Court : Kolkata
Decided on : Apr-11-1996
Reported in : AIR1996Cal367,(1997)1CALLT123(HC),100CWN562
ORDER1. This hearing arises out of an application for temporary injunction filed on behalf of the plaintiff. In the suit the plaintiff prays for leave under Clause 12 of the Letters Patent. Decree for permanent injunction restraining the defendants, their servants, agents, and assignees etc. from in any way in fringing or attempting to infringe Patent No. 170171 of the plaintiff; Decree for permanent injunction restraining the defendants, their servants, agents etc. from in any way manufacturing, selling or offering for sale or advertising any toilet soap bearing the Trade Mark 'VIGIL' or any other trade mark and having the composition that is covered under and/or within the range of Patent No. 170171 of the plaintiff. Delivery upon oath of all toilet soaps already manufactured and in possession, power and custody of the defendant No. 1 and/or the defendants Nos. 2 and 3 and/ or their agents and servants that in any way infringe and/ or have been manufactured in accordance with the Pat...
Tag this Judgment!Court : Kolkata
Decided on : Apr-04-1996
Reported in : (1996)2CALLT494(HC)
Altamas Kabir, J.1. The short point involved in this case is whether the petitioners, who are working either as Technical Assistants, Technical Supervisors or Herbarium Assistants in the University of Burdwan, can be classified as 'Teaching Staff' under the provisions of The Burdwan University Act, 1981, and the Statutes framed under Section 57(2) thereof.2. Appearing in support of the Writ petition, Mr. Partha Sarathi Sengupta, learned advocate, submitted that as Technical Assistants in the different branches of science, the petitioners were and are required to (i) make lesson units for practical classes (ii) assist and impart instruction to the students in practical classes (iii) perform demonstration work in practical classes and (iv) keep attendance of students in practical classes and maintain a record of the work done by them.3. Mr. Sengupta urged that while the nature of work indicated above is essentially teaching-oriented and involves imparting of education, the petitioners ha...
Tag this Judgment!Court : Kolkata
Decided on : Apr-01-1996
Reported in : (1996)2CALLT474(HC),100CWN617
Bhagabati Prosad Banerjee, J.1. In this writ application, the petitioner, a religious organisation, claims that the respondents should not interfere with the right of user of microphones, loud-speakers, and for amplifying human voice and for amplifying other sounds while playing daily pujas and other religious activities and display of religious songs. The petitioner prayed for a writ in the nature of Mandamus commanding the District Magistrate and/or the Sub-Divisional Officer, Ghatal, to accord necessary permission in favour of the said society in terms of Section 34A of the Police Act, 1963, (West Bengal Amendment).2. The point raised in this writ application is of great public importance and significance. Section 34A of the Police Act, 1861, as amended by the West Bengal Act 38 of 1963, reads as follows:'34A. Power to prohibit, restrict, regulate or impose conditions on the use of microphones, etc., (1) If, in the opinion of the Magistrate of the district or any Sub-Divisional Magi...
Tag this Judgment!Court : Kolkata
Decided on : Mar-22-1996
Reported in : (1996)2CALLT170(HC)
Basudeva Panigrahi, J.1. The petitioners having been unsuccessful in the Court of the District Judge, Cooch Behar in Misc. Appeal No. 6/94 and also in the Court of Munsif, Dinhata: in T.S. No. 88/94 by an order of injunction have preferred this revisional application.2. The opposite party No. 1 has instituted a suit challenging the recruitment procedure for appointment of an Assistant Teacher in Kishamat Adabari High School (hereinafter referred to as the School) in T.S. No. 88/94 before the Court of Munsif, Dinhata. It is Inter alia stated in the suit that the District Inspector (South East Cooch Behar) granted permission for appointment of an Assistant Teacher in Science at the aforementioned Institution. The School authority pursuant to the permission granted by the District Inspector of School addressed a letter to Dinhata Employment Exchange for sponsoring the name of the candidates for selection to the said post. The local Exchange is said to have sponsored 11 candidates includin...
Tag this Judgment!Court : Kolkata
Decided on : Mar-01-1996
Reported in : [1996(73)FLR1452],(1997)ILLJ147Cal
Rabin Bhattacharyya, J.1. The petitioner, Karunaketan, has hit upon the writ application for issuance of Mandamus and for other collateral reliefs which fielded amongst others the quashing of charge-sheet dated July 5, 1984, annexure-A.Thus, I begin :-2. The petitioner while acting as Branch Manager, Dunlop Bridge, Allahabad Bank made advances, loans, overdrafts etc., with the approval of the authority between February 28, 1983 and May 21, 1984. Ultimately it turned to be a sore in his official career. Administrative functions of the said branch bore the dent as it was starving for the staff about which the respondents are in an inhospitable look. He did not receive feedback from the head office. The respondents charged him with misconduct for unwise and unauthorised acts of his contrary to Banking Rules, norms and procedures, namely Rules 3(1), 3(2), 3(3) and 3(4) of the Allahabad Bank Officer Employees' (Conduct) Regn., 1976. The misconduct had left him writhing in agony.3. Needless ...
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