Calcutta High Court Weekly Digest January 15- January 21, 2024

NOMINAL INDEXMahuya Chakraborty Vs. The State of West Bengal and others 2023 LiveLaw (Cal) 14Saran Gopal Krishnan Vs Narcotics Control Bureau, Kolkata 2023 LiveLaw (Cal) 15Professor Syed Haider Hassan Kazimi and others v The State of West Bengal and another 2023 LiveLaw (Cal) 16Kalighat Bahumukhi Seva Samiti Versus The State of West Bengal and others 2023 LiveLaw (Cal) 17Suvendu Adhikari v...

Assessee Attempted To Drag Matter Knowing Well That Assessment Will Be Time Barred: Calcutta High Court Upholds Reassessment

The Calcutta High Court has held that the assessee had repeatedly sought adjournments, which would show that the assessee attempted to drag the matter along, knowing well that the assessment would be time-barred.The bench of Chief Justice T.S. Sivagnanam and Justice Supratim Bhattacharya have observed that the provision of Section 148A of the Act has been scrupulously followed by the...

Calcutta High Court Initiates Process To Designate Counsels As Senior Advocates After 5-Yr Gap, 136 Candidates Shortlisted

Calcutta High Court Chief Justice TS Sivagnanam on Friday informed advocates that after a five-year hiatus, the High Court was in the process of recommencing the process of designating advocates as senior advocates.On mentioning by a Senior Advocate about the list of advocates for designation as seniors pending before the CJ, Justice Sivagnanam said, "Actually the development is, in line with...

Calcutta High Court Allows 'Peaceful Meeting' By All India Secular Front To Commemorate 'Foundation Day' On 21st Jan

[Update: A division bench presided over by Chief Justice TS Sivagnanam has partially modified the single-bench order upon appeal by the State and directed the petitioner's to hold their rally at another Indoor Stadium offered by the State and not Victoria House.]The Calcutta High Court has allowed a plea by the Indian Secular Front (ISF) to hold a peaceful meeting in front of Victoria House...

Supreme Court Collegium Recommends Permanent Appointment For 5 Additional Judges Of Calcutta High Court, Fresh 1-Yr Term For Another Addl Judge

The Supreme Court Collegium, headed by CJI DY Chandrachud has passed a resolution to make permanent, five additional judges of the Calcutta High Court. Another judge was recommended for a fresh one-year term as an additional judge.The Collegium also comprising Justices Sanjiv Khanna and BR Gavai passed the resolution dated 18th January 2024, recommending permanent appointments for the...

Calcutta High Court Sets Aside Trial Court Order Directing Personal Appearance Of Former Visva Bharati University VC In Case Under SC/ST Act

The Calcutta High Court has set aside an order passed by a Special Court under the Atrocity Act, 1st Court, Suri, calling for the personal appearance of former Visva Bharati University Vice-Chancellor Professor Vidyut Chakraborty in a case against him under Section 500 of IPC (defamation) read with Sections 3(1)(r)(v)(p)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of...

High Court Dismisses Plea Seeking Declaration Of 'Dry Day' In West Bengal On 22nd January On Account Of Ram Mandir Consecration Ceremony

The Calcutta High Court on Thursday dismissed a public interest litigation seeking the declaration of a 'dry day' in the State of West Bengal on the 22nd of January on account of the consecration ceremony of the Ram Mandir in Ayodhya. In dismissing the plea, a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya observed:"This a policy decision. You will have...

Calcutta High Court Allows 'Sampriti All-Religion Harmony Rally' To Be Held In Kolkata On Same Day As Ram Mandir Inauguration

The Calcutta High Court today dismissed a plea challenging the 'Sampriti All-Religion Harmony Rally' which is proposed to be held in Kolkata by the State government and the ruling political party, on the same date as the consecration of the Ram Mandir in Ayodhya i.e. 22nd January 2024.In disposing of the plea moved by BJP MP and Leader of Opposition in West Bengal Suvendu Adhikari, a...

Income From Sub-Letting Is 'Business Income' If Object Is Business Of Renting/Licensing Of Shops: Calcutta High Court

Finding that assessee's income from sub-letting/sub-licensing the space in question, has always been accepted by Respondent / Income Tax Department as, income from business, the Calcutta High Court held that assessee's income from sub-licensing/sub-letting is chargeable to tax as business income and not as income from house property.The Division Bench comprising of Justice Surya Prakash...

Calcutta High Court Allows Live Broadcast Of Ram Mandir Inauguration, Performance Of 'Puja Archana,' 'Arati' & 'Kirtan' In South Kolkata Park

The Calcutta High Court has allowed a plea moved by the Kalighat Bahumukhi Seva Samiti to hold a live telecast of the inauguration of the Ram Mandir in Ayodhya and to perform puja by constructing a temporary stage at Deshpran Sasmal Park, Kolkata on 22nd January.A single bench of Justice Jay Sengupta held:It appears that at least the venue of the programme being the Deshpran Sasmal Park could...

Attack On ED In West Bengal | High Court Constitutes SIT Comprising CBI & State Police Officials For Court-Monitored Probe

The Calcutta High Court on Wednesday constituted a special investigation team (SIT) comprising officers from the State police and Central Bureau of Investigation, to be headed by an officer of the rank of Superintendent of Police from both sides.A single bench of Justice Jay Sengupta expressed a lack of confidence in the local police investigation and directed that no officers of...

Merely Being A Member Of Haj Committee Doesn't Confer Knowledge In Shia Islamic Theology: Calcutta HC Quashes Appointment To WB Waqf Board

The Calcutta High Court has quashed an order passed by the Secretary, Government of West Bengal, Minority Affairs, and Madrasah Education Department for the nomination of the respondent as a member of the Waqf Board upon finding that the respondent was not suitably qualified to occupy the post.A single bench of Justice Sabyasachi Bhattacharya also directed the State to undertake a...