Calcutta High Court
Not Reasonable To Expect Taxpayer To Check Every Tab On GST Portal: Calcutta High Court Orders Appeal To Be Heard Despite Delay
The Calcutta High Court has held that where an adjudication order under the GST regime is uploaded on the GST Portal only under the “View Additional Notices and Orders” tab rather than the primary “View Notices and Orders” tab the resulting delay in filing appeal is to be condoned, considering that taxpayers cannot reasonably be expected to check multiple tabs for final...
Arbitration Act | Section 8 Application Not Maintainable Without Written Arbitration Agreement: Calcutta High Court
The Calcutta High Court has dismissed an application filed under Section 8 of the Arbitration and Conciliation Act, 1996, seeking reference of a commercial suit to arbitration. Justice Aniruddha Roy held that since no written arbitration agreement exists between Flint Group India Pvt. Ltd. (plaintiff) and Sujay Lodha (defendant), the mandatory requirement under Section 7 of the Act is...
Essential Commodities Act | Failure To Examine Available Independent Witnesses Casts Doubt On Fairness Of Investigation: Calcutta HC
The Calcutta High Court recently observed that the non-examination of independent witnesses, when they are admittedly present, casts doubt on the fairness and transparency of the investigation.A Single Judge Bench of Justice Prasenjit Biswas made these observations while hearing an appeal against a conviction delivered by a Special EC Court. The appellant had been convicted under...
“Trial Within Trial Not Permitted”: Calcutta High Court Says Co-Defendant Cannot Respond To Counter-Claim By Another Defendant
The Calcutta High Court has held that a co-defendant cannot file a written statement in response to a counter-claim raised by another defendant, ruling that the CPC does not permit such inter se litigation within a single suit.Justice Aniruddha Roy, dismissed an application by the first defendant, KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD (KELTRON), seeking leave to file a...
Calcutta High Court Quashes EPFO Order Denying Higher Pension To Eligible Retirees, Calls It Abuse Of Law
The Calcutta High Court has set aside a series of Employees Provident Fund Organisation (EPFO) orders rejecting joint options for higher pension submitted by employees of exempted establishments. Justice Shampa Dutt (Paul) held that the EPFO acted contrary to Supreme Court rulings and relied on an “illegal” interpretation of Trust Rules to deny benefits.“Such thought process and conduct...
Calcutta High Court Questions State Over Denial Of Auto-Rickshaw Permits On Inactive Bus Routes
The Calcutta High Court recently sought the State's response on the denial of autorickshaw permits in areas where bus permits exist but no buses are currently operating.A Single Judge Bench of Justice Smita Das De was hearing a plea filed by a petitioner aggrieved by an order of the Regional Transport Authority (RTA), Hooghly, which rejected his application for an autorickshaw permit on Route...
Calcutta High Court Sets Aside State Consumer Commission Order Sending Judgment Debtor To Correctional Home For Non-Execution Of Order
Calcutta High Court (“High Court”) bench comprising of Justice Dr. Ajoy Kumar Mukherjee set aside the West Bengal State Consumer Commission (“Commission”) order remanding the petitioner to ten days of judicial custody for failing to comply with directions to hand over the flat, execute the conveyance deed, refund the amount with interest and pay compensation to the homebuyer.The...
Invention Requiring Destruction Of Human Embryos Not Patentable: Calcutta High Court
The Calcutta High Court on Monday upheld the Patent Office's rejection of a patent application on the grounds that the invention involved the destruction of human embryos and was therefore unethical and contrary to public order and morality.A single bench of Justice Ravi Krishan Kapur, affirming the Patent Office's decision to reject the invention under Section 3(b) of the Patents Act,...
Calcutta High Court Clarifies When Possession Of Fake Currency Amounts To 'Trafficking', Rejects Automatic Presumption U/S 489B IPC
A Larger Bench of the Calcutta High Court has held that mere possession of Fake Indian Currency Notes (FICN), regardless of quantity, does not automatically amount to “trafficking”, nor does it justify drawing any statutory presumption against the accused under Section 489B IPC. The Court clarified that mens rea remains central, and the prosecution must independently establish that...
Juvenile Accused Can Seek Anticipatory Bail U/S 438 CrPC: Calcutta High Court
The Calcutta High Court has held that an application for anticipatory bail under Section 438 CrPC is maintainable even when filed by a juvenile/child in conflict with law. The Court concluded that the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJ Act”) does not exclude the operation of pre-arrest bail provisions, and that denying such access would violate the...
Calcutta High Court Cancels “JAY'S” Trademark, Citing Similarity to PepsiCo's “LAY'S”
The Calcutta High Court has recently ordered the cancellation of the registered trademark “JAY'S”, finding it phonetically identical and deceptively similar to PepsiCo's well-known potato chips brand “LAY'S”. A single bench of Justice Ravi Krishan Kapur passed the order on November 10, 2025, while hearing PepsiCo's application under Sections 47 and 57 of the Trade Marks Act,...