Lawyer-Client Privileged Communication; GST Dept. Can’t Issue Notice To Lawyer : Calcutta High Court

The Calcutta High Court has held that the GST department cannot issue notice to the advocate appearing on behalf of the assessee.The bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that Sections 126 and 129 of the Evidence Act protect communications between a lawyer and a client made during the lawyer's employment. It is a settled legal position that...

Calcutta High Court Dismisses 'Contradictory' Plea Seeking Both Compensation & Possession Of Land Acquired By Govt 52 Yrs Ago

The Calcutta High Court has dismissed as being 'patently illegal', a plea filed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“LARR”) seeking compensation for and restoration of possession of a land acquired 52 years ago.In dismissing the writ petition, a single-bench of Justice Shekhar B Saraf held:I am amazed that...

Authority’s "Paranoia" Not Sufficient For Issuance Of Look-Out Circulars Curtailing Individual Liberty: Calcutta High Court

The Calcutta High Court has observed that the mere paranoia of Authorities whenever a person against whom any allegations are levelled seeks to leave the country, cannot be sufficient grounds for issuance of a lookout circular (“LOC”), which curtails the individual’s liberty to travel abroad.Quashing the LOCs issued against the two petitioners, a single-bench of Justice...

Rape-Accused Cannot Plead Insanity Merely Because Locals Called Him “Mad”, Survivor’s & Doctor’s Evidence Crucial: Calcutta High Court

The Calcutta High Court has dismissed the appeal preferred by a man convicted under Section 9 of the POCSO Act, for committing rape on a 9-year-old girl at her school.In holding that the testimony of the minor, as well as medical evidence regarding the accused’s stable mental state could not be ignored merely because appellant was referred to as ‘pagol’/’mad’ by local persons,...

National Flag Not Desecrated On 15th August, Plea Based On “Rumour Mongering”: State Tells Calcutta High Court In Suvendu Adhikari’s PIL

The Calcutta High Court on Tuesday continued hearing a PIL filed by BJP leader Suvendu Adhikari, claiming that the Indian National Flag had been desecrated by “members of certain communities” in a state-funded primary school.On an earlier occasion, a bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya had issued notice to the State through the Advocate General, calling...

Won’t Use Files Downloaded From Server Of Firm Linked To Abhishek Banerjee In Any Criminal Cases: ED To Calcutta High Court

The Directorate of Enforcement (ED) has told the Calcutta High Court that it will not use any of the 16 files allegedly downloaded from computers of a firm linked to AITC MP Abhishek Banerjee in criminal cases against him.A single-bench of Justice Tirthankar Ghosh noted:"Mr. SV Raju, learned ASG submits that the Enforcement Directorate would on a covering letter certify that these 16...

Conduct Student Body Elections, Set-Up Anti-Ragging Committee: Calcutta High Court To State In Plea Against Ragging In Bengal’s Universities

The Calcutta High Court on Tuesday expressed concerns over the endemic of ragging prevalent across Universities in West Bengal, and the non-implementation of a report by the RK Raghavan Committee, which was constituted in 2009 by the Supreme Court to reduce instances of ragging.In taking note of the plea, which arose out of the unfortunate death of a 1st year student at Jadavpur University,...

Accused Entitled To Cross-Examine Statements Of Natural Person Recorded Under Customs Act, 1962: Calcutta High Court

The Calcutta High Court has held that the accused is entitled to cross-examine natural persons whose statements were recorded under the Customs Act, 1962.The bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi observed that the appellant or accused can be said to be prejudiced for not having been granted the right of cross-examination in as much as the appellant lost the...

Excess Amount Paid In Service Tax Can Be Adjusted Against The Short Payment In Education Cess: CESTAT

The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the excess amount paid in service tax can be adjusted against the short payment in education cess.The bench of Ashok Jindal (Judicial Member) and K. Anpazhakan (Technical Member) has observed that the cenvat credit of basic central excise duty can be utilised for payment of education cess and...

Chargesheet Submitted 5 Yrs After Rape Allegations Were Withdrawn: Calcutta High Court Quashes Case Against Local Politician

The Calcutta High Court has recently quashed criminal case on charges of inter alia rape, against one Abhijit Das, who contested the Lok Sabha Elections in 2014 and 2020 for a political party from Diamond Harbour constituency.In noting that the complainant herself had withdrawn the allegations of rape, and refused to undergo a medical examination, a single-bench of Justice Shampa (Dutt)...

Calcutta High Court Orders DM To Probe Alleged Embezzlement Of Public Funds By Self-Help Group Tasked With Producing School Uniforms

The Calcutta High Court has dismissed a PIL challenging alleged embezzlement of public funds to the tune Rs 8.8 crores allocated to self-help group ‘Milan Mohila Mahasanga’ in Uttar Dinajpur, for manufacturing of school-uniforms.A division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya directed the District Magistrate to look into the allegations. It...

Calcutta High Court Issues Notice To State On PIL Against Non-Implementation Of Centre’s ‘CSC 2.0’ Scheme In Bengal, No Interim Relief

The Calcutta High Court today issued notice to the West Bengal government on a PIL by Dr Sukanta Majumdar, President of State BJP, challenging the non-implementation of the Central Government’s Common Services Centres, E-Governance Committee scheme 2.0 (“CSC”) in West Bengal which formed part of the Digital India Mission.Petitioner argued that due to non-implementation the CSC,...