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Calcutta High Court

HC quashes Order passed hastily without considering objection of Assessee

June 28, 2021 951 Views 0 comment Print

Parvati Resources Pvt. Ltd. Vs ITO (Calcutta High Court) HC finds that the contention of the respondents that it was time barring matter is not acceptable in view of the fact that the relevant assessment order to be revised was received by the petitioner on 4th February, 2020 and as per the statute, limitation is […]

Calcutta HC takes Cognizance of Wastage of Medicines in Govt Hospitals

June 22, 2021 2337 Views 0 comment Print

Court on its own motion Vs State of West Bengal and others (Calcutta High Court) There is a need to develop a mechanism whereby wasteful expenditure on purchase of medicines in different hospitals and also the medical colleges which are not required and have to be thrown in dustbin after its expiry, need to be […]

Mandatory enquiry u/s 202 of Code even if accused resided beyond territorial jurisdiction of Trial Court

June 11, 2021 13500 Views 0 comment Print

As the law required that an enquiry be held under Section 202 of the Code if the accused stayed outside the Court’s jurisdiction, such enquiry had to be undertaken in clear terms and the Trial Court, after making such enquiry whether by taking evidence on affidavit or by restricting the enquiry to examination of documents or not, was required to decide whether there were sufficient grounds to issue process against the accused.

No bar on ED to file appeal under section 26 of PML Act, through Assistant Director

June 10, 2021 3405 Views 0 comment Print

Nillesh Parrekh Vs Assistant Director (Calcutta High Court) The Enforcement Directorate (ED) happens to be the specialised financial Investigating Agency under the Department of Revenue, which is entrusted to enforce the provisions of the Prevention of Money Laundering Act, 2002 (PML Act). As such, it will be utterly fallacious to suppose that only the Director […]

Appeal – Limitation – Liberal approach to be followed during Covid

June 7, 2021 2241 Views 2 comments Print

Shree Jagannath Traders Vs Commissioner of State Tax Odisha (Orissa High Court) Mr. Narasingh, learned counsel for the Petitioner, points out that while the appeal was accompanied by the downloaded printed copy of the order appealed against at the time of filling of the appeal, it was not accompanied by the certified copy thereof at […]

Offence under PMLA includes ‘Scheduled Offence’ & ‘Offence of money-laundering’

April 23, 2021 21603 Views 0 comment Print

Fairdeal Supplies Limited & Anr.Vs. Union of India & Ors. (Calcutta High Court) (i) On a plain reading of Section 2(1)(y) and Section 3 of the PMLA , it appears to me that the legislature has bifurcated the offence under PMLA into “Scheduled Offence” and “Offence of money-laundering”. “Scheduled Offence” are provided in Part A […]

HC quashes Look-Out Circular Issued against Merchant Navy Captain

April 20, 2021 2847 Views 0 comment Print

Mritunjay Singh Vs. Union of India and others (Calcutta High Court) FULL TEXT OF THE JUDGMENT/ORDER of CALCUTTA HIGH COURT 1. The present challenge is against a Look-Out Circular (LOC) issued against the petitioner. The petitioner is a Captain of the Merchant Navy and stays on the high seas for the most part of the year, […]

Amendment to Prohibition of Benami Property Transactions Act, 1988 – Prospective or retrospective?

April 16, 2021 2067 Views 0 comment Print

Deific Abode LLP Vs Union of India (Calcutta High Court) The fundamental point of contention, as advanced by Mr. Khaitan, learned Senior Advocate, appearing on behalf of the petitioners, is the unconscionable and illegal ‘retrospective applicability’ of the 1988 Act, leading to these proceedings. When the matter was last taken up, Mr. Khaitan had conspicuously […]

Residential certificate is not a proof of citizenship: HC

April 6, 2021 1368 Views 0 comment Print

Re. Khadija Begam (Calcutta High Court) The Calcutta High Court has recently observed that It is needless to say that residential certificate may be obtained by any resident, he may be an Indian National or Foreign National, if he stays at a particular place. Residential certificate is not a proof of citizenship. FULL TEXT OF […]

Kolkata HC stays removal of erstwhile Auditors of Allahabad Bank

March 31, 2021 8199 Views 1 comment Print

It is the case of the petitioners that they have been appointed as Statutory Branch Auditors by the erstwhile Allahabad Bank, which has now been merged into Indian Bank.

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