Court : Kolkata
Decided on : Aug-26-2008
Reported in : 2008(4)CHN608,LC2008(3)319,2009(41)PTC689(Cal)
Sanjib Banerjee, J.1. The parties jostle for more leg-space on the Ayurveda bandwagon as it chugs its way to the Occident with its load of mystique and oriental herbs and spices. The plaintiff asserts its exclusive right over the word mark 'Ayur' on the strength of a black and white label registration showing the word 'Ayur' in an unremarkable font with an elliptical band around it. Such label is registered in many classes. The word mark 'Ayu' is registered in favour of the plaintiff in class 5 covering medicinal and like products. On the strength of the word 'Ayur' being the most prominent part of the plaintiff's label registrations and its proprietary right to the word 'Ayu', the plaintiff seeks to stop the defendant's use of any trademark carrying any part of either word over which the plaintiff claims exclusivity.2. Both parties are substantial. The plaintiff's impressive sales figures and advertisement expenses are matched by the defendant's substantial reputation and noticeable p...
Tag this Judgment!Court : Kolkata
Decided on : Apr-29-2008
Reported in : 2008(3)CHN268
Girish Chandra Gupta, J.1. This appeal is directed against a judgement dated 21st February, 2005 passed by the learned Additional Sessions Judge, 2nd Court, Bankura in Sessions Trial No. 1/November/2002 arising out of Sessions Case No. 16(9) of 2001 convicting the appellant-Subal Duley, under Section 302 of the Indian Penal Code and an order dated 22nd February, 2005 by which the convict was sentenced to suffer rigorous imprisonment for life as also to pay fine of Rs. 3,000/-, in default, to suffer rigorous imprisonment for three months for the offence punishable under Section 302 of the Indian Penal Code.2. The facts and circumstances of the case briefly stated are that about eight years prior to the date of the incident the deceased Sibnath had developed an illicit relationship with Chhabirani, wife of the accused Kinkar. She at that point of time was a mother of two children. The deceased was at that point of time a student reading in school. Chhabirani and Sibnath had eloped togeth...
Tag this Judgment!Court : Kolkata
Decided on : Sep-02-2008
Reported in : AIR2008Cal255,2008(4)ARBLR567(Cal),2008(4)CHN477
Pranab Kumar Chattopadhyay, J.1. The instant appeal has been preferred from the judgment and order dated 21st March, 2005 passed by a learned single Judge of this Hon'ble Court on the application filed by the appellant herein under Sections 30 and 33 of the Arbitration Act, 1940. By the said application, appellant herein challenged the legality and validity of the award dated August, 30, 1990 passed by the learned Sole Arbitrator.2. It has been argued on behalf of the appellant that the learned single Judge has modified the award made by the learned Sole Arbitrator and virtually passed a new award in respect of the disputes between the parties. The learned Senior Counsel representing the appellant referred to the concluding portions of the judgment under appeal and submitted that the learned single Judge had observed that the learned Arbitrator might have for a noble cause directed payment of costs to the Army Central Welfare Fund, but the awarding of costs to a non-party is not permis...
Tag this Judgment!Court : Kolkata
Decided on : Feb-22-2008
Reported in : (2008)1CALLT499(HC)
Surinder Singh Nijjar, C.J.1. We have heard the petitioner in person, who is an Advocate of this Court. He has filed this writ petition purportedly claiming to be in public interest. He has submitted that the book fair which is scheduled to be held with effect from 15th March, 2008 till 10th March, 2008 at Salt Lake City would not be in public interest.2. We have perused the writ petition. We are of the considered opinion that the writ petition does not disclose any cause of action to enable the petitioner to present the writ petition as a public interest litigation. The petitioner has vehemently argued that outside the stadium where the Book Fair is scheduled to be held would be an abuse of the stadium which is reserved for the exclusive use of the sportsmen. In support of the submissions the petitioner has relied on a Judgment of the Supreme Court in the case of J. Jayalalitha v. Government of Tamil Nadu reported in (1991)1 SCC 53. We have perused the aforesaid Judgment. We are of th...
Tag this Judgment!Court : Kolkata
Decided on : May-09-2008
Reported in : (2008)3CALLT252(HC),[2008(119)FLR444],(2009)ILLJ785Cal
Manik Mohan Sarkar, J.1. This matter has been directed against the judgment and order dated November 13, 1997 passed by the learned Judge, Employees Insurance Court, West Bengal in Case No. 33 of 1988.2. In brief, the petitioner's case is that the Insurance Inspector of the petitioner Corporation visited the factory of opposite party at Birlapur, P.O. Birlapur within the District of 24-Parganas (South) in between the period from 17.6.1986 to 19.6.1986 for the purpose of inspection of records of the factory covering the period from June, 1984 to January, 1985 and reported that he found the employees of the said factory were paid overtime allowances for the period from 27.01.1985 to 31.3.1986 amount to Rs. 13,67,560.42 P. but the opposite parties did not pay any contribution on the said sum. an amount of Rs. 99,148/- being @ 7.25%.Petitioner Corporation issued letter vide No. C/Ins.-V/41-4203/978-79 dated 21.8.1986 to the opposite party requesting them to pay the amount of said contribut...
Tag this Judgment!Court : Kolkata
Decided on : Jun-04-2008
Reported in : (2008)3CALLT362(HC)
Subhro Kamal Mukherjee, J.1. An application for contempt and an application for review are considered analogously by consent of the parties.2. The application for contempt is filed, inter alia, alleging willful and deliberate violation and disobedience of the order dated December 3, 1998 passed by Satya Brata Sinha, J. (as His Lordship then was) in Matter No. 4241 of 1991. The said application for contempt was filed on or about December 2, 1999.3. An application seeking review and re-calling of the said order dated December 3, 1998, inter alia, directing mutation of the name of the writ petitioner in relation to the premises No. 145 Sundernagar, New Delhi, is filed by the respondents in the writ petition on or about July 5, 2000.4. The relevant facts leading to filing of the said applications are summarised as under:Under the instructions of the Government of India, relating to the disposal of building sites in the New Capital of Delhi, the Chief Commissioner of Delhi granted a perpetu...
Tag this Judgment!Court : Kolkata
Decided on : Jan-18-2008
Reported in : 2008(2)CHN546
Pinaki Chandra Ghose, J.1. These writ petitions were filed as Public Interest Litigations challenging the acquisition proceedings in respect of about 1000 acres of land within the following mouzas, a) Gopalnagar, b) Singherbheri, c) Beraberi, d) Khaserberi and e) Bajemelia within the Police Station of Singur in the District of Hooghly.2. Such acquisition process has been challenged by the writ petitioners mainly on the ground that the said area of land is the source of livelihood of 10,000 agricultural households and destroying the most of fertile lands which cannot be replaced, apart from the other subsidiary industries.3. The writ petitioners challenged the entire acquisition process on the ground of mala fide and arbitrary intention and further for violating the provisions of Article 14 of the Constitution of India. It is further stated that for setting up a Small Car Project by Tatas would have been an acquisition of land following the Land Acquisition (Companies) Rules, 1963 (here...
Tag this Judgment!Court : Kolkata
Decided on : Jul-31-2008
Reported in : 2008(4)CHN344,LC2009(1)407,2009(40)PTC437(Cal)
Sanjib Banerjee, J.1. The plaintiff founds this action in passing off on the first defendant allegedly copying the plaintiffs slogan in the second-last frame of the plaintiffs television commercial relating to its Horlicks health food drink powder. The plaintiff says that the slogan being the most prominent feature of its commercial, which is also the theme used in danglers and other promotional material used by the plaintiff, it has come to be so exclusively associated with the plaintiffs product that any form of imitation thereof by any other person would amount to deceit for filching the trade and trading upon the goodwill of the plaintiff and its renowned product.2. There appears to be little doubt that the plaintiffs is a well-known product. The first defendant has not contested either the plaintiffs or its said product's reputation. The plaintiff shows - and there is no reason to disbelieve the plaintiff - that it has expended several tens of crores in its advertisement campaign ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Feb-29-2008
Reported in : (2008)115TTJ(Kol.)390
1. This appeal of the assessee is directed against the order dt. 6th March, 2007 of the CIT(A)-XIV, Kolkata pertaining to asst. yr. 2003-04.In this appeal by the assessee, the following grounds are raised: 1. The learned CIT(A) erred in upholding the order of the AO passed under Section 143(3) substituting the value adopted by the stamp valuation authorities as the full value of consideration received of Rs. 3,34,42,244 as against Rs. 2,34,00,000 recorded in the record of sale. 2. That the CIT(A) failed to appreciate that during the course of assessment, appellant had challenged the value adopted by the stamp duty authorities and the AO was informed of fair market value adopted under Section 50C where the Department had a right to pre-emptive purchase in lieu of the purchaser.2. The brief facts leading to this appeal filed by the assessee, as narrated at the time of hearing and also borne out by records are that the assessee individual owned a property No. 63/2/C The Mall, Kanpur, U.P...
Tag this Judgment!Court : Kolkata
Decided on : Apr-25-2008
Reported in : (2008)2CALLT468(HC),2008(3)CHN507
Sanjib Banerjee, J.1. Passion and prejudice are two charlatans that lie in stealthy wait to waylay any quasi-judicial adjudication, however noble the purpose of the exercise. To the two original limbs of natural justice of audi alteram partem (nobody shall be condemned unheard) and nemo debet esse judex in propria sua causa (nobody shall be judge of his own cause), has been added a third: the duty to assign reasons. A quasi-judicial order is founded on reason, not instinct. An order made on impression is erroneous in form and substance.2. The petitioner in the present proceedings under Article 226 of the Constitution of India challenges a decision made on the recommendation of an enquiry commission set up by the University to look into the charges of alleged malpractice involving two theses submitted for PhD degrees under the faculty of science of the University. The full report has been disclosed in the University's affidavit. The one-man enquiry commission has begun the report by rec...
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