Calcutta High Court Weekly Round-Up: May 2 To May 8, 2022

Nominal Index Ideal Unique Realtors Private Limited & Anr. versus Union of India & Ors 2022 LiveLaw (Cal) 153Pallabi Chatterjee and Ors v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 154Dipok Dinda v. State of West Bengal and Ors 2022 LiveLaw (Cal) 155Future Market Networks Limited versus Laxmi Pat Surana & Anr 2022 LiveLaw (Cal) 156In Re : State of West Bengal vs. Md. Younus @ Bilal & Ors 2022 LiveLaw (Cal) 157Sekh Jamir and Others v. Central Bureau of Investigation and Others 2022 LiveLaw (Cal) 158Pallabi Chatterjee and Ors v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 159Amrita Pandey v. The Union of India and others 2022 LiveLaw (Cal) 160Kader Khan v. State of West Bengal 2022 LiveLaw (Cal) 161Dr. Kunal Saha v. University of Calcutta & Anr 2022 LiveLaw (Cal) 162Orders/Judgments 1. Spot Memos Issued By Audit Department Unenforceable, Since Earlier Proceedings On Same Issue Not Completed: Calcutta High CourtCase Title: Ideal Unique Realtors Private Limited & Anr. versus Union of India & Ors.Case Citation: 2022 LiveLaw (Cal) 153The Calcutta High Court has quashed the spot memos issued to the assessee by the audit department and ruled them unenforceable since earlier proceedings initiated by the revenue department on the same issue were not completed. The Bench, consisting of Justices T. S. Sivagnanam and Hiranmay Bhattacharyya, observed that different wings of the same department had been issuing notices and summons to the assessee without taking any of the earlier proceedings to a logical end. The appellant/ assessee Ideal Unique Realtors Private Limited filed an appeal before the Calcutta High Court challenging the jurisdiction of the Sr. Audit Officer in issuing a "spot memo" against the appellants. The appellants submitted before the High Court that the Director General of Goods and Services Tax, DGGI, Kolkata had issued summons to the appellants for which the appellants had submitted their reply. Thereafter, the DGGI had issued two more notices on the same issue. The appellants added that in response to the summons, the appellants had appeared before the authority and had submitted the requisite documents. The appellants contended that in spite of the same, the revenue officials had issued spot memos to the appellants on the same issue.2. Calcutta High Court Orders DLSA & SALSA To Process Compensation Within 2 Weeks For Victims, Kin In 5 Recent Rape CasesCase Title: Pallabi Chatterjee and Ors v. State of West Bengal and other connected mattersCase Citation: 2022 LiveLaw (Cal) 154The Calcutta High Court directed the District Legal Services Authority (DLSA) and the State Legal Services Authority (SALSA) to expeditiously decide a representation seeking compensation for the victims and their family members pertaining to the 5 recent rape cases that have been reported in various districts of West Bengal last month. The counsel appearing for the petitioner apprised a Bench comprising Chief Justice Prakasha Shrivastava and Justice Rajarshi Bharadwaj that a communication had been sent to the District Legal Services Authority (DLSA) and the State Legal Services Authority (SALSA) seeking compensation for the victims and their kin under the Witness Protection Scheme, 2018. Accordingly, the Court directed the authorities to take action on the representation as expeditiously as possible preferably within a period of 2 weeks. The Court also took on record the status report indicating the progress of the investigation into the cases as also the case diary.3. 'Comprehensive Examination Required': Calcutta HC Appoints Amicus Curiae To Deal With Petitions On Illegal Encroachment Of Water Bodies In StateCase Title: Dipok Dinda v. State of West Bengal and OrsCase Citation: 2022 LiveLaw (Cal) 155The Calcutta High Court appointed an Amicus Curiae to deal with petitions pertaining to illegal encroachment of water bodies in the State. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj observed that several petitions are being filed before the Court alleging that water bodies in the State are being illegally filed up. Opining that a comprehensive examination is required, the Court remarked, "We find that several such petitions are filed before this Court with the allegation that the water bodies in the State either belonging to the government or to the private persons are being illegally filled up. Therefore, a comprehensive examination of the issue is required." Accordingly, the Court directed advocate Anindya Lahiri to act as an Amicus Curiae and assist the Court in examining the issue. The Court was adjudicating upon a Public Interest Litigation (PIL) alleging that the property situated at the District of Purba Medinipur, Block – Panskura-II, Mouza – Bangalur, J.L. no.317, Khatian no.1 and Dag no.17, which is a government property and a water body classified as Khal, is being illegally filled up by some unknown persons by encroaching upon the ...

Calcutta High Court Weekly Round-Up: May 2 To May 8, 2022

Aaratrika Bhaumik

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