Court : Kolkata
Decided on : Sep-17-2008
Reported in : [2009]150CompCas113(Cal),[2008]88SCL23(Cal)
Pinaki Chandra Ghose, J.1. This appeal is against an Order and/or judgment dated 6th July, 2007 passed by the Learned Appellate Tribunal.2. The facts of this case briefly are as follows:An order was passed by the Special Director (Appeals) Foreign Exchange Management Act forming a common adjudication order dated 30th December, 2004 where the adjudicating authority imposed penalty of Rs. 10 lacs against the appellant company and Rs. 10 lacs against the appellant Managing Director for contravention of Section 10(6) of Foreign Exchange Management Act, 1999 (hereinafter referred to as 'the said Act') on the ground that the appellants after taking remittances of foreign exchange of US Dollars 35766 and FRF 374000 on 18th April, 2000 and 19th June, 2000 respectively for import of refrigeration machinery so as to use the same in Hotel Industry in fact failed to do so and also failed to file the proofs thereof.3. It further appears that the appellant company filed an appeal before the Learned ...
Tag this Judgment!Court : Kolkata
Decided on : Sep-19-2008
Reported in : (2009)1CALLT158(HC)
Jayanta Kumar Biswas, J.1. Haldiram Limited, a company incorporated under the provisions of the Companies Act, 1956, has taken out this writ petition dated Februry 14th, 2008 seeking the following final reliefs:(a) Writ in the nature of Mandamus do issue commanding the respondents and/or each one of them: (i) To act and proceed in accordance with law; (ii) To execute the lease deed in favour of the petitioner in terms of plot No. C-5 being premises No. 1726, Rajdanga Road, Kolkata-700107 as stated in the notice innting tender, brochure and Deed dated 22nd May 2003; (iii) To withdraw/rescind/set aside the order dated 8th January 2008 canceling the Licence Deed being Annexure 'P55' and the Refund Advice dated 1st February 2008 being annexure 'P51' hereof;(b) A writ in the nature of prohibition do issue restraining the respondent authorities and/or each one of them from taking any steps in furtherance to the order dated 8th January 2008 including taking over possession of the land from th...
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 : 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 : Kolkata
Decided on : Aug-07-2008
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 .....
Tag this Judgment!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 : 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 : Dec-12-2008
Jyotirmay Bhattacharya, J.1. The legality and/or validity of the show cause notice issued by the Estate Officer, Kolkata Port Trust, under Sub-section 1 of Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 has been challenged by the petitioner in this writ petition. In fact, legality of very initiation of the said eviction proceeding has been challenged by the petitioner on the ground that the Estate Officer has not applied his judicious mind in forming his opinion that the petitioner is an unauthorized occupier of the public premises.2. Mr. Mitra, learned Senior Counsel, appearing for the petitioner, contended that since formation of such opinion is a condition precedent for initiation of such a proceeding by a quasi judicial authority, the very initiation of such proceeding can be nipped in the bud if judicious mind is not properly applied by the Estate Officer in the process of formation of such opinion.3. By relying upon a decision of Hon'ble Supreme C...
Tag this Judgment!Court : Kolkata
Decided on : Dec-23-2008
S.P. Talukdar, J.1. The petitioner, Inland Manufacturing Company, by filing an application under Article 227 of the Constitution being C.O. No. 4477 of 2005 sought to assail the judgment dated 30th September, 2005 passed by the learned 5th Bench, City Civil Court at Calcutta in Misc. Appeal No. 13 of 2001. The learned Court by the said judgment affirmed the order dated 4th June, 2001 passed by the Estate Officer, Kolkata Port Trust in proceeding No. 281 of 1999.2. The grievances of the petitioner, as ventilated in the said application, may briefly be stated as follows:The petitioner is a monthly tenant in respect of a passage measuring 6.318 square metre together with a room measuring about 1951 square kilometre called Plate No. CG- 184/1, situate at P-221/2, Strand Bank Road, P.S.- North Port, Kolkata- 700 001 hereinafter referred to as the 'said premises'. The petitioner became a tenant under the opposite party on and from March 31, 1968. He had been paying monthly rent of Rs. 138/- ...
Tag this Judgment!Court : Kolkata
Decided on : May-13-2008
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...
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