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Guwahati Court November 2001 Judgments

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Nov 29 2001

Bawa Masala Company Vs. Bawa Masala Co. P. Ltd. and ors.

Court: Guwahati

Decided on: Nov-29-2001

R.S. Mongia, C.J.1. The dispute regarding the use of the trade marks between the present parties was the subject of adjudication before the Delhi High Court in Case No. CM (M) No. 601/2001 (Baba Jagmohan Singh and Ors. v. The Registrar of Trade Marks and Ors.). The said application was disposed of by the Delhi High Court on 16th October, 2001 in the following terms :'The proprietor of a registered trade mark acquires certain rights in the trade mark which are prima facie different from a mere right to use the trade mark. Counsel for respondents 2 to 5 have submitted at the Bar that they are not opposed to using of the registered trade mark in question by petitioner No. 1 within the limits of the territories allotted to him under the MOU. But they have not stated that other rights which accrued to the proprietor of the trade mark will also be available to the petitioner under the provisions of the Act.There is prima facie case in favour of the grant of such a stay order. The petitioner...


Nov 29 2001

Kanan Bala Banik Vs. Babul Chandra Deb

Court: Guwahati

Decided on: Nov-29-2001

H.K.K. Singh, J.1. In this application under Article 227 of the Constitution of India the petitioner has prayed for quashing the judgment and order dated 25.11.1999 passed by the learned District Judge, West Tripura, Agartala in R.C. Revision No. 1 of 1999 dismissing the Revision Petition and up-holding the judgment dated 2.12.1998 passed by Civil Judge, SR. Division, Court No. 1, West Tripura, Agartala acting as Appellate Authority in Rent Control Court Appeal No. 5 of 1998 thereby upholding the judgment and order dated 7.7.1998 passed by Civil Judge, Jr. Division, West Tripura, Agartala (Rent Control Court) in R.C.C. 11/81 thereby ordering eviction of the petitioner tenants.2. The respondents 1 and 2 who are the landlords and owners of the premises, while they were minors, brought proceedings before the Rent Control Court praying for eviction of the tenants. The present respondents are the legal heirs of the original tenants. The grounds on which the eviction has been sought for are...


Nov 27 2001

Mahantam Kr. Pandit Vs. Pannalal Ghosh and ors.

Court: Guwahati

Decided on: Nov-27-2001

H.K.K. Singh, J. 1. This appeal under Section 54 of the Land Acquisition Act is against the judgment and award dated 3.5.1995 passed by the learned L.A. Judge (Chief Judge) North Tripura Kailasahar in Misc. L.A. Case No. 13 of 1989 awarding compensation in favour of the respondents herein in a reference made by the Collector under Section 30 of the Land Acquisition Act in connection with acquisition of a piece of land under C.S. Plot No. 1693/3481 (Part) and 1693/3482 (Part) having an area of 0.10 acres under Khatia No. 379 for the purpose of construction of public road from Pabiacherra Bazar to Dharmanagar Darchaibari, The present appellant raised a claim for compensation so also the respondents herein and after inquiry the Collector made the award in favour of the appellant herein and at the instance of the respondents, the Collector made a reference under Section 30 of the Land Acquisition Act and the learned L. A. Judge, after hearing the parties, made the award in favour of the ...


Nov 18 2001

Jibeswar Das and ors. Vs. State of Assam and ors.

Court: Guwahati

Decided on: Nov-18-2001

A.H. Saikia, J. 1. Heard Mr. B.K. Sarma, Learned Sr. Counsel assisted by Mrs. R. Bora, Learned Counsel for the petitioners and also heard Mr. A. Thakur, Learned Govt., Counsel appearing on behalf of State respondents. 2. The only grievance of the petitioner's in this writ petition is that they have been deprived of their correct revised scale of pay on refixation as given with effect from 9.3.1990. The petitioners were appointed as Sericulture Demonstrators in the month of March, 1990 under the Respondent No. 3, the Director of Sericulture, Assam, Guwahati-22. The Initial pay of the petitioners have been re-fixed with effect from 9.3.1990 in the scale of pay as Rs. 1205 p.m. from Rs. 1188 p.m. vide order dated 23.4.1998. A specimen copy of the order dated 23.4.1998 has been annexed as Annexure-1 to this writ petition which reads as follows : '............. Consequent upon the revision of pay scale on the strength of Govt. publication vide No. FPC 24/90/128, Dt. 6.12.1990, the initial...


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