Letter By Joint Secretary Can't Override Plain And Unambiguous Provision Of Income Tax Act, 1961 And Finance Act: Calcutta High Court

The Calcutta High Court has held that the letter by the joint secretary cannot override the plain and unambiguous provisions of the Income Tax Act, 1961, and the Finance Act.The bench of Justice Surya Prakash Kesarwani and Justice Rajarshi Bharadwaj has observed that the letter of the Joint Secretary merely informs that “the matter has been looked into and the board is of the opinion that...

Retraction After A Period Of 3 Years And 9 Months Was Rightly Rejected By Commissioner Of Appeals: Calcutta High Court

The Calcutta High Court has held that the alleged retraction on the grounds of the appeal filed before the Commissioner after a period of three years and nine months was rightly rejected by the Commissioner of Appeals.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that the confessional statement of the accused, if found to be voluntary, can form...

Time Spent From Award Correction And Delivery Of Signed Copy Of Order Should Be Excluded From The Period Of Limitation: Calcutta High Court

The Calcutta High Court bench of Justice Hiranmay Bhattacharyya held that the starting point of limitation for setting aside an award in a case where a request under Section 33 of the Arbitration Act is made is the date of disposal of such request. The bench held that the time spent from the date of disposal of such request till the signed copy of the order is delivered to the...

Calcutta HC Temporarily Stays Proceedings Against Raj Bhavan Staff Accused Of Restraining Fmr Employee From Complaining Against Governor For Alleged Molestation

The Calcutta High Court has temporarily stayed a probe by the West Bengal police against the Officer on Special Duty to the Governor (OSD) and other Raj Bhavan staffers who were accused of wrongful restraint by a former employee who had accused Governor CV Ananda Bose of molestation.The complainant had alleged that the accused/petitioners had restrained her in a room of the Raj Bhavan,...

Filing Information In Sealed Covers For Enforcement Of Arbitral Award Is Contrary To Natural Justice: Calcutta High Court

The Calcutta High Court bench of Justice Ravi Krishan Kapur held that the procedure of filing information in sealed covers for enforcement of arbitral award is contrary to the basic process of justice. It held that the concept of sealed covers also makes serious inroads into the principle of natural justice and fairness. The bench held that: “If the respondent was in the...

Calcutta High Court Temporarily Restrains WB Police From Probing Allegations Of Firearms & Cash Found At BJP Leader Suvendu Adhikari's Secy's Premises

The Calcutta High Court has restrained the West Bengal police from investigating complaints of firearms and large sums of cash allegedly found at the residence-cum-office of BJP leader of opposition Suvendu Adhikari, which was in the name of his personal secretary.A single bench of Justice Amrita Sinha stayed the police's investigation till 17th June based on a coordinate bench's order which...

Calcutta High Court Directs POSH Committee To Reconsider WBNUJS Professor's Allegation Of Sexual Harassment Against Vice-Chancellor

The Calcutta High Court has directed the local committee, 24-Parganas (North), constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short, the Act of 2013) ("POSH Committee") to reconsider a complaint by a professor of NUJS Kolkata, accusing the University's Vice-Chancellor ('VC') of sexual harassment. The POSH Committee in...

BREAKING | Calcutta High Court Cancels OBC Certificates Issued In West Bengal After 2010, Scraps OBC Classification Of 77 Communities

The Calcutta High Court on Wednesday cancelled all Other Backward Classes (OBC) certificates issued in West Bengal after 2010. The Court clarified that those who had attained employment on the benefit of the act and were already in service because of such reservation would not be affected by the order.A division bench of Justices Tapabrata Chakraborty and Rajasekhar Mantha delivered the...

[Lok Sabha Elections] Calcutta High Court Dismisses BJP's Appeal Against Order Restraining It From Running Allegedly Derogatory Ads Against TMC

The Calcutta High Court has dismissed an appeal by Bharatiya Janata Party (BJP) against an order by a single judge which restrained it from printing certain allegedly derogatory advertisements against the Trinamool Congress (TMC) which violated the model code of conduct during the Lok Sabha Elections, 2024.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya...

Calcutta High Court Weekly Round-Up 13th May To 19th May, 2024

NOMINAL INDEXBadal Kumar Mandal vs. Chairman Indian Museum Board Of Trust And Ors. 2024 LiveLaw (Cal) 117Malda District Central Cooperative Bank Employees Association and others Vs. The Election Commission of India and others 2024 LiveLaw (Cal) 118Rita Ghoshdastidar v. St. Joseph & Mary's School and Ors. 2024 LiveLaw (Cal) 119MFAR Constructions Private Limited vs Bengal Shristi...

Belonged To RSS From Childhood To Youth, Ready To Go Back: Justice Chitta Ranjan Dash Bids Farewell To Calcutta High Court

The Calcutta High Court on Monday bid farewell to Justice Chitta Ranjan Dash in a full-court reference.Justice Dash graduated in Law from Madhu Sudan Law College, Cuttack in the year, in 1985. Obtained Degree of LL.M. as a Non-collegiate candidate in Utkal University.He enrolled as an Advocate in 1986 and joined the service in the Cadre of Orissa Superior Judicial Service (Senior Branch) as...

[Lok Sabha Elections] Calcutta High Court Restrains BJP From Running Advertisements Against TMC Which Violated Model Code Of Conduct, Slams ECI For Inaction

The Court clarified that during elections the print media shall refrain from publishing any unverified information against any candidate or political party either directly or impliedly as per guidelines issued by the Press Council of India.