Service Tax Liability Cannot Be Fastened On Implementation Of Govt Projects: Calcutta High Court

The Calcutta High Court has held that construction of canals/ pipelines/ conduits to support irrigation, water supply or for sewerage disposal, when provided to the Government, cannot be exigible to service tax. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya relied on two Circulars issued by the Central Board of Indirect Taxes and Customs...

Alimony Must Be Commensurate With Status Of Spouses, Wife's Meagre Financial Requirements No Grounds To Restrict Amount: Calcutta High Court

The Calcutta High Court has held that the alimony sought for and granted to a spouse must be commensurate with the actual status and necessities of the spouses and merely because the wife had meagre financial means would not be a justification to restrict the amount granted.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held:In the present case, if we go by the monthly...

[Arbitration Act] Section 8 Application Must Be Filed Before Or Simultaneously With Written Statement: Calcutta High Court

The Calcutta High Court Bench of Justice Sabyasachi Bhattacharyya and Justice Subhendu Samanta held that when no application for reference to arbitration under Section 8 of the Arbitration Act is made by either party, the civil court may very well entertain the suit and proceed with the adjudication of the same on merits in accordance with law. Also, the court held that the...

Plea In Calcutta High Court Seeks Probe Into Death Of Patient Due To Supply Of Allegedly 'Contaminated Saline'

A public interest litigation has been mentioned in the Calcutta High Court regarding the supply of 'contaminated saline' to hospitals in the State.The matter will be taken up by a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya.Counsel for the petitioners stated that on 22nd March 2024, the government of Karnataka had flagged a company for giving...

Calcutta High Court Declines APDR's Plea Challenging Denial Of Permission To Put Up Stall At 2025 International Book Fair

The Calcutta High Court has dismissed a plea by the Association for Protection of Democratic Rights (APDR) challenging the decision by the Editors and Publishers Guild, denying them permission to put up a stall at the 2025 Kolkata Book Fair.Justice Amrita Sinha held that a writ challenge would not be maintainable against the Guild, which was a private body.The petitioners stated that they...

'Wife Is Employed, Already Paid ₹32 Lakhs By Husband': Calcutta High Court Sets Aside Wife's Interim Maintenance

The Calcutta High Court on Friday set aside an order for payment of interim maintenance amounting to Rs 80,000 per month, granted by the trial court in favour of a wife. Justice Suvra Ghosh noted the wife had already been paid Rs 32 lakhs by the husband, earlier, under a memorandum of understanding and that she was also employed herself.Thus, in setting aside the order for interim maintenance...

Calcutta High Court Allows Rally Protesting Against Alleged Illegal Commercial Use Of Zoo Land By State Govt

The Calcutta High Court has allowed a protest to be conducted against the allegedly illegal use of zoo land by the state government. The petitioner sought to conduct a rally between the National Library and Rabindra Sadan to protest against the same with about 1500 participants.It was submitted that although permission was sought from the police, there was no response to the same.Counsel for...

Calcutta High Court Annual Digest: Part-II [Citations: 100-199]

Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High CourtCase Title: RKD Niraj JV & Ors v. Union of India & Ors, WPO No. 173 of 2024 Citation: 2024 LiveLaw (Cal) 100The High Court of Calcutta has held that constitution of arbitral tribunal is not a bar on a party's right to approach Section 9...

Association For Protection Of Democratic Rights Approaches High Court Challenging Denial To Participate In Kolkata Book Fair

The Association For Protection Of Democratic Rights has approached the Calcutta High Court challenging the denial of permission to it for participating in the 2025 Kolkata Book Fair by the organisers.The plea will be heard by Justice Amrita Sinha.The petitioners have stated that they have consistently exhibited at the International Kolkata Book Fair. Accordingly, they submitted an application...

Calcutta High Court Seeks Police's Report On Progress Of Probe Into Sandeshkhali Gang Rape Case

The Calcutta High Court on Wednesday directed the police authorities to submit their report on the progress into the probe on an incident of gang rape in Bengal's Sandeshkhali.Justice Jay Sengputa directed the police to file their report by 13th January, on a plea claiming that no action had been taken even after the rape case was filed and that the accused were roaming free in the...

Calcutta High Court Orally Warns Woman Against Using Child To Get 'Leeway' In Matrimonial Dispute Against Husband

The Calcutta High Court has orally warned a mother from using her child as 'a handle' to get leeway in a pending matrimonial dispute against her husband.A division bench of Justices Sabyasachi Bhattacharya and Subhendu Samanta rebuked the counsel for the wife and stated that if she continued to use her child as "a pawn" in the proceedings, the court would grant custody to the father...

Employee's Service In NTPC School, Approved By West Bengal Board , Must Be Considered For Pension: Calcutta HC

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that the employee's service at NTPC High School (7th April 1993 to 4th July 2002), though in a recognized unaided institution, must be considered for pensionary benefits as it was approved by the West Bengal Board of Secondary Education, Government of West Bengal. Background...