Judgment Search Results Home > Cases Phrase: nepali Sorted by: old Court: kolkata Year: 2008 Page 1 of about 21 results (0.006 seconds)

Bikram Dorjee Vs. State of West Bengal

Court : Kolkata

Reported in : 2008(3)CHN701

..... , owner of ghoognee/chowmin shop, deposed that on 14th june, 2002 at about 4.30 p.m. in front of his shop, a person was stabbed. the victim was a nepali. p.w. 2 turned hostile. he was suggested, in cross-examination on behalf of the prosecution, made by permission of court, that he had told the police that the accused ..... came out of my shop and found someone lying being injured by stabbing. i found another man running away with knife in his hand towards dharmasala. the victim was a nepali young man and the man who fled away was seen by me from the back side. over the incident i was examined by the police and i stated the facts .....

Subhasish Muhuri Vs. Public Service Commission and ors.

Court : Kolkata

Reported in : (2008)IVCALLT5(HC)

..... or union territory in india on the date of advertisement for the examination; (iv) ability to read, write and speak in bengali (not required for recruitment in the case of nepali speaking candidates from hill areas of the district of darjeeling).10. mr. arunava ghosh, appearing as learned counsel for the writ petitioner, first invited attention of the court to the .....

Yograj Gurung Vs. Aikon Network Marketing Private Limited

Court : Kolkata

Reported in : 2008(2)CHN396

Subhro Kamal Mukherjee, J.1. This is an appeal by an unsuccessful plaintiff against Order No. 6 dated July 6, 2006 passed by the learned Civil Judge (Senior Division), Siliguri, in a suit for partition and for recovery of possession.2. The plaintiff/appellant instituted Title Suit No. 18 of 2006, inter alia, seeking a preliminary decree for partition declaring plaintiff's share of .08 decimals of land described in the schedule 'B' to the plaint, final decree for partition and separate possession according to the report of the partition commissioner, recovery of possession in respect of .05 decimals in R.S. Plot No. 406 as described in schedule 'C' to the plaint.3. It is alleged in the plaint that Kharga Bahadur Gurung, the father of the plaintiff, and Madhumaya Gurung, the grandmother of the plaintiff, were the recorded owners of the land appertaining to Revenue Settlement Khatian No. 413 of mouza Siliguri in the district of Darjeeling. They had 5 annas and 2 gandas shares each in the ...

Howrah Ispat Private Limited Vs. Commissioner of Customs (Prev.)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2008)(128)ECC140

1. Heard both sides. The appellants have imported candles from Nepal.The issue is whether such imports are to be charged to 4% of the additional customs duty applying Notification No. 3/2001 or these should be charged to full rate of additional customs duty equal to the excise duty leviable on like articles made in India. The exemption under Notification is subject to the condition that credit of duty paid on inputs or on capital goods has not been taken under the CENVAT Credit Rules.2. Shri S.K. Bagaria, learned Senior Advocate appearing for the appellants inter alia argues as follows: (i) The additional customs duty can be levied only equal to the excise duty for the time being leviable on a like article produced or manufactured in India. (ii) The condition in the Notification is clearly satisfied as the candles were manufactured in Nepal and admittedly, no duty credit has been availed under the CENVAT Credit Rules which are not applicable in Nepal. (iii) No further condition or res...

Commissioner of Customs Vs. Globe Trotters Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

1. Heard both sides in respect of MA & Appeal filed by the applicant/appellant Commissioner and the Appeal filed by the appellant importer.2. In the Miscellaneous Application, it has been stated by the applicant Commissioner that the submission made by the appellant importers before the Tribunal regarding non-drawal of samples by Customs officials, is not true and factually correct and that the appellant importers have misled the Hon'ble CESTAT to get a favourable Stay Order. He further states that the samples were drawn in presence of the authorised CHA of the appellants and forwarded to the Assistant Drug Controller, which was duly acknowledged by him. He has also stated that in respect of importation of drugs it is a mandatory and statutory obligation on the part of Customs Authorities to ascertain as to whether the drugs under import comply with the standards laid down in the provisions of Drugs and Cosmetics Act, 1940. No clearance is allowed until and unless that procedure i...

Subhamoy Singha Roy Vs. Jadavpur University and ors.

Court : Kolkata

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...

Subal Duley Vs. State of West Bengal

Court : Kolkata

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...

Kakali Mahato Vs. State of West Bengal

Court : Kolkata

Reported in : 2008(4)CHN386,2008CriLJ3725

Partha Sakha Datta, J.1. The victim aged 16 years belonging to a poor family under Pathar Pratima police station was offered a Job of maidservant at Delhi by the appellant against monthly remuneration of Rs. 1,000/-. Accordingly, with the consent of her parents she was taken by the appellant to Delhi on or about 14th December 2003 but at Delhi she was not given any job in the house of the appellant and after she had spent a few days in the house of the appellant the appellant told the victim to go to different men and if she could please them she would be given handsome amount in return. She was not agreeable to the proposal but she was forced to go to different men so as to fulfill their carnal desire. Things went like this for months but she could not bear It any more and the appellant was compelled to take her to her mother on 15-2-04. Thus allegedly the appellant took the victim to Delhi with the temptation to find out a job for her but tortured her physically and mentally and ruin...

Three-n-products Private Limited Vs. Emami Limited

Court : Kolkata

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...

Puskar Raj Wason Vs. Union of India (Uoi) (S.E. Railway) and anr.

Court : Kolkata

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...