Calcutta High Court
Calcutta High Court Monthly Digest: April 2024
NOMINAL INDEXM/s Fullerton India Credit Company Limited vs Ms Manju Khati 2024 LiveLaw (Cal) 79United Machinery & Appliances v. Greaves Cotton Limited 2024 LiveLaw (Cal) 86Ram Asheesh Yadav v. Union of India & Ors. 2024 LiveLaw (Cal) 81Sankar Mandal v. Union of India 2024 LiveLaw (Cal) 82 Md. Khalid v The State of West Bengal and others 2024 LiveLaw (Cal) 83 SK. Jaynal Abddin Versus Commissioner Of Income Tax, Kolkata 2024 LiveLaw (Cal) 84 Subhas Mondal Vs The State of West Bengal...
Calcutta High Court Weekly Round-Up 21st April-28th April 2024
NOMINAL INDEXBaishakhi Bhattacharyya (Chatterjee) & Ors. Vs. State of West Bengal & Ors. 2024 LiveLaw (Cal) 94The Principal Commissioner Of Income Tax, (Central) -2, Kolkata Versus M/S. BST Infratech Limited 2024 LiveLaw (Cal) 95Md. Farid Vs. Union of India & Ors 2024 LiveLaw (Cal) 96Dhansar Engineering Company Pvt Ltd v. Eastern Coalfields Ltd 2024 LiveLaw (Cal) 97Kashmira Khan...
Court Under Section 9 Of A&C Act Can Punish For Disobedience Of Its Order, Power Akin To Order 39 Rule 2A Of CPC: Calcutta High Court
The High Court of Calcutta has held that the Court under Section 9 of the A&C Act can punish for the disobedience of its order. It held that its power under Section 9 is similar to the Civil Court's power under Order 39 Rule 2A of CPC which provides that the Court can attach the property of disobeying party as well as sentence it to imprisonment for up to 3 months.The bench of...
In A Post Award Section 9 Application, The Court Cannot Comment On The Correctness Of The Arbitral Award: Calcutta High Court
The Calcutta High Court has held that while hearing a post award application under Section 9 of the A&C Act, the Court would not have the jurisdiction to decide on the correctness of the award.The Division Bench of Justices I.P. Mukerji and Biswaroop Chowdhury held that the Court would not adjudicate on whether the damages awarded in the arbitral award are correct or not. FactsThe Court...
Constitution Of Arbitral Tribunal Is Not A Bar On A Party's Right To Approach Section 9 Court For Implementation Of Its Order: Calcutta High Court
The High Court of Calcutta has held that constitution of arbitral tribunal is not a bar on a party's right to approach Section 9 Court for implementation of its order.The bench of Justice Sabyasachi Bhattacharyya held that bar under Section 9(3) which proscribe Section 9 remedy upon constitution of arbitral tribunal would not apply when the Court is reapproached for the enforcement of an...
GST Dept. Can't Compute Penalty Amount On Higher Value Than Invoice Value Without Proper Evidence: Calcutta High Court
The Calcutta High Court has held that the GST department cannot compute the penalty amount on a higher value than the invoice value without proper evidence and reason.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that a transporter or owner of the goods is bound to carry certain documents as mentioned in the Act that are to accompany the goods. In...
Democracy Can't Be Looted By Muscle Power, Country Run On Public Mandate: Calcutta HC Sets Aside 2023 Gram Panchayat Election Result Over Ballot Snatching
The Calcutta High Court has recently set aside the election result of the gram panchayat election of Sankrail, West Bengal which was held in 2023 over allegations of 'merciless beating', 'violence' and ballot snatching by hooligans belonging to the ruling dispensation during the counting of votes.A single bench of Justice Amrita Sinha also cancelled the election certificate of the...
A Policy Circular Requiring Further Consent For Arbitration Cannot Be Construed As An Arbitration Clause: Calcutta High Court
The High Court of Calcutta has held that a policy circular issued by a parent company contemplating arbitration would not be an arbitration agreement if it requires fresh consent of the contractor to refer the dispute to arbitration. The bench of Justice Ravi Krishan Kapur held that when for existing contracts, the circular required consent of the contractor for reference to...
Assessee's Failure To Establish Genuineness Of Transaction With Cogent And Credible Evidence, Calcutta High Court Upholds Addition
The Calcutta High Court has held that merely proving the identity of the investors does not discharge the onus on the assessee if the capacity or credit worthiness has not been established.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that the assessee has not established the capacity of the investors to advance money for the purchase of the shares...
Plea In Calcutta High Court Seeks Action Against CM Mamata Banerjee For Saying HC Had Been 'Purchased', Judges Are Biased
On Thursday, Senior Advocate Bikash Ranjan Bhattacharya mentioned before the Calcutta High Court, praying for it to take suo moto cognizance of remarks allegedly made by Chief Minister Mamata Banerjee, calling High Court judges biased, and stating that the 'HC had been purchased.'These remarks came in the aftermath of a ruling which invalidated almost 24,000 teaching and non-teaching jobs...
Will Recommend To ECI To Defer Behrampore Lok Sabha Polls Over Ram Navami Violence: Calcutta High Court
In an important development, the Calcutta High Court has remarked that it would recommend to the Election Commission of India (ECI) to defer the Lok Sabha polls slated to be held in West Bengal's Behrampore over a plea on violence that occurred during the festival of Ram Navami in the area. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya orally remarked:"We...