Calcutta High Court Sets Aside Prohibitory Orders, Allows Junior Doctors To Stage Protest Near 'Durga Puja Carnival'

The Calcutta High Court has set aside prohibitory orders imposed under sections 163 (1) and (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, by the commissioner of police, Kolkata These orders were imposed to prevent the assembly of junior doctors, from protesting the brutal rape and murder of a trainee doctor at RG Kar medical college and Hospital, near the area where the...

Deduction U/S 80-IA Is Eligible For Industrial Undertakings Even If Infrastructural Development Is Performed With State's Nodal Agency: Calcutta HC

The Calcutta High Court recently confirmed the deduction u/s 80IA(4) to an Infrastructural development company, regarding development of a mechanised port handling system by entering into an agreement with a nodal agency recognised by the Andhra Government. The Division Bench comprising Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya observed that deduction u/s...

Calcutta High Court Calls For State's Report On Fatal Coal Mine Blast In Birbhum District

The Calcutta High Court vacation bench has called for a report from the state government on the blast at a coal mine in Birbhum district, leaving several coal miners dead, and injuring others.A division bench of Justices Tirthankar Ghosh and Uday Kumar directed the state to furnish a report on the explosives used in the blast, the progress of the investigation, as well as the forensic report,...

Calcutta High Court Quarterly Digest: July To September 2024

NOMINAL INDEXGOPA DAS VS STATE OF WEST BENGAL AND ORS 2024 LiveLaw (Cal) 153Arabul Islam vs The State of West Bengal 2024 LiveLaw (Cal) 154M/s. Asian Hotels (East) Ltd. & Anr. Versus The Deputy Commissioner of State Tax & Ors. 2024 LiveLaw (Cal) 155M/S. B.B.M. Enterprises Vs State Of West Bengal And Ors. 2024 LiveLaw (Cal) 156M/s. Araha Hospitality Private Limited vs. Indian...

Calcutta High Court Reaffirms Discretion Of Tendering Authority And Restricted Judicial Interference Upon Tender Qualifications

A Single Bench of the Calcutta High Court presided by Justice Shampa Sarkar dismissed a writ petition filed by a bidder challenging its rejection in the technical evaluation round by the tendering authority Damodar Valley Corporation ('DVC').The subject tender dated 6.03.2024 was for empanelment of transportation agencies for evacuation of 40 LMT ash from ash ponds at DVC's Mejia Thermal...

Calcutta High Court Grants Bail To Nine Detained For Allegedly Raising 'Anti-Establishment' Slogans At Durga Puja Pandal

The Calcutta High Court has granted bail to nine youths, who were arrested for allegedly raising anti-establishment slogans and placards outside a Durga Puja pandal in Kolkata's Rabindra Sarovar area.A single bench of Justice Shampa Sarkar released the detained protestors while directing them to not cause disturbance or raise slogans within 200 metres of any puja pandals across the...

Arbitral Tribunal Acted With Patent Illegality, Against Indian Law In Awarding Reimbursement Of Service Tax Along With Interest: Calcutta High Court

The Calcutta High Court Bench of Justice Sabyasachi Bhattacharyya observed that award passed by Arbitral Tribunal was tainted with patent illegality and contravened the fundamental policy of Indian law. The award was challenged under section 34 of the Arbitration and Conciliation Act (act). The court set aside the award in which South Eastern Railway (railway) was directed to reimburse...

Calcutta High Court Takes Suo Motu Cognisance Of Matters Concerning Prisoners With Mental Illness And Mental Disabilities In Bengal

The Calcutta High Court bench of bench of Justices Joymalya Bagchi and Gaurang Kanth is currently hearing a matter on the state of mental health care and treatment facilities and services in prisons in West Bengal, and the condition of prisoners with mental illness and disabilities including prisoners found unfit to stand trial. The hearings in The Court on its Own Motion: In re: UTP Dipak...

Bring West Bengal AIIMS At Par With AIIMS Delhi: Calcutta High Court Tells Centre Over Lack Of Post-Mortem Facilities

The Calcutta High Court on Tuesday commented that the All India Institute of Medical Sciences (AIIMS) in Kalyani, West Bengal, should be brought up to the standard of the AIIMS in Delhi or Rishikesh.A single bench of Justice Tirthankar Ghosh made these observations while hearing a plea wherein he had directed the post-mortem of a minor girl who was raped and murdered in Bengal's Jaynagar area,...

Calcutta High Court Calls For Affidavits From Centre, State In Plea Over Payment Of Unemployment Allowance To MGNREGA Workers, Resumption Of Work

The Calcutta High Court has called for a response from the State and Central governments over a tiff in the release of funds, which led to the non-payment of several daily-wage labourers under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in West Bengal.A division bench of Chief Justice TS Sivagnanam and Justice Bivas Pattanayak was hearing a plea by the Paschim Banga...

S.107 CGST Act | Appellate Authority Cannot Suo Moto Enhance Tax Liability: Calcutta HC

The Calcutta High Court recently set aside an order of the GST Appellate Authority, suo motu enhancing tax liability on an assessee, without following the procedure under Section 107(11) of the CGST/ WBGST Act.Section 107 of the Act prescribes procedure for filing and adjudication of appeals by the Appellate Authority. Sub-section 11 thereof stipulates that the Appellate Authority can...

Calcutta High Court Stays Eviction Order Against 'Adivasi' Families For Alleged Encroachment On Highway Land

The Calcutta High Court has imposed a status quo against the removal of Adivasi families who were allegedly encroaching on Highway land. The order was passed by Justice Aniruddha Roy.The petitioners challenged an order dated September 10, 2024, issued by the district magistrate (appellate authority) upholding the eviction order passed by the subdivisional magistrate against Adivasi families...