Direction For Payment Of Mandatory Pre-deposit Doesn't Constitute 'Order' Within Meaning Of Sec 35G of Central Excise Act: Calcutta High Court

Taking note of Section 35G of the Central Excise Act, the Calcutta High Court clarified that an appeal shall lie to the High Court from “every order” passed in appeal by the Appellate Tribunal, though the maintainability thereof would be dependent on certain statutory limitations. As per Section 35G of Central Excise Act, 1944, an appeal shall lie to the High Court from every...

Child Care Leave Should Be Given To Both Male And Female Govt Employees, Family Responsibilities Must Be Shared By Mother & Father: Calcutta HC

The Calcutta High Court has directed that the benefit of child care benefit must be extended to both male and female employees and family responsibilities must be shared by the mother and the father.In considering the case of a man who had two minor children and had lost his wife a few months ago, a single bench of Justice Amrita Sinha held:"It appears that time has come when the...

BREAKING | Kolkata Doctor Rape-Murder: High Court Transfers Probe To CBI, Says State Police's Investigation Did Not Inspire Confidence

In a breaking development, the Calcutta High Court has transferred the investigation into the brutal rape and murder of a 2nd year PG medical student at Kolkata's RG Kar Hospital, to the CBI.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya were hearing multiple pleas, including one by the parents of the victim seeking transfer of investigation to an...

Calcutta HC Questions State Over Allegations Of Doctor's Rape-Murder On RG Kar Campus Being Registered As Suicide, Directs Principal To Go On Long-Leave

The Calcutta High Court on Tuesday heard multiple pleas over the brutal rape and murder of a 2nd Year PG student at the RG Kar Medical College and Hosptial campus after she had finished her midnight rounds and gone to rest in the campus's seminar hall. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya questioned the state government after allegations were...

BREAKING | PIL In Calcutta High Court Over Brutal Rape & Murder Of PG Medical Student On College Campus, Flags Faulty Probe By State Police

A public interest litigation has been moved before the Calcutta High Court over an incident of brutal rape and murder of a 2nd-year post-graduate medical student, who was found dead in RG Kar Medical College & Hospital's seminar hall, where she was resting after completing her night duty in the early hours of the morning.The plea was mentioned before a division bench of Chief Justice...

[S.306 IPC] Momentary Disagreement Leading Person To Resort To Extremities Cannot Be Termed As Abetment To Suicide: Calcutta High Court

The Calcutta High Court has recently quashed a case for abutment to suicide against a wife who was alleged of inducing her husband to commit suicide by failing to inform him of her previous marriage,In quashing the charges against her, a single bench of Justice Ananya Bandopadhyay held:Human psychology and mental state cannot be generally equated which varies from person to person. Egregious...

Calcutta High Court Weekly Round-Up: 05th August To 11th August, 2024

Nominal IndexNandalal Verma Vs. The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 181Hire-Purchase Agreement | Bank Need Not Re-Issue Vehicle's Registration Certificate After Sale Due To Default By Registered Owner: Calcutta HCCase: Nandalal Verma Vs. The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 181The Calcutta High Court has held that in...

[S.3(2) Trademarks Act] Associate Managers In Trademark Registry Not Empowered To Pass Quasi-Judicial Orders: Calcutta High Court

The Calcutta High Court has held that associate managers appointed under Section 3(2) of the Trademarks Act cannot pass quasi-judicial orders since they were not empowered to do so by virtue of their appointment as contractual employees.A single bench of Justice Krishna Rao held:The Registrar dealing with an application under the Trade Marks Act is a quasi judicial and delegation of power...

Calcutta High Court Monthly Digest: July 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...

Hire-Purchase Agreement | Bank Need Not Re-Issue Vehicle's Registration Certificate After Sale Due To Default By Registered Owner: Calcutta HC

The Calcutta High Court has held that in hire-purchase agreements where a bank repossesses a vehicle and re-sells it due to a default by the vehicle's registered owner, the bank cannot be compelled to re-issue the vehicle's certificate of registration under Section 51(5) of the Motor Vehicles Act (MV Act).A single bench of Justice Rai Chattopadhyay held:"Court finds that the petitioner or...

Calcutta High Court Weekly Round-Up 29th July To 02nd August 2024

NOMINAL INDEXSubhash Tiwari & Anr. Vs. The State of West Bengal & Anr Citation: 2024 LiveLaw (Cal) 178The State Of West Bengal Vs Bijan Behari Chowdhury 2024 LiveLaw (Cal) 179M/S. HOOGHLY BUILDING & INVESTMENT COMPANY LIMITED AND ANOTHER VERSUS THE STATE OF WEST BENGAL AND OTHERS Citation: 2024 LiveLaw (Cal) 180Calcutta HC Declines To Quash Case Against Man Who Allegedly...

Calcutta High Court Detains Panamanian Ship For Alleged Supply Of Damaged Goods, Orders Deposit Of ₹7 Crores For Its Release

The Calcutta High Court in an urgent hearing on Saturday evening, directed the detention of a vessel bearing the flag of Panama, namely M.V. PH GIANG MINH for the alleged supply of damaged goods in an admiralty suit by Emami Paper Mills Limited.The order was passed by a single bench of Justice Arindam Mukherjee.It was claimed that the the plaintiff purchased 8000 MT of Bleached Hardwood,...