Kolkata Court August 2009 Judgments
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Kamal Trading Private Limited and ors. Vs. the State of West Bengal an ...
Court: Kolkata
Decided on: Aug-19-2009
Ashim Kumar Banerjee, J.1. Seventeen owners including the writ petitioner Nos. 2 to 5 owned premises No. 10, Camac Street, Calcutta-700017. They entrusted the writ petitioner No. 1 to look after the day-to-day management and maintenance of the said building as also litigate on their behalf protecting their interest in the said premises in question. The said building was a multi storeyed one. 2. The writ petition was filed challenging the continuance of the order of requisition in respect of first, second, third, fourth and tenth floor of the premises in question. In the present appeal we are concerned with the second and fourth floor of the said premises in question which is presently under occupation of the State. 3. The second floor is under the possession of West Bengal Pollution Control Board whereas the fourth floor is occupied by the Refugee Rehabilitation Commissioner's Department. The State initially requisitioned the floors vide order dated September 16, 1972 under the provisi...
MotIn Saikh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-19-2009
Dipankar Datta, J.1. The petitioner and the sixth respondent were contenders for appointment to a post of Group C staff in Pathardanga Sarbapalli High School (hereafter the school). An interview was conducted on 14.11.2008 wherein both participated. A panel was prepared by the selection committee in which the petitioner and the sixth respondent secured first and third positions respectively, which was later on accepted by the Managing Committee of the school and forwarded to the office of the District Inspector of Schools (S.E.), Burdwan on 17.11.2008. The District Inspector approved the panel on that very date. In pursuance thereof, the school issued offer of appointment in favour of the petitioner and he joined service on 19.11.2008. The District Inspector also approved his service on 7.12.2008.2. In the meantime, however, the sixth respondent invoked the writ jurisdiction of this Court by filing a petition wherein the process of selection was challenged by him. The writ petition was...
Rabindra Nath Sarkar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-19-2009
Dipankar Datta, J.1. Service of the petitioner as an Assistant Teacher in Hindi (Language Group) in Baruipara Rakhal Vidyapith (hereafter the School) was approved with effect from 20.12.1971. He has since retired from service on attaining the age of superannuation in May, 2008.2. On or about 6.2.2008 i.e. three months prior to the petitioner's retirement, the District Inspector of Schools (Secondary Education), Hooghly vide Memo No. 1128 addressed to the Headmaster of the School ordered that necessary steps are required to be taken at an early date for recovery/refund of overdrawn salary by the petitioner and furnished to his end along with original challan. This order of the District Inspector forms the subject matter of challenge in the present petition.3. It is not in dispute that while in service, the petitioner had acquired Diploma in English Language and Training (hereafter DELT) sometime in 1979.4. In so far as fixation of pay of teachers of Government and non-Government Seconda...
Sakura Commercial Pvt. Ltd. Vs. Konica Traders Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Aug-18-2009
Bhaskar Bhattacharya, J.1. All these four appeals were heard analogously as those are interlinked and common questions of law are involved in these appeals. The facts leading to filing of these four appeals may be summed up thus: (a) On 18th May, 2005, a suit being Title Suit No. 807 of 2005 was filed by one Jagadish Prasad Jajoo in the Third Bench of the City Civil Court at Calcutta wherein M/s. MSTC Ltd. was made defendant No. 1, New Central Jute Mills Ltd. was made defendant No. 2 and Sakura Commercial Private Ltd. was made defendant No. 3. The prayer made in the suit was for declaration that the defendant No. 1 was obliged to accept quotation only from the plaintiff and other empanelled suppliers detailed in paragraph 9 with further prayer for declaration that the empanelment of the defendant No. 3 was illegal and inoperative and for permanent injunction restraining the defendant Nos. 1 and 2 from placing any order for supply of raw jute to any other persons than the empanelled sup...
Buddhadev Santra and anr. Vs. West Bengal State Minor Irrigation Corpo ...
Court: Kolkata
Decided on: Aug-12-2009
Dipankar Datta, J.1. The short question that arises for determination on this petition is whether the respondents were justified in denying the petitioners the benefits of Career Advancement Scheme. 2. The petitioners are employees of West Bengal State Minor Irrigation Corporation Limited, an undertaking of the State Government (hereafter the Corporation). It is under the administrative control of the Department of Water Investigation and Development. 3. The petitioners are graduate engineers (civil). In 1972 they were engaged as Junior Engineers in Rural Engineering Services Scheme under the then Agriculture and Community Department Development of the State Government. The scheme having been wound up, both of them were appointed as Sub- Assistant Engineer (Civil) in the Corporation, in the scale of pay of Rs. 300-600/with a higher initial pay of Rs. 330/-. Such appointments were purely on temporary and ad-hoc basis for a period of six months with effect from 1.2.1975, terminable with ...
Susanto Mittra Vs. Radha Krishna Plastic and ors.
Court: Kolkata
Decided on: Aug-11-2009
Patherya, J.1. In a suit for infringement of the registered trade mark 'EVERLITE' and the petitioner's copyright in the artistic work including design this interim application has been filed for reliefs.2. The case of the petitioner is that it is registered in class 11 of the Trade Marks Act, 1999 and is entitled to use the trade mark 'EVERLITE SUPER' on its products. It also has a copyright in the artistic work and design. By virtue of Section 28 of the Trade Marks Act, 1999 it is entitled to exclusive user and the respondents by manufacturing products similar in design to that of the petitioner have infringed the design of the petitioner so also the copyright in the artistic work. The respondents by using the word 'EVER' in respect of its products has infringed the petitioner's trade mark. Hence this application has been filed and orders sought.3. No notice of this application has been served on the respondents as the petitioner apprehends steps prejudicial to its interest being take...
Bharat Sanchar Nigam Ltd. and ors. Vs. Kec International Ltd. and ors.
Court: Kolkata
Decided on: Aug-10-2009
Surinder Singh Nijjar, C.J.1. This appeal has been filed by Bharat Sanchar Nigam Ltd. (hereinafter referred to as the BSNL) against the judgment and order dated July 8, 2009 passed by Justice Sanjib Banerjee in W.P. No. 9770(w) of 2009. There is no dispute that the appellant is a Government Company and is engaged in running, maintaining, developing the modernization and widening of the telecommunication system of the country.2. On May 1, 2008, the appellant issued a notice inviting tenders (hereinafter referred to as NIT) which envisaged planning, designing, engineering, supply, installation, testing, commissioning and annual maintenance contract for 18 million lines of GSM/UMTS R6 equipments in four parts of BSNL network. The NIT is in four parts which are as follows:i) Part 1 = covers planning, engineering, supply, installation, testing and commissioning of GSM based cellular network together with 3GPP R4 Core, IMS, IN and VAS.ii) Part 2 = covers the planning, engineering of 3G netwo...
Vipul Amrutlal Shah Vs. Shree Venkatesh Films Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Aug-10-2009
Patherya, J.1. In a suit for infringement of copyright in 'Namastey London' (Hindi film) an interim application has been filed for interim reliefs.2. The case of the petitioner is that the suit is based on five causes of action - infringement of the cinematographic film, infringement of the literary works, infringement of the dramatic works, infringement of the author's special right and passing off action. The petitioner is the producer-director of reputed Hindi films. Under the banner Block Bluster Movie Entertainers the Hindi film was released. The story concept was conceived by the petitioner while the screen play and script was created by Suresh Nair and Ritesh Shah. By assignment the said screen play and script was assigned in favour of the petitioner who has become the owner of the copyright in the literary and dramatic works. By virtue of such copyright in the literary works and dramatic works the petitioner is entitled to exclusive right to exploit and reproduce the work under...
Rahamat Sanpui Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-10-2009
Pranab Kumar Deb, J.1. The issue revolves round the question as to whether an elected Pradhan can be removed pursuant to the adoption of resolution of 'no confidence motion' against him in a meeting which has been specifically convened to consider the issue as to whether Pradhan enjoys the confidence of house. In the aftermath of the Panchayat Election held in the month of June, 2008, the writ petitioner was elected as Pradhan of Netra Gram Panchayat. On 29/06/09 the writ petitioner received a requisitioned notice signed by the respondent Nos. 3 to 9, whereby he had been intimated that the requisitionists had lost their confidence in him. Accordingly, request was made to the Pradhan to take confidence of the Gram Panchayat by convening a meeting of the aforesaid Gram Panchayat. Pursuant to such notice, the writ petitioner as Pradhan called a meeting to discuss the issue as to whether Pradhan did have confidence of the members of the Gram Panchayat. 14/07/09 was fixed for discussion of ...
A and J MaIn and Co. Engineering Pvt. Ltd. Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-07-2009
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of the Referring claimants and is directed against an award dated 20th February, 2004 passed by the learned L.A. Tribunal, Howrah in L.A. Case No. 24 of 2000 thereby allowing the Reference Proceedings in part. The learned Tribunal below enhanced the rate of compensation for the acquired land to Rs. 52,500/- per cottah from Rs. 11,990/- per cottah awarded by the Collector. The compensation for structure was also enhanced to Rs. 4 lakh from Rs. 1,86,242/- awarded by the Collector. The claimant was given special damages due to severance of the property at the rate of 5% of the land-value together with solatium and interest in terms of the Land Acquisition Act. 2. Being dissatisfied, the Referring claimant has come up with the present first appeal. 3. The L.A. Collector, Howrah acquired 12 cottahs 28 and half sq. ft. of land being the front portion of holding No. 151, Andul Road, Howrah with structure for the purpose of constr...
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