Calcutta High Court
Employee Moving To Another Cadre Can't Later Claim Regular Promotion In Former : Calcutta High Court
A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas held that the employee who availed Career Advancement Scheme and subsequently left the cadre cannot claim regular promotion benefits granted later to Bhumi Sahayak cadre. Background Facts The petitioner was appointed as a Bhumi Sahayak in 1984. After completing ten years...
Calcutta High Court Quashes Regularisation Of 313 Volunteer Teachers Under Gorkhaland Territorial Administration, Calls Appointments Illegal
The Calcutta High Court has set aside and quashed the regularisation and state approval of 313 volunteer teachers appointed under the Gorkhaland Territorial Administration (GTA), holding that their appointments were illegal.Justice Biswajit Basu observed that the state failed to justify the recruitment process and that the approvals given could not withstand judicial scrutiny.The issue...
Messi India Tour | Calcutta High Court To Hear PILs Seeking CBI, ED, SFIO Probe Into Chaos At Salt Lake Stadium
The Calcutta High Court will hear multiple public interest litigations (PILs) seeking an investigation by central agencies — including the Central Bureau of Investigation (CBI), Enforcement Directorate (ED) and Serious Fraud Investigation Office (SFIO) — into the massive chaos and vandalism that erupted at Salt Lake Stadium during an event featuring Argentine football legend...
Mere Smell Of Alcohol In Post-Mortem No Grounds To Deny Compensation To Heirs Of Deceased Accident Victim: Calcutta High Court
The Calcutta High Court has held that the mere presence of an alcoholic smell in the stomach of a deceased accident victim, as noted in the post-mortem report, cannot be a ground to deny compensation to the legal heirs under the Motor Vehicles Act, 1988.Justice Biswaroop Chowdhury, while dismissing an appeal filed by The New India Assurance Co. Ltd., affirmed an award of compensation granted...
GST | CBIC Circulars Cannot Shield Dubious Transactions; Must Operate Within Statutory Framework: Calcutta High Court
The Calcutta High Court held that CBIC (Central Board of Indirect Taxes & Customs) circulars are binding on departmental officers but cannot be used as a protective shield in cases where the genuineness of the transaction or invoices is in doubt. Justice Om Narayan Rai stated that it cannot be doubted that a circular issued by the Central Board of Indirect Taxes & Customs...
Invalid Pension To Medically Discharged Defence Staff, 10-Year Service Minimum Not Applicable: Calcutta HC
A Division Bench of the Calcutta High Court comprising ACJ Sujoy Paul and Justice Partha Sarathi Sen held that Invalid pension is payable for medical discharge regardless of minimum service of 10 years if the disability is permanent. Background Facts The respondent had served in the Indian Army as a Sepoy from 1985 to 2009. He was discharged with pension upon completion of...
Power To Extend Mandate Of Arbitrator Appointed By HC Rests Exclusively With High Court: Calcutta High Court
The Calcutta High Court dismissed a revisional application filed by Cosmic MAPL JV challenging the Commercial Court's refusal to extend the mandate of an arbitrator under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Justice Shampa Sarkar held that in cases where the referral court is the High Court under section 11, it also...
Writ Petition Filed To Bypass Pre-Deposit Requirement Under MSMED Act Is Not Maintainable: Calcutta High Court
The Calcutta High Court dismissed a petition filed under Article 227 of the Constitution challenging an award passed by the West Bengal Micro & Small Enterprises Facilitation Council (MSEFC), holding that the petition was not maintainable and was filed to evade pre-deposit requirement under section 19 of the MSMED Act, 2006. Justice Hiranmay Bhattacharyya held that the...
Calcutta High Court Acquits Man In 2013 Murder Case; Says Prosecution Evidence Riddled With 'Irreconcilable Contradictions'
The Calcutta High Court set aside the conviction and life sentence imposed on Babai Sk. @ Papai Sk. in a 2013 murder case, holding that the prosecution failed to establish the charges beyond a reasonable doubt.A Division Bench comprising Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta allowed the appeal and acquitted the appellant of all charges under Sections 302, 307, 324 and 326 of...
Calcutta High Court Injuncts Two Baidyanath Chyawanprash Ads on Dabur's Plea, Says Edits Cannot Cure Disparagement
The Calcutta High Court has barred Shree Baidyanath Ayurved Bhawan Pvt. Ltd. from using two chyawanprash advertisements after holding that removing a single claim about ingredient count would not eliminate the overall disparaging portrayal of rival brands, including Dabur India Limited. A division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi delivered the decision on...
Income Tax | Reassessment Cannot Be Initiated On Identical Survey Material Already Accepted In Earlier Proceedings: Calcutta High Court
The Calcutta High Court held that reassessment under Section 148 of the Income Tax Act is impermissible when it is based on the same survey material that the Assessing Officer (AO) has already examined and accepted in earlier proceedings. Justice Om Narayan Rai stated that the reassessment proceeding is clearly impermissible………It would be a clear case of “change...
Appellate Authority Must Consider Cess-Disclosure In Annual Return, 'No Negative Mandate' For Late-Filing: Calcutta High Court
The Calcutta High Court in a matter concerning non-disclosure of Cess in monthly return GSTR-3B which came to be rectified by filing annual return in GSTR-09, has set aside appellate order. The High Court has directed the Authority to revisit the matter and consider subsequent rectification in GSTR-09 of initial error of non-disclosure. In an order dated November 26, 2025 the...