Provisions Of Section 148 Under Old Regime Including TOLA Can't Be Applied To New Regime: Calcutta High Court

The Calcutta High Court has held that if the provisions of the old regime of Section 148 of the Income Tax Act, including Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA), are read into or applied to the new regime applicable from 01.04.2021, it would also necessarily mean that a provision repealed by the Parliament without any savings and exception...

Arbitration Can't Be Inferred From Parties' Conduct Alone, Calcutta High Court Dismisses S. 8 Application Due To Non-Renewal Of Original Agreement

The High Court of Calcutta bench comprising Justice Sugato Majumdar adjudicated on a matter involving a civil suit for possession of premises from the tenants and an application made under Section 8 of the Arbitration and Conciliation Act, 1996 by the tenants seeking to refer the dispute to arbitration based on the tenancy agreement which had expired a few years ago and was not novated...

'Heart-Wrenching Atrocities Suffered By Villagers, Restricting Movement Causes Undue Harassment': Calcutta HC Sets Aside S.144 CrPC Orders Imposed In Sandeshkhali

The Calcutta High Court has set aside orders under Section 144 CrPC (prohibiting the assembly of four or more people in an area) imposed in West Bengal's Sandeshkhali in the wake of unrest due to alleged sexual harassment of women and illegal land grabbing in the area by miscreants allegedly from the ruling political dispensation, which was taken cognizance of by a coordinate bench of the...

Calcutta High Court Weekly Round-Up February 5th-11th, 2024

NOMINAL INDEXSoma Ghosh @ Soma Barman @ Soma (Barman) Ghosh & Ors. versus United India Insurance Co. Ltd. & Ors. 2024 LiveLaw (Cal) 37Merlin Projects Limited and another v The State of West Bengal and others 2024 LiveLaw (Cal) 38M/S Saraf Trexim Limited Vs Deputy Commissioner Of State Tax And Ors. 2024 LiveLaw (Cal) 39Utpal Kanti Karan v State of West Bengal & Ors &...

Supreme Court Collegium Accepts Justice Moushumi Bhattacharya's Transfer Request; Proposes Her Transfer From Calcutta HC To Telangana HC

In a significant development, the Supreme Court's collegium has agreed to the request of Justice Moushumi Bhattacharya of Calcutta High Court regarding her transfer to a different Court. The transfer was sought for personal reasons. As per the notification released yesterday (on February 13th), Justice Bhattacharya has now been transferred to the High Court of...

Calcutta High Court Commutes Life Sentence Of Border Security Force Constable Who Fired 20 Rounds Of Bullets Resulting In Civilian's Death

The Calcutta High Court in a plea under Article 226 of the Constitution has commuted the murder charges against a Border Security Force (BSF) soldier to attempt to murder, for the offense of firing 20 rounds of bullets, which resulted in the death of a civilian. A single bench of Justice Ajay Kumar Gupta commuted the charges under Sections 302 (murder) & 307 IPC (attempt to murder)...

Grossly Disappointed: Calcutta HC Takes Suo Moto Cognizance Of Reports On Alleged Sexual Harassment Of Women, Illegal Land Grabbing In Sandeshkhali

The Calcutta High Court on Tuesday took suo moto cognizance of newspaper reports on alleged sexual harassment of women living in Sandeshkhali, West Bengal, and tribal lands that had been forcibly taken over.A single bench of Justice Apurba Sinha Ray took cognizance of the matter, appointed an amicus curiae, and issued notice to the authorities. It said:I have been grossly disappointed after...

[S.53A CrPC] Filling Gaps Of Prosecution Case By Seeking DNA Profiling Of Accused After Completion Of Investigation Offends Article 21: Calcutta HC

The Calcutta High Court has held that filling up gaps in the prosecution case by invoking Section 53A (examination of person accused of rape by medical practitioner) of the Criminal Procedure Code (CrPC) would offend Article 21 of the Constitution.A single bench of Justice Moushumi Bhattacharya sitting at the High Court's Circuit Bench at Port Blair held:It is clear from the facts of the...

Arbitration And Conciliation Act Does Not Overlap West Bengal Public Land Act: Calcutta High Court

The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that there exists no conflict between the Arbitration and Conciliation Act, 1996, and the provisions of The West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962. It held that both statutes operate within distinct domains and do not overlap in their scope or application. Brief...

Splitting Of An Arbitral Award For Publication Is Unnatural And Unsupported By Law, Calcutta High Court Allows Extension Of Arbitrator's Mandate

The Calcutta High Court bench comprising Justice Moushumi Bhattacharya held that neither the Arbitration and Conciliation Act, 1996 nor the Insolvency and Bankruptcy Code, 2016 allows a party's request to halt the publication of an arbitral award to the extent of its reliance on another party's counter-clam. The bench noted that the notion of splitting an arbitral award for this purpose...

Sluggishness Intolerable: Calcutta High Court Slams CBI's Conduct For Failing To File Appeal Within Limitation Period

The Calcutta High Court has heavily criticized the conduct of the Central Bureau of Investigation (CBI) and its Director for failing to file an appeal within the statutory period of limitation.A single bench of Justice Bibhas Ranjan De, in a plea for condonation of delay in filing the special leave to appeal, allowed delayed filing in the interest of justice and held:I am astounded by the...

Rarest Of Rare Case: Calcutta High Court Directs Kendriya Vidyalaya To Regularise Admission Of Class 1 Student Suffering From Muscular Dystrophy

The Calcutta High Court has recently directed the Kendriya Vidyalaya, Ballygunge (KV) to regularise the admission of a class 1 student, who is suffering from muscular dystrophy and had been waitlisted since the 3% quota for admission as people with disabilities had been filled for the academic year.In taking note of the child's rare disability, which was also suffered by his elder brother who...