Kolkata Court April 2005 Judgments
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Century Plyboards (India) Ltd. Vs. Assam Wood and Allied Products
Court: Kolkata
Decided on: Apr-20-2005
Reported in: 2005(2)CHN655,2005(30)PTC604(Cal)
Bhaskar Bhattacharya, J.1. This first miscellaneous appeal is at the instance of a plaintiff in a suit for declaration and injunction alleging violation of registered trade mark and complaining 'passing off' and is directed against Order No. 17 dated January 10, 2005 passed by the learned Judge, 7th Bench, City Civil Court at Calcutta in Title Suit No. 258 of 2004 thereby rejecting an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the appellant for restraining the respondents from committing breach of trade mark and passing off its goods as that of appellant.2. The appellant filed the aforesaid suit in the City Civil Court at Calcutta thereby praying for the following relief:'(i) Declaration that the plaintiff alone is entitled to use the trade mark/word CENTURY in its business of plywood, block board and allied products; Declaration that the defendant shall have no right to use the word CENTURY and/or the word/name CENTURIAN being a derivative and dec...
Union of India (Uoi) and ors. Vs. Raj Kumar Jha
Court: Kolkata
Decided on: Apr-20-2005
Reported in: 2005(4)CHN129
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of Union of India and is directed against the order passed by a learned Single Judge of this Court dated 23rd April, 2003 in a writ application thereby setting aside the order of compulsory retirement imposed upon an employee and directing the employer to reconsider the question of punishment, although, the finding of guilt on the charge levelled against the employee was affirmed.2. The employer framed the following charges against the employee:Article of Charge No. 1'That No. 801390021 HC/GD R. K. Jha was detailed for 'B' shift on 5.10.2000 from 13.00 hrs. to 21.00 hrs. at HBP (L) for security duties with Arms. The said HC/GD scuffled with HC/GD S. N. Raju at about 21.05 hrs while handing over the charge of the duty as a result Rifle 7.62 mm (BA) Mark No. 2A Registered No. 42780 issued to him got damaged which tantamount to gross misconduct, most indiscipline and dereliction of duty and thus unbecoming of a good member...
Sukhendu Maity Vs. Abhinaba Prakashan and ors.
Court: Kolkata
Decided on: Apr-19-2005
Reported in: 2005(3)CHN1
Bhaskar Bhattacharya, J. 1. This appeal is at the instance of the defendant No. 1 in a suit for injunction and is directed against Order No. 12 dated 27th January, 2005 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Title Suit No. 1242 of 2004 thereby disposing of an application for temporary injunction filed by the plaintiff-respondent under Section 151 of the Code of Civil Procedure by restraining the present appellant from publishing 'Madhyamik Bhouta Bignyan' for Class IX and X through any other publisher than the respondent till the disposal of the suit.2. The facts leading to the filing of the present appeal may be encapsulated thus:The plaintiff-respondent filed a suit in the City Civil Court at Calcutta being Title Suit No. 1242 of 2004 thereby praying for an order of permanent injunction restraining the present appellant from publishing a book on Physical Science for Class IX and X as per new syllabus effective from the Academic Session 2005-2006. In ...
Nanda Dulal Dey Vs. Maya Dey and Judhistir De
Court: Kolkata
Decided on: Apr-19-2005
Reported in: (2005)3CALLT248(HC)
Narayan Chandra Sil, J.1. Both these civil revisions are taken up together for analogous consideration as both the civil revisions are directed against the same order being No. 56 dated 23.04.2004 passed by Sri N.K. Biswas, the learned Judge, Second Bench, City Civil Court at Calcutta rejecting the Miscellaneous Case No. 1700 of 2002 and 1701 of 2002 under Section 47 of the Code of Civil Procedure (hereinafter referred to as 'Code' only). It may be mentioned that common order was passed by the learned Judge in connection with Execution Case No. 39 and 40 both of 2001. Those two Execution Cases arose out of Money Suit Nos. 576 both of 1997 respectively.2. Instead of going into the details of the facts of the cases I like to confine myself to the facts which have come up before me at the time of arguments made by the learned Advocates for both the parties. It appears from the submissions that the petitioner did not appear before the learned Trial Court despite several opportunities given...
Pradip Kumar Mondal Vs. Ssk Broking Services Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Apr-19-2005
Reported in: AIR2005Cal353
ORDERAshim Kumar Banerjee, J.1. The petitioner had share transactions in respect of listed shares with a stock broker being the respondent No. 1 abovenamed. There had been disputes and differences between the parties. The petitioner approached Securities Exchange Board of India (SEBI) for redressal of his grievance. SEBI advised him to approach the National Stock Exchange. Accordingly, the petitioner approached the National Stock Exchange. The National Stock Exchange advised him to lodge his complaint in the form of a claim application and choose one of the Arbitrators from their panel for resolving the disputes by way of arbitration in accordance with the bye-laws of the Stock Exchange. The petitioner had chosen five names from the panel. Similarly, the stock broker also did the same thing. The Stock Exchange found one Mr. P. K. Sanyal common in both the panels and as such Mr. Sanyal was appointed Arbitrator as chosen by both the parties. Mr. Sanyal did not incline to act as Arbitrato...
Swagata Ghosh Vs. Debasis Ghosh
Court: Kolkata
Decided on: Apr-19-2005
Reported in: 2005(4)CHN716
Bhaskar Bhattacharya, J. 1. This appeal is at the instance of a wife in proceedings under Section 13B of the Hindu Marriage Act ('Act') and is directed against judgment and decree dated July 12, 2004 passed by the learned Trial Judge thereby passing a decree for divorce on mutual consent.2. The only question that arises for determination in this appeal is whether a Court dealing with an application under Section 13B of the Act is entitled to pass a decree on a petition under Section 13B of the Act notwithstanding the fact that on the date of hearing fixed after six months in terms of Sub-section (2) thereof, one of the parties did not appear and jointly move the application.3. The facts giving rise to filing of this appeal may be summed up thus:On 23rd September, 2003 an application under Section 13B of the Act was filed by both the parties and the Court fixed on 27th July. 2004 for hearing. Subsequently, on 23rd April, the husband filed a petition with the prayer for shifting the date...
The Oriental Insurance Co. Ltd. Vs. Arun Kumar Maitra and anr.
Court: Kolkata
Decided on: Apr-13-2005
Reported in: I(2006)ACC106,2006ACJ839,III(2006)BC73,(2005)3CALLT271(HC)
Jyotirmay Bhattacharya, J.1. Since common questions of law have been raised in all these three civil revisional applications, this Court proposes to dispose of all these three civil revisional applications by a common order.2. The following questions of law are involved in these revisional applications: -(i) Whether the provisions regarding execution of a decree as contained in Order 21 of the Code of Civil Procedure can be invoked in a proceeding for recovery of money from insurer under Section 174 of the Motor Vehicles Act, 1988 ?(ii) Whether the Manager of a nationalised bank can be regarded as a public officer as defined in Section 2 Sub-section (17) of the Civil Procedure Code ?3. By the orders impugned, the learned Judge, MAC Tribunal passed an order of attachment of the bank account of the respective insurance companies to the tune of the award money of the respective claimants and the Managers of the respective banks were directed to withdraw an amount equivalent to the awarded...
East Bengal Steam Services Ltd. Vs. East Bengal Steam Service and Engg ...
Court: Kolkata
Decided on: Apr-13-2005
Reported in: 2006(3)CHN201
V.S. Sirpurkar, C.J.1. In this appeal, the order by the learned Single Judge of this Court is in challenge. By that order, the learned Judge allowed the application filed by the respondent East Bengal River Steam Services & Engineering Works Workers' Co-operative Industrial Society. By that application, the Society had sought dismissal of Suit No. 1 of 1983 filed by the present appellant against the respondent. In their application it was pointed out by the respondent that this suit was instituted in the year 1983 and yet the plaintiff appellant herein did not serve the defendant No. 1 with the summons for the instant suit or any copy of the plaint. The learned Judge accepted this application and has dismissed the suit necessitating the present appeal.2. Following factual background would help in understanding the controversy. A civil suit came to be filed by the defendant No. 4 United Bank of India (hereinafter called 'the Bank') praying therein for a decree of Rs. 1,13,45,161.75 and ...
Employees' State Insurance Corporation and Anr. Vs. Birla Corporation ...
Court: Kolkata
Decided on: Apr-11-2005
Reported in: (2005)2CALLT637(HC),2005(3)CHN547,[2005(107)FLR560]
Asit Kumar Bisi, J.1. The instant application under Article 227 of the Constitution of India preferred by the petitioners arises out of order No. 3 dated 22nd September, 2003 and order No. 4 dated 28th October, 2003 passed by the learned Judge, Employees' Insurance Court, West Bengal in Tender Case No. 80 of 2003.2. The Employees' State Insurance Corporation (hereinafter referred to as the Corporation) and its Recovery Officer being petitioner Nos. 1 and 2 respectively have filed the instant application under Article 227 of the Constitution of India alleging inter alia that the opposite party, Birla Corporation Ltd., is a company registered under the Companies Act, 1956 having inter alia its manufacturing unit, namely Birlapur Service Division situated at Birlapur, Dist. 24-Parganas (South) and is covered under the Employees' State Insurance Act (hereinafter referred to as the Act). The principal employers of the said company were/are liable to comply with the provisions of the Act and...
Pijush Kanti Dasgupta Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Apr-11-2005
Reported in: 2005(4)CHN88
Narayan Chandra Sil, J.1. Both the criminal revisions are taken up together for the sake of convenience and again as those are directed against the same order impugned. By order dated 20.09.2004 the learned Judicial Magistrate, 3rd Court, Alipore passed an order in connection with Complaint Case No. C-4415 of 2003 under Section 138 of the Negotiable Instruments Act. The maintainability of that petition was challenged by the accused before the learned Magistrate and after hearing both the parties the learned Magistrate was pleased to reject the question of maintainability raised by the accused before him. The question agitated before the learned Magistrate was that the complainant had issued two notices dated 27.06.2003 and thereafter dated 21.07.2003.2. Mr. Krishnendu Bhattacharjee, the learned Advocate appearing for the petitioner has submitted that where two notices are issued and the case is filed on the basis of the second notice, the second notice is bad in law and in this connect...
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