GST Department's Effective Adjudication Of Matter Cannot Be Scuttled By Seeking Writ Remedy: Calcutta High Court

While reiterating that it shall not interfere in matters requiring fact-finding and adjudication, which fall squarely within the statutory domain, the Calcutta High Court advised the manufacturer/ supplier to exhaust the statutory remedies provided under the CGST Act, 2017 including submitting a detailed response to the SCN.“The statutory framework under the CGST Act provides...

[RG Kar Rape-Murder] Calcutta High Court Allows Sit-In Protest By Doctor's Forum, Says Every Citizen Has Right To Protest Peacefully

The Calcutta High Court has upheld a single judge order allowing a peaceful sit-in demonstration by the joint forum for doctors, against the brutal rape and murder of a trainee doctor at Kolkata's RG Kar medical college and Hospital.A division bench of Justice Harish Tandon and Hiranmay Bhattacharya however, modified the single judge's order to the extent of reducing the total attendance at the protest to 100 doctors from the earlier sanctioned 250, due to the state's appeal that major roads...

Calcutta High Court Declines To Interfere With Preliminary Report Against SRFTI Dean Filmmaker Vipin Vijay Over POSH Allegations

The Calcutta High Court has declined to interfere with a preliminary report by the Internal Committee (IC) of the Satyajit Ray Film and Television Institute (SRFTI) against Dean and Filmmaker Vipin Vijay who had been accused of sexual harassment.In declining a plea by Vijay seeking quashing of the report, Justice Kausik Chanda held: "I am not inclined to interfere with the preliminary report...

Bail Is An Essential Element Of The Criminal Justice System, Guarantees Right To Fair Trial: Calcutta High Court

The Calcutta High Court has held that bail is an essential element of the criminal justice system as it affords a right to a fair trial to the accused in a criminal case. Justice Shampa (Dutt) Paul made these observations in a plea by a man accused under the POCSO act, against an order cancelling his bail issued by the trial court. She said:"Bail is a Rule and Jail is an exception. This is...

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court

The Calcutta High Court has held that a wife imposing her friends and family on her husband by having them put up at his residence without his willingness would amount to cruelty.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held: The mother of the respondent (wife) would not have lived at the Kolaghat residence of the appellant (husband) if he extorted her pension or...

Remedy Under A&C Act Is In Addition To Remedies Under Special Statutes, But Once Elected Other Remedies Are Barred For Same Dispute: Calcutta HC

The Calcutta High Court bench comprising Justice Krishna Rao has observed that the remedy available under the Arbitration and Conciliation Act, 1996 is in addition to the remedies available under other special statutes and the availability of alternative remedies is not a bar to the entertaining of a petition under the Arbitration and Conciliation Act, 1996. But once elected, then...

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court

The Calcutta High Court has held that a "quarrel" between husband and wife would be attributed to both parties and that it would be a part of the normal "wear and tear" of marital life, and could not be grounds to allow divorce on the ground of cruelty.A division bench of Justice Sabyasachi Bhattacharya and Uday Kumar held:"The term “quarrel”, by its very definition, involves two parties....

RG Kar Rape-Murder | Victim's Parents Move Calcutta High Court Against CBI Probe, Seek Fresh Investigation

In another development arising from the brutal rape and murder of a trainee doctor at Kolkata's RG Kar medical college and hospital, the parents of the victim girl have moved the Calcutta High Court challenging the CBI probe into the incident and seeking a fresh investigation into the case.Notably, while the trial against the main accused Sanjoy Roy is ongoing before the trial court, two...

Regulatory Measures Under GST Laws Necessary To Prevent Tax Evasion, Not Violative Of Fundamental Right To Trade: Calcutta High Court

The Calcutta High Court has held that regulatory measures under the Goods and Services Tax Act cannot be labeled as violative of an assessee's right to trade/ business under Article 19(1)(g) of the Constitution. Justice Rajarshi Bharadwaj reasoned that such regulatory measures are “necessary to ensure compliance and prevent tax evasion”. The observation comes in a petition filed...

Constitutional Right To 'Property' Must Be Understood In Context Of State's 'Eminent Domain': Calcutta High Court

The Calcutta High Court has held that the right of eminent domain exercised by a state for the larger public interest would prevail over the constitutional right to property of private landowners under Article 300A of the Constitution.While allowing the authorities to acquire the petitioner's premises for metro railway construction, Justice Aniruddha Roy held:The right guaranteed under...

Calcutta High Court Disallows Protest Seeking To Block Railways & Highways Demanding Benefits For Santhali Tribal Community

The Calcutta High Court on Tuesday declined to allow a protest by a social welfare organisation seeking to agitate rights of tribal people, particularly the Santhali community. The organisation had sought to undertake a 'rail and road roko' protest by blocking railways and national highways on 20th December to get the state government to give into their demands such as inter alia establishment...

Purchaser Of Property Requesting Tenants To Vacate Or Face Eviction Not Guilty Of 'Criminal Intimidation': Calcutta High Court

The Calcutta High Court has quashed a case of criminal intimidation under Section 506 IPC initiated by tenants against the purchaser of a property who had asked the tenants to vacate the premises or face eviction.Justice Shampa (Dutt) Paul held: It is for the respondent no. 2/complainant Garg to file a civil suit. Initiation of the criminal process for oblique purposes, is bad in law and...