Kolkata Court October 2012 Judgments
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Vs. the Deputy Registrar of Trade Marks,
Court: Kolkata
Decided on: Oct-11-2012
W.P.No.835 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side CAMPOMAR, SOCIEDAD LIMITADA AVDA Petitioner Versus THE DEPUTY REGISTRAR OF TRADE MARKS, TRADE MARK REGISTRY AT CALCUTTA & ANR. Respondents BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date :11. h October, 2012. For the petitioner For the respondents : Mr.S.Basu, Sr.Advocate with Mr.David Mantosh and MRS.Smruti Rekha Das Advocates Mr.Tushar Kanti Mukherjee, Advocate : The Court : order dated 27th The Registrar of Trade Marks by an January, 2003 conveyed to the petitioner that its application for registration of trademarks had been deemed to have been abandoned for the reason that no reply was received in response to a letter dated June 29, 1999. The petitioner applied for review of the said order of the Registrar by presenting an application in Form TM-57 along with the Statement of Case on 25th March, 2003. For the petitioner activating the did not take Registrar for seven long years thereafte...
Basant Kumar Birla and ors. Vs. Prakash Jha and ors.
Court: Kolkata
Decided on: Oct-11-2012
TA No.111 of 2012 T No.104 of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICITON Basant Kumar Birla & ORS.Versus Prakash Jha & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date:11. h October 2012 Appearance: Mr.Shaktinath Mookherjee, Sr.Advocate Mr.Sudipo Sarkar, Sr.Advocate Mr.S.N. Mookherjee, Sr.Advocate Mr.Tilak Kr. Bose, Sr.Advocate Mr.Arvind Jhunjhunwala, Advocate Ms.Mousumi Bhattacharya, Advocate Mr.Anirban Roy, Advocate Mr.Sounak Mitra, Advocate Ms.Anshumala Bansal, Advocate Ms.Nikita Jhunjhunwala, Advocate for the plaintiffs Mr.Pratap Chatterjee, Sr.Advocate Mr.Ranjan Bachawat, Advocate Mr.Debnath Ghosh, Advocate Mr.Anirban Guha, Advocate Mr.Rakesh Dev, Advocate Mr.H.Jha, Advocate Mr.R.Suryavanshi, Advocate for the defendant No.1 A Hindi film Chakravyuh is awaiting release on 24th October 2012. It is directed by Mr.Prakash Jha. It has a song titled Mahengai Mahengai. There is some dispute regarding the release of this song. According to the director, being th...
West Bengal State Electricity Distribution Co. Ltd. Vs. West Dinajpur ...
Court: Kolkata
Decided on: Oct-10-2012
Prasenjit Mandal, J. Challenge is to the Order dated August 30, 2007 passed by the learned Civil Judge (Senior Division), Raigunj in Suit No. OC-22 of 2004 thereby decreeing the suit under Section 17 of the Arbitration Act, 1940. An award and then the passing of a decree on the basis of the award are the subject-matters of challenge in this application. The Arbitrator appointed under the provisions of the Arbitration Act, 1940 submitted his award and on the basis of the award, upon hearing both the sides, the learned Civil Judge (Senior Division), Raigunj passed a decree. Previously, the learned Trial Judge allowed the application under Section 17 of the Arbitration Act, 1940 ex parte and against such decree, the petitioner filed a revision being C.O. No.3770 of 2006. While disposing the said revision, this Hon’ble Court passed an order of remand directing the learned Trial Judge to consider the question of jurisdiction first and that if the Court considered that it had jurisdict...
Govind Prasad Dalmia Vs. West Bengal State Electricity Board
Court: Kolkata
Decided on: Oct-09-2012
Asim Kumar Ray, J. This is a suit on obtaining leave under Clause 12 of the Letters Patent praying for a decree of Rs. 29,89,511.77/- along with other consequential reliefs. The plaintiff Govind Prasad Dalmia is carrying on business of manufacturing aluminum conductors under the name and style of M/s. Govind Prasad Dalmia and Sons at Deogarh, Bihar. The said business is duly registered as small scale industry with the District Industrial Centre, Deogarh, Bihar having registration No. 03/14/01806/SSI dated 26-02-1977. The defendant West Bengal State Electricity Board had floated a tender bearing specification No. P-23/87 for supply of all aluminum conductors (AAC) and aluminum conductors steel reinforced (ACSR) of diverse sizes on various terms and conditions. In response to that tender the plaintiff submitted quotation along with earnest money by way of Bank Guarantee of Rs. 25,000/- on 11th September, 1987. The said quotation was opened on 16th September, 1987 and it was accepted by t...
Smt. Bibhabati Chattopadhyay @ Bibhabati Chatterjee @ Smt. Bibhabati D ...
Court: Kolkata
Decided on: Oct-09-2012
Asim Kumar Ray, J. The suit was registered on the basis of an order converting the application for probate of a will dated 30-10-1991 allegedly executed by one Smt.Bibhabati Chatterjee @ Bibhabati Chatterjee @ Smt.Bibhabati Devi @ Bibhabati Devi, wife of late Phanindra Chandra Chattopadhyay @ Chatterjee of 62F/1 , Maharaja Tagore Toad, Dhakuria , P.S. Jadavpur , Calcutta- 700 031 into a contentions clause. Application was made by the sole executor /propounder Mukul Chandra Chattejeee, younger son of the testratix. Bibhabati died on 20-10-2004. Her husband predeceased her. She was the mother of two sons and two daughters, namely, Kamal Chandra Chattejee who predeceased her and died in 1991, Mukul Chatterjee, Gita Banerjee and Jyotsna Bhattacharjee. On 26.04.2010 Mukul Chandra Chatterjee filed the probate application annexing the original Will typed in Bengal language and character. Gita Banerjee filed an affidavit giving consent to the grant of probate in favour of the propounder and Jy...
State of West Bengal and Another Vs. M/S. N. Bhakat and Co. and Anothe ...
Court: Kolkata
Decided on: Oct-09-2012
Ashim Kumar Banerjee, J. Backdrop The subject matter of appeal would relate to an order passed by the learned Single Judge, declining to set aside and/or interfere with an award published under the old Arbitration Law being the Arbitration Act, 1940. His Lordship, by judgment and order dated March 28, 2012 appearing at page 299-307 of the paper book, upheld the award except the claim No. 2 that was found to be repeated in claim No. 4. In effect, the learned Judge affirmed the award to the extent of Rs.7,19,038/- covering claim Nos. 3 and 4 that was allowed by the Arbitrator. Bringing the facts in a narrow campus, we would find, the appellant/State entrusted a partnership farm M/S. N. Bhakat and Company to execute a work on behalf of the State represented by Public Works Department, (hereinafter referred to as P.W.D.), Kharagpur Division for construction of residential quarters for non-gazetted staff for Eastern Frontier Rifles. The tender value was Rs.22,06,011/-. As per the contract, ...
Aba Builders Limited and Others Vs. Smt Anjula Nagpal and Others
Court: Kolkata
Decided on: Oct-09-2012
Sanjib Banerjee, J. The appellants in this appeal under Section 10F of the Companies Act, 1956 are the respondents in a petition under, inter alia, Sections 397 and 398 of the Act before the Company Law Board (CLB). The first appellant is the concerned company and the other appellants are the persons in apparent control of the first appellant. The appellants claim that though the disputes with the respondents in the proceedings before the CLB have been settled and the respondents’ shares in the appellant company transferred to the nominees of the persons in control of the company, the CLB has declined to dismiss the petition complaining of oppression and mismanagement despite the appellants’ application therefor. At the time that this appeal was received on August 10, 2012, the primary legal issue canvassed by the appellants was that the CLB could not have looked beyond the executed terms of settlement to record that there were other disputes between the parties to the sett...
Ravindra Kamalakant Shukla @ Ravindra K. Shukla and anr. Vs. Commissio ...
Court: Kolkata
Decided on: Oct-09-2012
WP No.475 of 2012 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Ravindra Kamalakant Shukla @ Ravindra K. Shukla & Anr. Versus Commissioner of Customs (Airport & Administration ) & Ors. BEFORE: The HON'BLE JUSTICE INDIRA BANERJEE DATE : October 9, 2012. Appearance: Mr. Sailajananda Bhattacharjee, Adv. Mr. Amritlal Chatterjee, Adv. . . .for the petitioner. Mr. R. Bharadraj Adv., Mr. Subir Kumar Saha, Adv. . . .for the respondent. The Court: In this writ application the petitioners have challenged order F.not S45-28/2009 Estt. dated 12/16th May, 2011, rejecting the application of the petitioners for grant of Customs House Agents Licence made in response to public notice no.81/2010. The petitioners have also challenged the order F. not S4528/2009 Estt. dated May 22, 2012 informing the petitioners that the application for grant of CHA licence had already been disposed of by a letter dated May 12, 2011, since the petitioners were qualified under regulation 9 of the Customs H...
Videocon Industries Ltd. Vs. India Ratings and Research Pvt. Ltd.
Court: Kolkata
Decided on: Oct-09-2012
ORDER SHEET GA No.2766 of 2012 CS No.330 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE VIDEOCo.INDUSTRIES LTD.Versus INDIA RATINGS & RESEARCH PVT.LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :9. h October, 2012. Appearance: Mr.Anindya Mitra,Advocate General, Mr.Pratap Chatterjee, Sr.Adv.Mr.Gautam Mitra, Adv.Mr.Debajyoti Dutta, Adv.Ms.Reha Mitra, Adv.Mr.U.S.Menon, Adv.For the Petitioner. Mr.Shaktinath Mukherjee, Sr.Advocate, Mr.Jayanta Kumar Mitra, Sr.Adv.Mr.Ranjan Bachawat, Adv.Mr.Sanjoy Ginodia, Adv.Mr.Manot Kumar Tiwari,Adv.Mr.Ravi Kapur, Adv.Mr.Debnath Ghosh, Adv.Ms.Preetu Chowdhury, Adv.For the respondent no.1. Mr.Ranjan Deb, Sr.Adv.For the Respondent No.2. Mr.Kalyan Bandopadhyay, Sr.Adv.2 Mr.S.N.Mookherjee, Sr.Adv.For the Respondent No.3. Mr.Sudipta Sarkar, Sr.Adv.Mr.H.K.Mitra, Sr.Adv.Mr.P.Lall, Adv.For the Respondent No.4. The Court :- On 5th October, 2012 I had passed an order, inter alia, to the following effect: In that view of the...
Smt. Jagdamba Tekriwal Vs. Paragon Highrise Makers Pvt. Ltd. and Anoth ...
Court: Kolkata
Decided on: Oct-09-2012
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CS 16.of 2008 Smt. Jagdamba Tekriwal Versus Paragon Highrise Makers PVT.LTD.& another PRESENT: The Honble Justice Asim Kumar Ray For the plaintiff : Mr.Pramit Ray, Adv Judgment on :9. h October, 2012. Asim Kumar Ray, J. The defendants have obtained the loan from Punjab National Bank. The loan account had been clarified as a non-performing assets and the bank had proceeded to recover the dues. In the process the bank had assigned its debt to ARCIL (Asset Reconstruction Company India Limited ) and the said ARCIL was proceeding to recover the dues from the defendants. The defendants approached the plaintiff with a request to advance him a loan of Rs.6 lakhs on such mutually agreeable terms acceptable to both the parties. Based on the stipulation dated 27th July, 2006 plaintiff. gave advance of Rs.6 lakhs to the defendants. On behalf of the defendant No.1, defendant No.2 issued post dated cheque and promissory...