Calcutta High Court
When Assessee-Company Can Prove Genuineness Of Transaction, Delhi HC's 'NR Portfolio' Judgment Not Applicable: Calcutta HC
The Calcutta High Court has made it clear that the Delhi High Court decisions in NR Portfolio and Navodaya Castles will hold no value where an assessee-company establishes the identity of its shares subscribers, creditworthiness of the share subscribers and genuineness of the transactions.In CIT v. NR Portfolio Private Limited (2014) and in CITA v. Navodaya Castles Private Limited (2014),...
Writ Against Third Party Is Maintainable Despite Arbitration Clause When There Are No Disputes Between Contracting Parties: Calcutta HC
The Calcutta High Court bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) has held that when there are no disputes or differences between the parties to an agreement containing an arbitration clause, a writ petition may be entertained against a third party for arbitrary deduction of demurrage amounts. The existence of an arbitration clause between the...
Delay In Appointment, Employee Entitled For Qualifying Service For Pension, But No Wages: Calcutta HC
Calcutta High Court: A division bench consisting of Justices Madhuresh Prasad and Supratim Bhattacharya allowed a petition that was filed by a doctor, whose pension was denied due to insufficient qualifying service. The court ruled that if the Government delays in implementing court mandated absorption of an employee, the period of delay should be counted towards the qualifying service...
Calcutta High Court Upholds Quashing Of ₹7.29 Crore Penalty Imposed On Dissolved HUF
The Calcutta High Court has upheld the quashing of penalty proceedings initiated against a dissolved Hindu Joint Family.A division bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) upheld the ITAT order which had relied on a Supreme Court ruling to declare the penalty action void-ab-initio.The Top Court had in CIT vs. Maruti Suzuki India Limited held that notice...
Evaluation Of Alternative Propositions By Arbitrator For Interim Award Does Not Constitute Inherent Contradiction Or Perversity: Calcutta HC
The Calcutta High Court bench of Justices Sabyasachi Bhattacharyya and Uday Kumar has held that considering alternative propositions by the Arbitrator and proceeding on the premise that the award holder would be entitled to an interim award under either scenario does not amount to an inherent contradiction. Evaluating alternatives is a legitimate judicial exercise and does not tantamount...
Absence Of Express Liberty In Withdrawal Order To File Fresh Execution Petition Does Not Deny Benefit U/S 14 Of Limitation Act: Calcutta HC
The Calcutta High Court bench of Justice Bibhas Ranjan De has held that withdrawal of an execution petition for enforcement of an arbitral award on the ground of lack of jurisdiction, when such ground is clearly stated in the withdrawal application, does not bar the petitioner from refiling before the appropriate forum, even if the court's order does not expressly grant liberty to...
Calcutta High Court Tells State Not To Continue Demolishing Rooftop Restaurants, Asks Why Notice Was Not Given Before Demolition
The Calcutta High Court has orally instructed the state authorities not to continue demolishing rooftop cafes and restaurants in the city, after owners of a restaurant on Park Street approached the court stating that their buildings were being demolished without any notice, and immediately after the issuance of stop work notices.Justice Gaurang Kanth did not pass an official stay order...
Calcutta High Court Strikes Down Provision Allowing Consumers To Be Penalised For Excess Electricity Usage
The Calcutta High Court has struck down a state law which allowed electricity companies to penalise consumers who consumed more electricity than the limit prescribed by the companies.The impugned rule was under Regulation 4.4 of the West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2011 (for short, “the 2011 Tariff Regulations”), framed by the...
Arbitrator Can Fix Fee In Consultation With Parties Without Recourse To A&C Act; Quantum Can't Be Challenged Under Article 227: Calcutta HC
The Calcutta High Court bench of Justice Bihas Ranjan De. has observed that an arbitrator can indeed fix his remuneration, and this can be done in a manner that may not comply with the Fourth Schedule of the Arbitration and Conciliation Act, 1996, provided that such a decision is made in consultation with the parties involved. When parties contractually agree on a fee, the Fourth...
Calcutta High Court Quashes 25-Yr-Old Case Against Man Booked For Mere Presence At Scene Of Theft, House Trespass
The Calcutta High Court has quashed a case against a man, who was booked for the offences of inter alia theft and house trespass under Sections 448/379/461/417/120B of the Indian Penal Code.In quashing the case arising out of the events in 1999, Justice Suvra Ghosh held:It is a fact that delay is a relevant factor and every accused is entitled to speedy justice in view of Article 21 of...
“No Work, No Pay” Doesn't Apply If Appointment Delay Is Due To Authorities' Fault : Calcutta HC
A division bench of the Calcutta High Court comprising of Harish Tandon, J and Prasenjit Biswas, J held that the principle of “No Work, No Pay” does not apply when the delay in appointment is due to the fault of the authorities, thus entitling the affected person to monetary benefits. Background Facts The appellant appeared for 12th Regional Level Selection Test (RLST) for...
Calcutta High Court Issues Contempt Notice Against Mob For Insulting Judge, Heckling Lawyers Inside Court Premises
The Calcutta High Court has issued contempt notice against a 'mob' which had gathered outside one of the courtrooms and heckled lawyers, including Senior Advocate Bikash Ranjan Bhattacharya, as well as insulted Justice Biswajit Basu in a matter related to the ongoing cases on the 2016 SSC selection process. A full bench of the court comprising Justices Arijit Banerjee, Sabyasachi Bhattacharya...