Calcutta High Court
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...
Calcutta High Court Weekly Round-Up 15th April- 21st April 2024
NOMINAL INDEXANJANI PUTRA SENA v STATE OF WEST BENGAL AND ORS 2024 LiveLaw (Cal) 87EMAMI LIMITED v HINDUSTAN UNILEVER LIMITED 2024 LiveLaw (Cal) 88Paschim Banga Cha Majoor Samity & Ors. v The State of West Bengal & Ors. 2024 LiveLaw (Cal) 89Ashadul Sekh and others v The State of West Bengal and other 2024 LiveLaw (Cal) 90Prabir Kumar Mitra vs State of West Bengal & Ors. 2024...
Employee Entitled To Interest On Withheld Gratuity Amount On Acquittal In Criminal Proceedings: Calcutta High Court
A Division Bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty and Justice Uday Kumar while deciding a Writ Petition in the case of Md. Farid Vs. Union of India & Ors has held that an employee is entitled to interest on the withheld amount of gratuity upon acquittal in the criminal proceedings pending against him on the date of his retirement. Background...
State Cabinet Knowingly Protected Fraudulent Appointments: Calcutta High Court Invalidates Nearly 24,000 Teaching, Non-Teaching Jobs
The Calcutta High Court on Monday invalidated almost 24,000 teaching and non-teaching jobs across government and aided schools, which were filled up as a result of the 2016 SSC Recruitment process, which was subsequently challenged due to the cash-for-jobs recruitment scam.In a detailed order running into more than 280 pages, a division bench of Justices Debangsu Basak and Md Shabbar...
[Cash For Jobs Scam] Calcutta High Court Cancels 2016 SSC Teachers' Recruitment Panel, Almost 24,000 Jobs Affected
The Calcutta High Court on Monday cancelled the 2016 job panel for SSC teachers' recruitment for classes 9-12. The Court cancelled the panel created by the West Bengal School Service Commission (WBSCC) upon finding that the recruitment had taken place illegally as a result of the infamous cash-for-jobs scam.A division bench of Justice Debangsu Basak and Shabbar Rashidi have passed the order...
Calcutta HC Declines Appeal Against Order Which Held That Using Word 'Silk' To Denote Paint's Finish Was Customary, Not Protectable As Trademark
The Calcutta High Court has upheld an order by a single bench which held that using the word 'silk' to denote a paint's finish was customary in nature, and could not be protected as a trademark.A division bench of Justices IP Mukherji and Prasenjit Biswas held:There shall be no interference with the impugned judgment and order dated 12th December 2023 provided the respondent uses the...
[MGNREGA] Calcutta High Court Constitutes Committee For District-Wise Verification Of Wage Claims By Workers
The Calcutta High Court has constituted a high-level committee to verify district-wise claims made by daily wage labourers under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya held:Considering all these aspects, the four-member Team shall consist of (1) a senior officer from the office of...
Power Under Section 9 Of A&C Are Wider Than Power Of Court Under Order 38 Rule 5 Of CPC: Calcutta High Court
The High Court of Calcutta has held that power of a Court exercising powers under Section 9 of the A&C Act are wider than the powers of a Court under Order XXXVIII Rule 5 of CPC. It held that unlike under CPC, the dissipation of assets is not a mandatory requirement for interim relief under Section 9 of the A&C Act. The bench of Justice Ravi Krishan Kapur a petitioner...
Calcutta High Court Exempts Lawyers From Wearing 'Advocate Gowns' Till End Of Summer Vacations
In light of the ongoing heatwave in the city of Kolkata with temperatures soaring up to above 42 degrees celsius, the Calcutta High Court has passed a notification stating that lawyers appearing before the Court would be exempt from wearing an advocate gown during the summer months.Earlier, other High Courts such as the Karnataka HC had also passed similar orders while accounting for the...
Ease Of Doing Business In India Is A Matter Of 'Public Policy', Fruits Of Arbitral Award Must Be Protected To Promote Business: Calcutta High Court
The High Court of Calcutta has held that ease of doing business in india with indian entities is also a matter of 'Public Policy'. These observations were made by the High Court while hearing an application under Section 9 of the A&C Act at post award stage in arbitration with seat in United States (US). The Bench of Justice Ravi Krishan Kapur held that the fruits of the award must...