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Trending news from Calcutta High Court [ 4th july to 7th july]

Panasam Akshara | Calcutta HC

"Four years long battle haa come to an end,thankful till last day of my life ":Babita

Babita Sarkar sat for SSC exam on December 4,2016;merit list published on November 26,2016.Her name was on waiting list, usually after selecting job seekers from panel list waiting list will be considered.So,babita was full of hopes,but the job is not available anymore.All the job seekers joined a movement and demanded to publish the list.From the list it can seen that Babita is in number 20 and after the second counseling her name shifts to number 21 because of Ankita daughter of state minister for education Paresh Adhikari taking her place by some kind of invisible magic.Now,Baibta Sarkar approached Calcutta High Court demanding justice.Court ordered cancellation of painting job and asked to return 43months salary received by her while working which has been paid by minister in first installment.As per High Court babita got job in painting vacancy and she received salary which she wants to spend for social welfare work.After joining Babita says," I finally won 4year long battle I wanted to see myself as a teacher and that day has come to life,I am very happy" she thanked Calcutta High Court Judge Abhijit Gangopadhyay and said "He is god deprived for job seekers, corruption has come to fore because of his prudence and , I'm grateful for what he has done for us till the last day of my life and I'm equally thankful to the lawyer".

Habeas Corpus case filed by parents on their daughter for choosing different sexual orientation.

Calcutta High Court having a division bench without making direct reference observed that society should be sensitive about people with different sexual orientation.'certain things might appear different in social structure and if difference is evident in any individual the society should be sensitive and adopt the changes' Hight Court's division bench consisting of Justice Tapabrata Chakraborty and Justice Raja Basu Chowdhury observes in habeas corpus case relating to women with different sexual orientation and her parents.A college student having inclination to same-sex relationship became medium of ridicule for relatives following which parents have faced many questions from neighbours and relatives,they were unable to bear the social stigma and arranged for her marriage.Feeling that marriage would be disaster for her and her spouse women left the house and started to live in NGO in South Kolkata.Parents reached the NGO with the police, but the women refused to go back and gave a self declaration in writing that "she is an adult and voluntarily decides to reside at NGO and no one had put any kind of pressure on her".She mentioned that she voluntarily wants to stay away from ancestral residence,as it was very difficult for her to answer the questions of relatives and society.Parents approached Calcutta High Court,even in the court women clearly Said that she wants to stay away from her parents after examining all the documents court has dismissed habeas corpus filed by the parents.The division bench observed that society should be sensitive about feelings of others in such cases ,it is totally unjust to get isolated from parents who faced hardship in his/her upbringing.Petitioner and Senior Counsel of the Calcutta High Court Kaushik Gupta said"his extremely happy that division bench has put forth individual rights as regard to gender identity or sexual orientation.

Names recommended by ruling party lawmakers haven't qualified written test for teacher jobs.

A list of present and former Trinamool Congress Legislators including a minister recommending out of turn teachers recruitment by West Bengal School Service Commission (WBSSC) was submitted to Calcutta High Court.Counsel for petitioner submitted copies of recommendations on letterheads of sitting and former legislators duly signed by them to a division bench of Chief Justice Prakash Srivastav.However,names recommended by ruling party lawmakers haven't qualified written test for teacher recruitment by WBSSC.When current state commerce and industries minister and trinamool secretary general Partha Chatterjee was education minister.Public representatives that are involved in the matter are state fisheries minister Akhil Giri,former Hooghly legislator and former Bijpur lawmaker against whom there is an ongoing case in Calcutta High Court for disqualification since he rejoined the Trinamool after 2021 assembly poll.CBI and ED are conducting investigation in the WBSSC recruitment irregularities scam,269 applicants have lost their jobs following the order of single judge bench as all of them got jobs flouting norms and disqualification in the exam Chatterjee also been grilled more than once by CBI in the matter.

Services provided by banks shall not be exempted from Integrated tax in the latest notification.

Case-Ramesh Kumar Patodia v.Citi Bank Na and Ors

Calcutta High Court, single bench of Justice Hiranmay Bhattacharya held services rendered by banks extending loan amount to credit card services and interest components of EMI of loan was interest involved in credit card services which is excluded from exemption conferred under latest notification regarding integrated tax.Prtitioner Ramesh Kumar availed loan in Citi Bank,the loan was repayable with interest.The bank charged 18%IGST on initial interest amount and further interest.The petitioner requested to reverse the charged IGST amount but the bank did not do so.Against this petitioner filed writ petition before Calcutta High Court.Petitioner urged court to reverse the charged IGST and inform the same to the respondent as well as authorities.Respondent submitted that loan was extended on the basis of credit card issued by bank,they contended that interest component of EMI was on account of credit card services which are not exempted as per notification.After verifying all the relevant documents and examining the arguments Court held that services rendered by bank by way of extending loans to petitioner amountec to credit card services and that the interest component of EMI of said loan was interest involved in credit card services which are not exempted by notification regarding Integrated Tax.Hence the court dismissed writ petition.

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