sentence awarded by the trial court to the convicts in a triple-murder case, to life imprisonment without remission for a period of 30 years,.A division bench of Justice Joymalya Bagchi and Justice Subhendu Samanta observed:“Presence of mitigating factors like lack of criminal antecedents play an important role to opt for a...