Kolkata Court April 2012 Judgments

Samir Kumar Baitalik and Another Vs. Mrinmoy Baitalik

Court: Kolkata

Prasenjit Mandal, J. This second appeal is directed against the judgment and decree dated December 18, 2004 passed by the learned Additional District Judge, 4th Court, Howrah in Title Appeal No.24 of 2002 thereby reversing the judgment and decree dated December 21, 2001 passed by the learned Civil Judge (Senior Division), Uluberia in Title Suit No.132 of 2000. The plaintiff/respondent herein instituted the said Title Suit being No. 132 of 2000 before the learned Civil Judge (Senior Division), Uluberia against the defendants/appellants herein praying for declaration that the plaintiff is entitled to pre-empt the sale by Malati Sundari Baitalik to the defendants in respect of ‘B’ schedule property as described in the schedule to the plaint, decree for pre-emption of the sale-deed dated December 22, 1999 to the defendants by his vendor described in schedule ‘B’ of the plaint and other reliefs. The defendants contested the said suit and the suit was dismissed on con...

Rabi Dalui @ RabIn Dolui Vs. the State of West Bengal

Court: Kolkata

ASHIM KUMAR ROY, J. In this appeal the appellant Rabi Dalui @ Rabin Dalui has challenged his conviction under Section 376 (2)(f) IPC and sentence of rigorous imprisonment for 10 years with fine and default clause passed by the learned Additional Sessions Judge, 12th Court, Alipore in Sessions Trial No. 02 (02) 2007. 2. The prosecution case according to the FIR goes like this; On 24th January 2006 sometime in the afternoon the PW/2 Manu Dalui found her daughter, PW/3 aged about 6 years was bleeding from vagina. At once she was taken to Vidyasagar Hospital but as she could not be admitted there she was removed to M.R. Bangur Hospital where on the same day she was admitted under Dr. Subodh Kumar Bera (PW/9). Thereafter on 30th January 2006 while PW/3 was undergoing a surgical incision, on being asked by her attending doctor in presence of her mother, the victim girl disclosed that on last Saturday in the afternoon the appellant Rabi Dalui, the cousin brother of her father took her inside ...

M/S. Calcutta Food Products Pvt. Ltd. Vs. M/S. Raja Udyog Pvt. Ltd.

Court: Kolkata

Reported in: 2012(4)CTC(IP)1

The Court: This is an interlocutory application, in aid of a suit alleging infringement and passing off. Both the petitioner and the respondent are engaged in the business of manufacture and sale of biscuits. Before entering into the disputes between the parties, I propose to compare the packets and its wrappers within which the biscuits of these two biscuit manufacturers are contained. First, let me describe the packet and wrapper of the petitioner's product. The mark or name "NASTA" is prominently written in green and white on the top, bottom and on the two longer of the four sides of the packet. The packet is more or less in the shape of a rectangle. The predominant colour on the packet and wrapper is red or a variant of red with a picture of the well-known actor Monmoon Sen on the top. Some biscuits and the name or mark of "Calcutta Biscuits" are also printed. Now I will describe the respondent's packet and wrapper. A good part of it is red, but a substantial part of it is a mixtur...

Ashok Banerjee @ Bapi Bose Vs. the State of West Bengal

Court: Kolkata

Asim Kumar Ray, J. 1. This criminal appeal is directed against the judgment and order dated 9-6-2000 and 12-6-2000 passed in Sessions Trial No. XXIX/July/1997 by learned Additional Sessions Judge, 5th Court, Midnapore thereby convicting Ashok Banerjee @ Bapi Bose of the charge under Section 302 of the Indian Penal Code and sentencing him to suffer R.I. for life and also to pay a fine of Rs. 3,000/- in default to suffer imprisonment for six months more. 2. The factual background in a nutshell is that, on 20-1-1997 around 11 a.m. appellant being accompanied by a lady arrived at a lodge named Ma Janhabi Bhawan Hotel at Digha. He wanted an accommodation there for two days disclosing themselves as husband and wife. The owner of the hotel, FIR maker Balai Das /P.W.1 accordingly allotted room No. 5 to them at a charge of Rs. 120/- per day. They caused recording of their names and addresses in the hotel register as Bapi Bose and Rani Bose of Birati. They stayed in the said hotel in room No. 5 ...

Md. SamsuddIn @ Kalia and Others Vs. the State of West Bengal

Court: Kolkata

ASHIM KUMAR ROY, J. This criminal appeal arises out of a judgment and order passed by the learned Additional Sessions Judge, 7th Court, Alipore, South 24-Parganas in Sessions Trial No. 5 (4) 1995, wherein under the appellants, viz. Sakil Ahmed, Sk. Feku and Md. Samsuddin @ Kalia were convicted under Section 302/34 of the Indian Penal Code and sentenced to suffer imprisonment for life with fine and default clause. 2. The prosecution case runs as follows; On November 28, 1994 in the early morning a dead body of an unidentified young boy aged about 15/16 years with marks of multiple bleeding injuries on head and face was found lying in a pool of blood on the footpath of Surwady Avenue by the side of the eastern boundary wall of Lady Brabourne College. Those injuries during post-mortem examination were found to be antemortem and homicidal in nature. In course of investigation the said dead body was identified that of one Maqsud Alam and after examining one Nandu Roy, who was an eyewitness ...

Jagojyoti Roy Vs. the State of West Bengal and Others

Court: Kolkata

This writ application is filed by the petitioners for a direction upon the respondents to implement the scale of pay of the officers and managerial staff of the Britannia Engineering Co., Ltd., (Government of West Bengal Undertaking) (hereinafter referred to as the respondent company) as per of West Bengal Services(Revision of Pay and Allowance) Rules, 1990 (hereinafter referred to as the ROPA, 1990) merging Dearness Allowance at 608 point Consumer Price Index and thereafter fixing the pay as per West Bengal Services(Revision of Pay and Allowances) Rules, 1998 (hereinafter referred to as the ROPA 1998) by merging DA at 1510 point of Consumer Price Index. Britannia Engineering Company Ltd., started its operation in the year 1979 under private management. The above company declared closure in the year 1970. In the year 1973 the above company went into liquidation. The management of Titagarh unit was taken over by the Government of India under industries(Development and Regulation) Act, 1...

Sukhendu Das Vs. Rita Mukherjee

Court: Kolkata

ASHIM KUMAR BANERJEE, J. PREFACE 1. Both the parties are Judicial Officers. They fell in love while working together and got tied in a marital knot. The dream however broke soon after the birth of the lone child. Real reason for discord is rather unknown, atleast not came out in evidence. Pertinent to note, the wife did not contest the divorce before the Court below or before us. The learned Judge however declined to pass Decree of Divorce as he was not satisfied with the evidence. We patiently heard Mr. Bidyut Kumar Banerjee, learned senior Counsel appearing for the appellant/husband. We meticulously examined the evidence and pleadings. Despite our best efforts, we also could not find out any logic behind the discord that would result in a break down of marriage. It is only in the passage of time, at least now, when we heard the appeal, long period has passed the couple led a secluded life. 2. They were posted at different places, possibly, they never prayed for posting at the same st...

Harsh Medical Centre Pvt. Ltd. Vs. M/S. Blue Star Limited and Another

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

S. Coari, Ld. Member: 1. The present petition of complaint has been preferred by M/s. Harsh Medical Centre Pvt. Ltd. against (1) M/s. Blue Star Limited and (2) Mr. Satyajit Sarkar (the Ops) with a prayer for refund of Rs. 22,49,135/- being the advance payment made by the complainant to the Ops along with interest to the tune of Rs. 47,918.20 and compensation to the tune of Rs. 9,24,008.77 along with damages to the tune of Rs. 25,00,000/-. The complainants case, in brief, is that the complainant, who is engaged in the business of running a multi-speciality nursing home, entered into a contract with the Ops for the purpose of purchasing and installing an air-conditioning system for the nursing home. According to the complainant, on 14.5.09 a purchase order was issued in favour of the OP No. 1 for Rs. 14,31,928/-, which was subsequently modified on 29.5.09 for Rs. 15,01,650/- and subsequently another purchase order was issued by the complainant on 29.5.09 for Rs. 28,31,577/- in favour o...

Regional Provident Fund Commissioner (i) and Another Vs. Mrs. Zakia Mo ...

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Silpi Majumder, Member: This appeal is filed by the Appellant-OP-1 before this Commission out of time by 132 days from the date of passing the judgment by the Ld. District Forum, 24-Parganas (South). The complaint was dismissed against the OP-2 on contest and allowed on contest against the OP-4 and exparte against the OP-1 and 3. In the petition for condonation of delay it is stated by the Appellant that on 18.04.2011 the office of the Appellant received a letter from the Advocate for the Complainant-Respondent-1, wherein the gist of the complaint was stated along with the ordering portion of the impugned judgment has also been mentioned. From the said letter it was revealed to the Appellant that the Ld. Forum below has directed the OP-1-Appellant to release the provident fund dues of the Complainant within 30 days from the date of communication of this order to him along with interest @12% p.a. from the date of retirement till the payment is made. The OP-1 was also directed to pay com...

S. Vijayarajan Vs. Prabhu Dayal Choubey and Another

Court: Kolkata

Jyotirmay Bhattacharya, J. This Second Appeal is directed against the judgment and/or decree passed by the learned District Judge, A and N Islands, Port Blair on 17th March, 2009 in Other Appeal No.5 of 2003 affirming the judgment and decree dated 28th November, 2003 passed by the learned Civil Judge, Senior Division at Port Blair in O.S. No.31 of 1993. Both the learned Courts below dismissed the appellant’s claim for specific performance of contract on the ground of impossibility of performance of the contract, as one of the joint proposed purchasers did not join the plaintiff/appellant for enforcing the said contract in the said suit for specific performance of the contract and the plaintiff/appellant prayed for enforcement of the said contract in a modified way in deviation of the terms of the contract. While dismissing the plaintiff’s suit for specific performance of contract the learned Trial Judge held that refund of the earnest money to the plaintiff together with th...