Murshidabad Violence | Calcutta High Court Directs State To Remunerate Affected Parties, Consider Calls For Permanent BSF Camp In Area

In a public interest litigation borne out of communal violence in Bengal's Murshidabad area during the Anti-Waqf Bill protests, the Calcutta High Court has directed the state to remunerate and restore all parties whose lives and properties were affected during the violent riots.A division bench of Justices Soumen Sen and Raja Basu Chowdhury further directed that the state consider the...

'Non-Consideration Of SC Judgment Amounts To Patent Illegality': Calcutta High Court Sets Aside Award On Grounds Of Unilateral Appointment

The Calcutta High Court bench of Justice Shampa Sarkar has held that non-consideration of a judgment of the Supreme Court amounts to patent illegality, which is a valid ground for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) particularly when the award is passed by an arbitrator unilaterally appointed by...

Excise Duty Under Sugar Cess Act Can Be Claimed As CENVAT Credit: Calcutta High Court

The Calcutta High Court stated that excise duty under sugar tax act can be claimed as CENVAT credit. The Bench consists of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) was addressing the issue of whether payment of duty under Sugar Cess Act, 1982 can be claimed as Cenvat Credit when the Cenvat Credit Rules does not provide payment of cess under the Sugar...

Calcutta High Court Upholds Order Dismissing Plea Challenging Shift Of NCLT Premises To New Town

The Calcutta High Court has upheld a single bench order declining a plea challenging the move to shift the NCLT Kolkata premises located near the High Court, to a new building in the city's New Town area, as proposed by the Ministry of Corporate Affairs.A division bench of Justices Rajarshi Bharadwaj and Apurba Sinha Ray held: "The question, however, is not whether the shift in location...

[NDPS Act] Default Bail Can't Be Granted Upon Timely Filing Of Chargesheet, Even If Not Accompanied With Chemical Report: Calcutta High Court

The Calcutta High Court bench of Justices Debangsu Basak and Md. Shabbar Rashidi has held that the right to default bail is defeated once a chargesheet is filed within the statutory time period. Even if the chargesheet is not accompanied by a Chemical Examination Report, it cannot be deemed incomplete provided the evidence collected during the investigation is sufficient to proceed against the accused. A charge sheet without the Chemical Examination Report filed within time is nonetheless a...

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...

Calcutta High Court Monthly Digest: May 2025

NOMINAL INDEXProfessor Bidyut Chakraborty and Ors. Versus The State of West Bengal & Anr Citation: 2025 LiveLaw (Cal) 98Padmavathi Sakkinala v. State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 99Asish Kumar Sen @ Bapi v/s. The State of West Bengal & Anr. Citation: 2025 LiveLaw (Cal) 100P & P Business Private Limited vs. Marco Francesco Shoes (India) Private...

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...