Kolkata Court April 1999 Judgments
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Reckitt and Colman of India Ltd. Vs. Jyothi Laboratories Ltd. and ors.
Court: Kolkata
Decided on: Apr-19-1999
Reported in: (1999)2CALLT230(HC)
The Court 1. The appellant manufactures ultra marine indigo (neel) both in llqutd and powder form under the trade name of Robin Blue (referred to as the product). The product is used for whitening fabric. The respondent No. I also sells a whitening agent which is an 'Insta violate concentrate' under the trade name 'Ujala'. The respondent No.2 is the respondent No. 1's advertising agency.2. This is the third round in a tussle between the respondent No. 1 and the appellant with regard to the advertisements issued by the respondent No.1 to promote its -product. The first was in respect of a printed advertisement which was in Bengali. The Advertisement gave reasons why neel should never be used. This advertisement was the subject matter of a suit in this court. An exparte interim order was passed restraining the publication of the advertisement. This was confirmed after the filing of affidavits on 24th March, 1998. According to the respondent No.1, pursuant to this order that particular ad...
Amar Steel Industries Vs. Commissioner of Customs
Court: Kolkata
Decided on: Apr-19-1999
Reported in: 1999(113)ELT33(Cal)
Ajoy Nath Ray, J.1. These four writ petitions are taken up together and disposed of by this common order without calling for affidavits.2. Arguments on points of law were heard, after giving notice to the parties for one week, and in my opinion, the matter is so short and simple, that calling for affidavits would be an unnecessary of wastage of time and energy.3. Each of the cases relates to the Kar Vivad Samadhan Scheme. In each of the cases the Designated Authority has rejected the declaration on the basis that there is no show cause notice or notice of demand within the meaning of Section 95(ii)(b) of the Finance (No. 2) Act, 1998.4. In each of the cases the writ petitioners paid the basic duty on the imported ships which were brought in for dismantling. There was a dispute regarding payment of countervailing duty in each of the four cases.5. By reason of an order passed by the Division Bench of this Court on 17-5-1993, the writ petitioners were allowed to take delivery on furnishin...
Mina Bose Vs. Antara Kundu
Court: Kolkata
Decided on: Apr-16-1999
Reported in: (1999)2CALLT312(HC),1999(1)CHN535
The Court 1. The respondent is the owner of the suit premises No. 60B, Raja Dinendra Street, Calcutta 700 006. He filed Title Suit No. 19 of 1994 in the court of 2nd Munsif, Sealdah for eviction of the appellant and for certain other reliefs under the West Bengal Premises Tenancy Act, 1956 (referred to as the Act). The defendant appellant engaged an advocate to look after her interests in the suit.2. An application under section 17(2A) of the Act was filed on behalf of the appellant and pursuant to the order of the court passed on that application she has been depositing rente in respect of the said premises in the court.3. On 18th November, 1997, the Plaintiff respondent filed an application under clause 13 of the Letters Patent read with section 24 of the Code of Civil Procedure for transferring the said suit from the court of the 2nd Munsif at Sealdah to this court.4. The appellant defendant having been served with a copy of the application engaged an advocate, viz Sri Bratlndra Nar...
Bajrang Lal Agarwal and ors. Vs. the Council for the Indian School Cer ...
Court: Kolkata
Decided on: Apr-16-1999
Reported in: (1999)2CALLT485(HC)
S.B. Sinha, J. 1. These appeals are directed against an order dated 27th January. 1999 passed by a learned single Judge in W.P.'No. 5S69(W) of 1998, whereby and whereunder the learned Judge dismissed the writ application.2. An appeal had been filed on behalf of Bajrang Lal Agarwal, guardian of the student being appeal No. M.A.T. 320 of 1999 upon obtaining leave of this court. An appeal has also been filed against the said order by the Managing Committee of the School being M.A.T. 392 of 1999. By an interim order dated 12.2.99. this court passed the following order:'Although normally this court in a case where no affiliation exists does not allow students of an unaffiltated institution to appear at the examination keeping in view the decisions of this court as also the Supreme Court of india, however, having heard the learned counsel for the parties at great length, we are of the opinion that these appeals raise substantial questions of law as regards interpretation of the provisions of...
Manindra Nath Dey Vs. Panna Devi Agarwal and ors.
Court: Kolkata
Decided on: Apr-16-1999
Reported in: (1999)2CALLT504(HC)
D.B. Dutta, J. 1. The present application under section 115 of the Code of Civil Pocednre is directed against order dated 6.3.1999 passed by the learned Munsif Sealdah whereby the learned Civil Judge, Junior Division, Senldah granted stay of Execution Case No. 8 of 1999 till the disposal of Misc. Case No. 25 of 1999. The plaintiff/petitioner filed a suit, being Title suit No. 295 of 1996 for eviction of the opposite parties respondents. The learned Munslf proceeded to hear the suit exparte in view of the fact that the defendant did not appear in spite of the service of summons and upon consideration of the materials placed by the plaintiff/petitioner, the learned Judge was pleased to decree the suit exparte. The said decree was put into execution and during the pendency of the execution, the defendant, opposite parties came forward with an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the exparte decree and for restoration of the suit on the allegat...
Ashish Kumar Roy and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Apr-16-1999
Reported in: AIR1999Cal242,(1999)3CALLT466(HC)
ORDERK.J. Sengupta, J.1. In this petition the petitioner being the learned Member of the Bar Association (the respondent No. 3) has challenged the vires of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 (hereinafter referred to as the said Act).2. In the petition it has been alleged amongst other that they being the regular practitioners of this Court are seriously affected as they are having substantial practice in litigations of land laws in the event the said Act comes in operation.3. In the petition the sum and substance of the challenge as against the Act are given hereunder.(i) It is not a Tribunal within the meaning of the provision of Article 323-B(1) of Clause (d) as it lacks all the attributes of this Article.(ii) The jurisdiction, power and authority of the Tribunal as mentioned in Sections 6, 7 and 8 of the Act are ultra vires Constitution of India as it intends to take away the power of judicial review of the High Court under Articles 226 and 227 of the Consti...
Jiwanmal Dugar and anr. Vs. State and ors.
Court: Kolkata
Decided on: Apr-16-1999
Reported in: 1999CriLJ4487
ORDERD.P. Sarkar-II, J.1. This an application under Section 482, Cr.P.C. with the prayer for quashing the G.R. Case 671 of 1995, In which the learned Judicial Magistrate, 3rd Court Krishnagar, Nadia took cognizance on the basis of the chargesheet filed by the police after investigation under Section 420/34/120B, I.P.C. Out of the particular G.R. Case two revisional applications have been filed, namelt, C.R.R. 1883 of 1997 and the other is C.R.R. 2689 of 1998. Both the cases were heard in part long back and on the prayer of the de facto complainant they were adjourned.2. The learned senior Advocate appearing on behalf of the de facto complainant, namely, Mr. Milan Mukherjee on last Tuesday, on being enquired of by this Court agreed to complete the hearing of this particular case. Today when the matter is taken up, the learned Advocate for the petitioner is present and the junior of Mr. Mukherjee is present but he prays for short adjournment. As the matter is pending for a long in a part...
Sambhu Nath Das Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-16-1999
Reported in: 1999CriLJ2648
Sujit Barman Roy, J. 1. This appeal is directed against the judgment dated 23-6-93 passed by the learned Sessions Judge, 2nd Bench, City Sessions Court, Calcutta in Sessions Case No. 67 of 1992 (Sessions Trial No. 1 of February, 1992) convicting the appellant under Section 302, I.P.C. and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Rs. 2,000/- and in default to undergo R.I. for further six months.2. Prosecution case, in short, is that on 9-5-92 at or about 2.35 p.m. P. W. 1 Smt. Laxmi Karmakar lodged an oral complaint before Jorasanko P.S alleging, inter alia, that for the proceeding one year the informant was residing as a tenant at Lankapara, Khidirpur. About 14 years prior thereto her husband died. To earn her livelihood and to maintain her children, she had to work as domestic help in various houses. She had three children. The eldest one being daughter Kalpana (since deceased) was given in marriage with the appellant and since her marriage her da...
M/S. Abl Ltd., Durgapur, Burdwan Vs. Radha Gobinda Ghatak and ors.
Court: Kolkata
Decided on: Apr-13-1999
Reported in: (2000)2CALLT302(HC),1999(1)CHN645,[2000(86)FLR721],(2000)ILLJ686Cal
S.B. Sinha, J.1. This appeal is directed against a Judgment and order dated 21.1.99 passed by a learned single Judge of this Court whereby and whereunder the writ petition filed by the 1st respondent herein questioning an award dated 30.6.97 passed by the 9th Industrial Tribunal, Durgapur in case No. X-4/1994 was allowed.2. The basic fact of the matter is not in dispute.3. The 1st respondent was working with the appellant herein since 12th October, 1972. The 1st respondent on the ground of his illness went on medical leave from 7.2.98 to 14.2.98. He allegedly submitted his joining report but according to the respondent No.1 such joining report had not been made to a person authorised in that regard in terms of two circulars issued by the appellant. The terms and conditions of service of the workmen were governed by the Standing Order of the Company certified under the Industrial Employment (Standing Orders) Act, 1946. Clause 2 of section C of the said certified standing order deals wit...
Biswanath Mitra Vs. Sri Mihir Kiran Banerjee and anr.
Court: Kolkata
Decided on: Apr-13-1999
Reported in: (1999)2CALLT261(HC)
V.K. Gupta, J.1. It has been more than 25 years since the original suit seeking the eviction of the appellant from the premises in question was filed. That was the Ejectment Suit No. 345 of 1974. That suit was decreed on 13th May, 1977. Ever since, the appellant has been successfully stalling the execution of the decree by taking recourses to one method or the other by filling objections in the execution proceedings, by filing applications after applications, using all available provisions of law. Filing of civil suit in one form or the other was resorted to by the appellant. At one stage, even subtenants were set as plaintiffs/applicants to frustrate the decree and its execution. In these past 25 years, the appellant has succeeded in staling the execution of the decree, this appeal being the last (hopefully, so) in the long chain of all such events.2. On 26th November, 1997, when the execution proceedings were on, an application came to be filed by the appellant in the Executing court...
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