Why Was SIT Probe Into Ex-RG Kar Principal Initiated Only After Death Of Resident Doctor Despite Earlier Complaints? Calcutta HC Asks State

The Calcutta High Court on Wednesday questioned the state government on why a special investigating team (SIT) probe into former RG Kar College & Hospital principal Dr Sandip Ghosh was only initiated after the rape-murder incident of a resident doctor working at the hospital.A single bench of Justice Rajarshi Bharadwaj was dealing with a plea by former RG Kar Deputy Superintendent Akhtar...

Failure To Comply Provision Of Sec 75(4) Of CGST Act 2017 Vitiates Entire Order: Calcutta High Court

The Calcutta High Court held that failure to comply with statutory provision which mandates consideration of explanation on the part of assessee before passing adverse order, vitiates such order. The High Court held so while considering that the petitioner was prevented from filing his response to the show cause notice, due to a reasonable cause. Referring to Section 75(4) of...

Commercial Division Of High Court Can Hear Applications And Appeals Under The Arbitration And Conciliation Act, 1996 Filed On Original Side: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that even if an application or appeal under the Arbitration and Conciliation Act, 1996 relating to a commercial dispute is filed on the Original Side of the High Court, the same can be heard and disposed by the Commercial Division of the High Court. The bench held that: “The language used in Section 10(2)...

"Mismanagement Of Dead Bodies, Reselling Biomedical Waste": Ex-RG Kar Dy Superintendent Moves Calcutta HC Against Former Principal Sandip Ghosh

Former Deputy Superintendent at RG Kar Medical College and Hospital, Akhtar Ali has moved the Calcutta High Court against former principal Dr Sandip Ghosh, alleging serious illegalities committed by the former principal.In his plea Ali alleges that Ghosh started serious illegalities as such mismanagement of dead bodies, reselling biowaste in the open market, misutilization of public funds...

Calcutta High Court Declines To Issue Gag Order In Former RG Kar Principal Dr Sandip Ghosh's Plea Alleging Media Trial

The Calcutta High Court has refused to issue an order restraining media outlets from broadcasting news about former RG Kar principal Dr Sandip Ghosh, in a plea by the ex-principal alleging 'media trial.'A single bench of Justice Shampa Sarkar declined Ghosh's plea while cautioning the media to avoid 'animated dramatization' and publish objective news instead of subjective opinion. The...

RG Kar Hospital Rape-Murder: Plea In Calcutta High Court Flags State Govt's SIT Probe Into Ex-Principal, Calls It An "Eyewash"

The Calcutta High Court on Wednesday took up a matter on the incident of rape and murder of a resident doctor at RG Kar medical hospital in Kolkata. The incident was followed by widespread vandalism of the hospital which occurred on a night of protest against the incident on 14th August.Earlier, the High Court had transferred the probe into the rape and murder to the CBI. Subsequently, the...

No Independent Dispute Redressal Institution Recognised By Government In Kolkata, Parties Should Approach Court Under Section 11 For Appointment Of Arbitrator: Calcutta High Court

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that SAMA, an Online Dispute Resolution (ODR) platform, is not an independent Dispute Redressal Institution duly recognized by the Government of India in Kolkata. Therefore, the bench held that party should approach the court for the appointment of an arbitrator in view...

Calcutta High Court Weekly Round-Up: August 12 To August 18, 2024

Nominal IndexVisa International Ltd. v Visa International Service Association & Anr. Citation: 2024 LiveLaw (Cal) 182Joyeeta Saha & Anr. -Vs- The State of West Bengal Citation: 2024 LiveLaw (Cal) 183Md. Abu Raihan v State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 184Sashreek Constructors Private Limited vs. Customs, Excise and Service Tax Appellate Tribunal Citation...

West Bengal Customs Commissioner Has Jurisdiction Over West Bengal And Sikkim: Calcutta High Court Upholds Seizure

The Calcutta High Court has upheld the seizure and held that the Commissioner of Customs (Preventive), West Bengal, has jurisdiction over the whole of the States of West Bengal and Sikkim.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that if the Commissioner of Customs (Preventive), West Bengal, exercises jurisdiction over the whole of the States...

GST Registration Shall Not Be Cancelled For Non-Filing Of Returns If Taxpayer Is Not Found Adopting Dubious Process To Evade Tax: Calcutta High Court

While pointing out that the suspension/ revocation of license would be counterproductive and works against the interest of the revenue, the Calcutta High Court clarified that assessee in such a case would not be able to carry on his business in the sense that no invoice can be raised by the assessee and ultimately would impact recovery of tax. Single Bench of Justice Raja Basu...

PUCL Moves High Court Over Rape-Murder Of Trainee Doctor At Kolkata Hospital, Seeks State's Report On Compliance With POSH Norms

The People's Union For Civil Liberties (PUCL) has approached the Calcutta High Court over the incident of the brutal rape and murder of a 2nd year PG Medical student on the RG Kar College and Hospital campus in Kolkata after she had finished her night shift.The petition moved by Advocate Jhuma Sen prays for a court-monitored investigation into the brutal rape and murder and seeks a...

BREAKING | "Failure Of State Machinery": Calcutta High Court Questions Lack Of Security Measures To Curb Vandalism At RG Kar Hospital

In a breaking development, the Calcutta High Court has questioned the lack of preventive measures to curb the large-scale vandalism and violence which occurred at RG Kar Hospital in Kolkata on the night of 14th August.The State submitted that the police put up resistance, but were overwhelmed by the 5000-7000 strong mob who broke through barriers and inured several policemen.In noting that...