Kolkata Court March 2014 Judgments
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Kuber Tobacco Products Pvt Ltd and anr. Vs. Kuber Metal Insulation
Court: Kolkata
Decided on: Mar-07-2014
1 T No.69 of 2014 TA No.27 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KUBER TOBACCO PRODUCTS PVT LTD & ANR. Versus KUBER METAL INSULATION BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 7th March, 2014. Appearance: Mr.Debnath Ghosh, Advocate Mr.Gautam Banerjee, Advocate for the plaintiffs The Court: This is a trade mark action. Elements of copy right law are also involved. This interim application is being moved, ex parte, with the leave of this Court in accordance with usual practice. The fiRs.plaintiff is the registered proprietor of the word mark KUBER. They obtained registration in Class 9 in the Trade Mark Register on 16th May, 2005, having applied for such registration on 24th October, 2000. Having obtained registration of this word mark, their proprietary right related back to 24th October, 2000. The plaintiffs are the registered owners of the logo which is displayed with the mark. Such registration was made on 6th May, 2004, the plain...
Smt. Kinnari Mullick and anr. Vs. Ghanshyam Das Damani and anr.
Court: Kolkata
Decided on: Mar-07-2014
AP No.1074 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SMT. KINNARI MULLICK AND ANR. Versus GHANSHYAM DAS DAMANI AND ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th March, 2014. Appearance: Mr.Joydeep Kar, Adv.Mr.Siddhartha Ghosh,Adv.Mr.Somnath Bose, Adv...for the petitioner. Mr.Ramesh Sharma, Adv.Mr.Arijit Chatterjee, Adv.Ms.Sharmistha Dhar, Adv...for the respondent. The Court : The award is challenged on two main grounds, but it may not be necessary to conclusively decide on the legal issue involved in the fiRs.ground since the second ground appears to be good enough. The agreement between the parties pertained to the development of a property at Wood Street. Disputes and differences arose between the parties, whereupon the respondents issued a letter on October 21, 2009 indicating their nominee as the arbitrator. The person named by the respondents understood the nomination to be the appointment and addressed a letter to the petitioners her...
Mihijam Vanaspati Ltd. and anr. Vs. Shining Vyapar Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Mar-07-2014
ORDER GA No.536 of 2014 CS No.332 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MIHIJAM VANASPATI LTD.& ANR. Versus SHINING VYAPAR PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 7th March 2014. Appearance: Mr.R.K. Chowdhury, Advocate ...for the plaintiffs. Ms.Manju Agarwal, Advocate ...for the defendant No.1. COURT: GA No.536 of 2014 has been filed on behalf of the defendant No.1 for amendment of the written statement consequent upon the order passed by the Honble Supreme Court in proceedings between the same parties. I have gone through the amendments being paragraphs 5A to 5J of the petition. proposed It appears that these events have happened subsequent to filing of the suit and during the pendency of the present proceedings. At this stage, the court is not required to go into the truthfulness of the statements made in the said written statement. The defendant wants to bring on record the events that had taken place after filing of the suit. ...
Satya Sandhi and anr. Vs. Reserve Bank of India
Court: Kolkata
Decided on: Mar-07-2014
ORDER SHEET WP No.137 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SATYA SANDHI & ANR. Versus RESERVE BANK OF INDIA BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 7th March, 2014 Mr.Sandip Kumar Bhattacharyya. Adv.with Mr.Biswabrata Basu Mullick, Adv.Mr.Suman Basu, Adv..for the petitioners Mr.Tapas Midya, Adv..for the respondent no.2 Mr.Malay Kumar Singh, Adv.with Ms.S.Roy, Adv..for Satya Sandhi Mr.Usha Nath Banerjee, Adv.with Mr.Jaydip Kar, Adv.Mr.Bilwadal Bhattacharya, Adv.Mr.Bablu Boral, Adv..for the CAB Mr.Banerjee, learned advocate appearing for the Cricket Association of Bengal seeks to intervene in the writ petition. After perusing the writ petition, I find that no relief has been claimed against the Cricket Association of Bengal. Accordingly, the prayer for intervention is rejected at this stage. Mr.Singh, learned advocate for Satya Sandhi, also seeks to intervene. According to him, the Satya Sandhi represented by him has been registere...
M/S. U. B. Engineering Ltd. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-07-2014
ORDER WP No.447 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.U.B. ENGINEERING LTD.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 7th March, 2014. Appearance: Mr.Gopal Chandra Ghosh, Adv.Mr.Sunil Biswas, Adv.Mr.Sanjib Kr. Mukhopadhyay, Adv.Mr.Sunirmal Khanra, Adv.Mr.Arindam Mandal, Adv.Mr.R.Guha Thakurta, Adv.The Court : This writ application is arising out of an order passed by the FiRs.Labour Court on 20.11.2012 in a proceeding initiated by the workman under Section 33C(2) of the Industrial Disputes Act, 1947. of 2011. The case was registered as Case No.Comp. 38 The basis of the application filed under Section 33C(2) appears to be the order of reinstatement with full back-wages passed by the Labour Court in reference Case No.VIII-179-92. The Third Industrial Tribunal held that the termination was wrongful and the workman was entitled to get reinstatement in service with full back-wages and other benefits. ...
Microweb Enterprises Pvt Ltd Vs. Commissioner of Customs (Port) and or ...
Court: Kolkata
Decided on: Mar-07-2014
ORDER SHEET W.P.177 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MICROWEB ENTERPRISES PVT LTD Versus COMMISSIONER OF CUSTOMS (PORT) & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 7th March, 2014. Appearance : Mr.Sudhir Kr. Mehta, Adv. for the petitioner Mr.S.B. Saraf, Adv. for the Customs Authorities The Court : It has been brought to the notice of this Court that in a similar circumstance other writ petitions have been disposed of by the coordinate Bench and submitted that this writ petition should also be disposed of in the light of the orders made therein. The orders passed in the writ petition are annexed in this writ petition. It has further been pointed out that the subject dispute had been decided by the tribunal in the case of Mapsa Tapes PVT.LTD.and an appeal is pending before the Madras High Court wherein no order of stay is passed. The parties jointly submits that taking into consideration of the above facts the coordinate Benc...
Gour Lal Mitra, (D) and Kamal Kr. Mitra Vs. Kum Kum Biswas and ors.
Court: Kolkata
Decided on: Mar-07-2014
ORDER SHEET GA No.207 of 2014 With TS No.1 of 2007 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF: GOUR LAL MITRA, (D) -AND- KAMAL KR. MITRA Versus KUM KUM BISWAS & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 7th March, 2014. Appearance: Mr.Dhruba Ghosh, Adv.Mr.Sakya Sen, Adv.Mr.Samit Talukdar, Sr.Adv.Mr.Suman Dutt, Adv.The Court : The basis of the application for amendment appears to be that if the property had already been bequeathed in favour of other parties, then the executor who happens to the beneficiary could not get the property under the Will which, in my view, is not relevant to decide the application for grant of probate and, accordingly, I hold that such proposed amendment is unnecessary and not required to be incorporated in the affidavits filed in support of the caveate. Moreover, this issue namely that the testator had no disposable rights in respect of the property covered under the Will is an issue raised in t...
Smt. Saili Ghose and ors. Vs. Debapriyo Sen and ors.
Court: Kolkata
Decided on: Mar-07-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA30OF2013WITH CS1147of 1947 SMT. SAILI GHOSE & ORS.Versus DEBAPRIYO SEN & ORS.BEFORE: The Hon'ble JUSTICE TAPAN KUMAR DUTT Date : 7th March, 2014. Mr.Sukrit Mukherjee, Advocate Mr.H.P.Basu, Advocate .for the Petitioners The Court :-It may be recorded here that the affidavits-of-service have already been filed by the learned Advocate for the petitioner as submitted by the said learned Advocate. Today also the said learned Advocate files an affidavit-ofservice. Let the same be kept on record. It appears from the submissions made by the learned Advocate for the petitioner and from the statements made in the application that the properties in question belong to a certain deity i.e.Sr.Sr.Iswar Gokul Chandra Jew as mentioned in the petition. The petitioners have stated in the petition that the properties in question are entirely occupied by the tenants and the municipal taxes levied by the Kolkata M...
Cit, Koli Vs. M/S Ellora Mercantile Pvt Ltd
Court: Kolkata
Decided on: Mar-07-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.155 of 2013 GA No.3109 of 2013 CIT, KOL-I Versus M/S ELLORA MERCANTILE PVT LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 7th March, 2014. For Appellant : For Respondent : Ms.Mamta Bhargav, Advocate Mr.R.Bharadwaj, Advocate The Court : The appeal has been preferred by the revenue against a judgment and order dated 18th April, 2013 by which the learned Tribunal dismissed the appeal of the revenue. The facts and circumstances of this case, briefly stated, are as follows: The assessee claimed to have received a sum of Rs.11 lakhs in cash on account of share application money. A notice under Section 271 D was issued by the assessing officer on the ground that receipt of the sum of Rs.11 lakhs in cash was in violation of the provisions of Section 269 SSS. The assessee, however, did not appear before the assessing officer. In the circumstances, th...
Swapna Roy, Paschim Medinipore Vs. Supriya Pratihar, Medinipur and Oth ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Mar-07-2014
Mridula Roy, Member. The instant appeal is directed against the judgement and order dated 07.05.2012 passed by Ld. District Forum, Paschim Medinipur in Complaint Case No. 19/2010 dismissing the same on contest without cost. Being aggrieved by that order the Complainant has preferred the instant appeal. In her petition of complaint the Complainant contended that she intended to purchase a flat having an area of 820 sq. ft. at a consideration of Rs.8,20,000/- and an agreement was executed to that effect on 28.09.2005 by and between the Complainant and the O.P. No. 3 i.e. the developer who was empowered by the O.P. Nos. 1 and 2 i.e. the landowners to develop the premises.. The Complainant further contended that subsequently it was agreed by the parties that the Complainant would pay Rs.9,20,000/- towards consideration in total but in reality the Complainant had to pay Rs.10,33,917/- under pressure exerted by the O.P. No. 3. Accordingly, the Complainant on several occasions asked the O.P. ...
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