Factual Examination Of Dispute Regarding 'Addition' Of Unexplained Cash Credit U/S 68 Of IT Act Is Beyond Scope Of Appeal U/S 260A: Calcutta HC

The Calcutta High Court has held that it cannot indulge in factual examination of the material produced or not produced by an assessee-company to explain the share capital and premium received by it, in an appeal filed under Section 260A of the Income Tax Act. A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya thus refused to interfere with an...

Calcutta High Court Imposes 1500 Limit On Attendees At BJP's Rally In Howrah, Expresses Concerns Over 'Narrow Strech' Of Road

The Calcutta High Court has allowed a rally by the Bharatiya Janata Party in Kolkata's Howrah area, after permission had been refused by the police authorities. A single bench of Justice Tirthankar Ghosh allowed permission for the rally, but expressed string exception over the fact that it had been scheduled to be held along a stretch of "narrow road" which was only 20 metres wide.Keeping in...

Calcutta High Court Declines To Quash Case Against Owner Of Nursing Home Over Death Of COVID Patient Due To Treatment By 'Fake Doctor'

The Calcutta High Court has declined to quash a case against the owner of a nursing home filed by the father of a lady suffering from COVID-19, who allegedly passed away due to treatment by a "fake doctor."A single bench of Justice Ajoy Kumar Mukherjee held:"It is true that the petitioner in this application has made a conscious effort to distance herself from the other accused Sudipto Sardar...

Calcutta HC Declines To Quash Case Against 'Online Legal Services' Company For Allegedly Cheating Lady Who Sought Advice On Credit Card Scam

The Calcutta High Court has declined to quash a criminal case against the proprietors of a 'legal services' online company who allegedly duped a lady who had been a victim of a credit card scam and had approached them through Google to help her report the same.A single bench of Justice Ajay Kumar Gupta held:It appears that under the banner of one Website, namely,...

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge.A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order.On this occasion, when the appeal came...

Calcutta High Court Weekly Round-Up: November 4th To November, 10th, 2024

NOMINAL INDEXSMT SONIA DHIR AND ANR. VS PRESTAR INFRASTRUCTURE PROJECTS LIMITED Citation: 2024 LiveLaw (Cal) 229ASHUNATH BHATTACHARJEE VS STATE OF WEST BENGAL Citation: 2024 LiveLaw (Cal) 230STATE OF WEST BENGAL AND ORS VS REBEKA KHATUN MOLLA ALIAS REBEKA MOLLA AND ORS Citation: 2024 LiveLaw (Cal) 231Gautam Ray Vs. State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 232Bally...

Calcutta High Court Allows Protest March Against Alleged Atrocities Faced By Hindus In Bangladesh

The Calcutta High Court has allowed a protest march against the alleged atrocities faced by members of the Hindu community in ethnic violence which has broken out across Bangladesh.A single bench of Justice Tirthankar Ghosh allowed the protest, which is scheduled to lead up to the Bangladesh High Commission, when a delegation of a few members will be meeting the High Commissioner to...

Calcutta High Court Declines To Hear Former RG Kar Principal Sandip Ghosh's Plea For Bail, Directs Him To Approach Trial Court

The Calcutta High Court has declined to hear a plea for bail moved by former principal of RG Kar Medical College and Hospital Sandip Ghosh, who has been arrested by the CBI in connection with alleged financial irregularities at the college, as well as the rape and murder of a trainee doctor on the college campus.A single bench of Justice Tirthankar Ghosh directed Ghosh to approach the trial...

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. A single bench of Justice Ananya Bandopadhyay held:The relationship between the parties was indubitably consensual. The victim lady being an adult was aware of...

Brothel Customer Was Not Acting In Its Management: Calcutta High Court Quashes Immoral Trafficking Case Against Man

The Calcutta High Court has quashed a case against a man who was found in a "compromising position" at a brothel. Petitioner, was charged under the provisions of the Immoral Traffic (Prevention) Act 1956 (in short Act of 1956).In quashing the case, a single bench of Justice Ajoy Kumar Mukherjee held:From the record it appears that there is no material on record even after completion...

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The accused who was sitting inside the car with other men asked his daughter to stop and come inside the car. When she refused,...

Award In Which Vital Evidence Are Not Considered Can Be Set Aside On Grounds Of Patent Illegality U/S 34: Calcutta HC

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya affirmed that there cannot be any quarrel with the proposition that if there is a perversity in the award insofar as the non-consideration of vital evidence is concerned, the same tantamounts to violation of the fundamental policy of Indian Law as well as gives rise to a patent illegality, which is a sufficient ground...