Calcutta HC held that criminal proceedings cannot be used to recover civil dues after failed IBC proceedings where essential criminal ingredients are absent.
Calcutta HC held that attachment under Section 107 BNSS requires objective “reason to believe,” not suspicion or assumption, while permitting a fresh application.
Calcutta HC granted anticipatory bail to one applicant considering her personal circumstances while rejecting the co-accused’s plea after examining the case diary.
Calcutta HC directed the Detective Department to conclude the pending ₹13 crore fraud investigation early and file its report before the Magistrate.
Calcutta HC held that Section 434 does not require a transfer application, allowing Company Courts to suo motu transfer eligible winding-up cases to NCLT.
The High Court held that a writ petition against a show cause notice is ordinarily not maintainable when adjudication has not begun. It directed the petitioner to file a detailed reply and permitted all issues to be decided during adjudication.
The Calcutta High Court held that a dispute arising from unpaid business invoices was civil in nature and did not disclose the ingredients of offences under the IPC. The criminal proceedings against the directors were accordingly quashed.
The Calcutta High Court held that the PCIT was not authorised to condone the delay in filing Form 10-IC for AY 2024-25 as the applicable CBDT circular covered only earlier assessment years. The Court quashed the order and directed the petitioner to approach the CBDT.
High Court held that the Company Court may transfer pending winding-up proceedings after applying its judicial mind where the proceedings have not reached an irreversible stage. The appeal challenging the transfer failed.
The Calcutta High Court dismissed the Revenues appeal after holding that the CIT(A) and ITAT had thoroughly examined the lenders’ creditworthiness. It found no substantial question of law warranting interference.
