Kolkata Court August 2003 Judgments
Heinz Italia Sr. L. and anr. Vs. Dabur India Limited and ors.
Court: Kolkata
Decided on: Aug-29-2003
Reported in: (2004)1CALLT142(HC)
Mahemmad Habeeb Shams Ansari, J.1. Having heard Mr. Gautam Chakraborty, learned senior counsel, assisted by Mr. R. Bachawat, learned counsel appearing for the plaintiffs-petitioners and Mr. S. Sarker learned counsel along with Mr. Utpal Bose learned counsel for respondent-defendants and in the view formed by this Court, only certain relevant facts need to be stated. They are.2. The first plaintiff claims to be the proprietor in India of inter alia the trade mark GLUCON-D registered under No. 304644 in class 30 and application for registration of the label in which the goods under the trade mark GLUCON-D were sold is pending with the Registrar of Trademarks including the application for recordal of the first plaintiff as the subsequent proprietor of the aforesaid trademarks are pending with the Registrar of Trademarks as also application for registration of present labels for the goods sold under trademark GLUCON-D are pending with the Registrar of Trademarks. The same trademark is clai...
Tag this Judgment!Ashis Kanti Dutta Gupta and anr. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Aug-29-2003
Reported in: 2004(1)CHN689,2004(29)PTC718(Cal)
Jayanta Kumar Biswas, J.1. This application dated 20th January, 1998 has been filed under Section 482 of the Code of Criminal Procedure. By this application the petitioners pray for quashing of G.R. Case No. 2227 of 1997 arising out of Jagacha Police Station Case No. 106 of 1997. The case is pending in the Court of the learned Sub-Divisional Judicial Magistrate, Howrah.2. The opposite party No. 1 filed a petition of complaint under Sections 420, 120B of the Indian Penal Code read with Sections 78, 79 of the Trade and Merchandise Marks Act, 1958. The petitioners were impleaded as accused Nos. 3 and 4 in the said petition of complaint, while the accused Nos. 1 and 2 were their employees. It was alleged that the petitioners in violation of regulations of the Trade and Merchandise Marks Act were selling duplicate paddy thrashing machines registered under trade mark 'Puspak' when the complainant was the authorised dealer of such Puspak paddy thrashing machine. It was alleged that such actio...
Tag this Judgment!Duncan Gleneagles Hospital Ltd. and Anr. Vs. Employees' State Insuranc ...
Court: Kolkata
Decided on: Aug-29-2003
Reported in: [2004(101)FLR1139],(2004)ILLJ904Cal
Pranab Kumar Chattopadhyay, J.1. The petitioner company runs a hospital and according to the petitioners, service rendered by the petitioner company is patient health care service and such service is not covered by any notification of the Employees' State Insurance Act, 1948 (hereinafter referred to as ESI Act).2. The respondent authorities however, arranged inspections of the units of the petitioner company. Considering the inspection report submitted by the Inspector, concerned authority of the respondent Employees' State Insurance Corporation decided that both the units of the petitioner company should be treated as 'factory' within the purview of Section 2(12) of the ESI Act w.e.f. October 02, 1997 and the decision of the said respondent authorities regarding: coverage of the establishment of the petitioner company under ESI Act was communicated to the petitioner company by written communication dated November 23, 1998.3. The respondent Deputy Regional Director by another written c...
Tag this Judgment!West Bengal Electronics Industries Development Corporation Ltd. and or ...
Court: Kolkata
Decided on: Aug-29-2003
Reported in: [2004(101)FLR1136],(2004)IILLJ933Cal
Ashim Kumar Banerjee, J.1. The respondent No. 1 was the Chief Executive of the appellant No. 1 at the relevant point of time. Disputes and differences arose by and between the management and the respondents No. 1. In the afternoon of January 31, 1994 the respondent No. 1 went on special leave with effect from February 1, 1994. By a letter dated February 22, 1994 (Pages 52-53 of the paper book) the management offered him retirement. Since the respondent No. 1 did not accept such offer, his service was terminated by a letter dated March 23, 1994 (pages 54-55 of the paper book). Challenging such order of termination the respondent No. 1 moved this Court inter alia asking for his reinstatement. In the Affidavit-in-Opposition the respondent authority took a plea that the post in which the respondent No. 1 was acting stood abolished and as such there was no question of reinstatement. The learned single Judge giving credence to the sequence of events resulting in the order of termination came...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Minor Tanushree Mukherjee and ors.
Court: Kolkata
Decided on: Aug-29-2003
Reported in: I(2005)ACC652
S.P. Talukdar, J.1. The present appeal being No. 459 of 1999 is directed against the judgment/order dated 26th Augur t, 1997 passed by the learned 3rd Court of Additional District Judge-cum-MAC Tribunal, Nadia Krishnagar in MAC Case No. 413 of 1995.2. Respondents, namely Trnushree Mukherjee (minor) and Smt. Piyali Mukherjee, as claimants, filed in application under Section 140 of the Motor Vehicles Act read with Section 166 of Motor Vehicles Act, 1988 on account of death of Tarun Kumar Mukherjee.3. Grievances of the present respondents, as claimants, may briefly be stated as follows:4. On 7th September, 1995 at about 9.00 hrs. a vehicle being No. WB-11/6484 was rushing towards Calcutta via N.H. 34 at a high speed. At about 9 a.m. when it reached near Panchpota (Babla) of Santipur, Distt. Nadia, one of the tyres got punctured and the driver of the vehicle lost control. It dashed against a roadside tree. All the three occupants including the oww of the SHUJ vehicle were severely injured ...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Tanushree Mukherjee and ors.
Court: Kolkata
Decided on: Aug-29-2003
Reported in: 2004ACJ795
S.P. Talukdar, J. 1. The present appeal being No. 459 of 1999 is directed against the judgment/order dated 26.8.1997 passed by the learned 3rd Additional District Judge-cum-Motor Accidents Claims Tribunal, Nadia Krishanagar in M.A.C. Case No. 413 of 1995.2. Respondents, namely, Tanushree Mukherjee (minor) and Piyali Mukherjee, as claimants, filed an application under Section 140 of the Motor Vehicles Act read with Section 166 of Motor Vehicles Act, 1988 on account of death of Tarun Kumar Mukherjee.3. Grievances of the present respondents, as claimants, may briefly be stated as follows:On 7.9.1995 at about 9.00 hrs. a vehicle bearing No. WB 11-6484 was rushing towards Calcutta via N.H. 34 at a high speed. At about 9 a.m. when it reached near Panchpota (Babla) of Santipur, Distt. Nadia, one of the tyres got punctured and the driver of the vehicle lost control and it dashed against a roadside tree. All the three occupants including the owner of the said vehicle were severely injured and t...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Ananda Moyee Dikpati and ors.
Court: Kolkata
Decided on: Aug-29-2003
Reported in: 2004ACJ826
S.P. Talukdar, J.1. The present appeal is directed against the judgment and award passed on 23.6.1998 by learned Special Court-cum-M.A.C. Tribunal, Burdwan, in M.A.C.C. No. 24/205 of 1998.2. The relevant facts of the petitioners' case may briefly be stated as follows:One Satyaprasanna Dikpati, employee of Burdwan University, since deceased, while returning home on his scooter along G.T. Road on 1.5.1996 was knocked down by a bus No. WMH 59 at about 9 a.m. at Badamtala. As a result, he suffered instant death. He had an income of Rs. 6,400 per month as his salary. As a result of such accidental death, the petitioners who are his family members were put into terrible financial hardship. Such an accident took place due to rash and negligent driving of the said bus bearing No. WMH 59.3. National Insurance Co. Ltd., as the insurer of the said bus, contested the case by filing written statement wherein all the material allegations made by petitioners had been denied. The said company further ...
Tag this Judgment!State of West Bengal and ors. Vs. D.B. Enterprise and anr.
Court: Kolkata
Decided on: Aug-29-2003
Reported in: [2004]138STC143(Cal)
1. Heard counsel for the parties.2. This writ application has been filed by the petitioners challenging an order of the Tribunal dated June 27, 2003 in Case No. RN. 205 of 2003. By the said order the West Bengal Taxation Tribunal (hereinafter referred to as the Tribunal) stayed the operation of the provision of Section 39(4) of the West Bengal Sales Tax Act, 1994 (hereinafter referred to as the said Act). The Tribunal's view was that the balance of convenience demanded such an interim order of stay of operation of the amended portion of the said Act.3. On the basis of such finding the Tribunal restrained the respondent State authorities from giving effect to the provisions of Printed at page 145 supra. sub-section (4) of Section 39 of the said Act till the disposal of the application before the Tribunal and the Tribunal fixed the matter for hearing on September 17, 2003.4. The said interim order has been challenged before us on the basis of this writ petition by the State Government. L...
Tag this Judgment!Dipali Chattopadhyay and anr. Vs. New India Assurance Co. Ltd. and ors ...
Court: Kolkata
Decided on: Aug-29-2003
Reported in: I(2004)ACC760,2005ACJ923
S.P. Talukdar, J.1. The present appeal is directed against the judgment dated 31.8.2001 passed by the learned Judge, M.A.C. Tribunal, 3rd Court, Burdwan, in M.A.C.C. Nos. 96 and 404 of 2000.2. Applicants before the learned Tribunal, namely, Dipali Chattopadhyay and Saugat Chattopadhyay filed an application under Section 163-A of Motor Vehicles Act, 1988 praying for compensation for the death of Shyamal Chattopadhyay. The applicants stated before the learned Claims Tribunal in the said application that on 13.10.2000 the said Shyamal Chattopadhyay, since deceased, was going on his own scooter bearing the No. BR 9A-0510 along G.T. Road and at about 1.15 p.m. while it reached near Muchipara, Durgapur it dashed against a truck. As a result of the said accident, he died on the spot. New India Assurance Co. Ltd. is the concerned insurance company in respect of scooter bearing the No. BR 9A-0510 which was involved in the said accident. The victim, since deceased, was 55 years of age at the tim...
Tag this Judgment!Shaw Wallace Co. Ltd. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Aug-28-2003
Reported in: [2004]267ITR241(Cal)
Barin Ghosh, J.1. It is claimed by the income-tax authorities that in the balance-sheet of Visisth Chay Vyapar Ltd. (hereinafter referred to as 'VCVL') it has been shown that a sum in excess of Rs. 27 crores is due to it from the petitioner herein. It is also claimed by the income-tax authorities that they are entitled to receive a sum in excess of Rs. 27 crores from VCVL on account of arrear tax. It is the contention of the income-tax authorities that VCVL has failed and neglected to discharge the tax liabilities mentioned above. It is the contention of the income-tax authorities that in order to recover their said dues, steps have been taken under Section 226 of the Income-tax Act, 1961. The said section authorises the Assessing Officer, being the Tax Recovery Officer, to require any person from whom money is due or may become due to the assessee to pay so much of the money as is sufficient to pay the amount due by the assessee. In order to recover money from any such person concerne...
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