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Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 145 publication of official journal Sorted by: recent Court: kolkata Year: 2009 Page 1 of about 3 results (0.607 seconds)

Sep 23 2009 (HC)

State of West Bengal and ors. Vs. Asiatic Investment Limited and ors.

Court : Kolkata

Decided on : Sep-23-2009

Pranab Kumar Chattopadhyay, J.1. The instant appeal has been preferred at the instance of the State of West Bengal and its authorities assailing the judgment and order passed by a learned Judge of this Court whereby and where under the said learned Judge allowed the writ petition on merits. While allowing the writ petition, learned Single Judge of this Court declared that the entire acquisition proceedings relating to the property in question stood lapsed on account of publication of the award after the expiry of the prescribed period as provided in Section 11A of the Land Acquisition Act, 1894. The learned Single Judge, therefore, held that the award, having been made in a lapsed proceeding, is a nullity and accordingly, quashed the same.2. The facts relating to the acquisition proceedings in respect of the property in question are briefly narrated hereinafter:On 16th June, 1998, a notification was published in the Calcutta Gazette under Section 4 of the Land Acquisition Act, 1894 for...

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Sep 07 2009 (HC)

Chemithon Engineers Pvt. Ltd. Vs. Secretary, Department of Atomic Ener ...

Court : Kolkata

Decided on : Sep-07-2009

Surinder Singh Nijjar, C.J.1. This Letters Patent Appeal is directed against the judgment of the Learned Single Judge dated 6th February, 2009 rendered in W.P. No. 477(w) of 2009. By the aforesaid judgment, the Learned Single Judge has passed the following operative directions:On this petition being received, an interim order was made staying all further proceedings before the patent office. Since the petitioner says that its appeal from the order dated November 7, 2008 is pending and the petitioner has not had an opportunity of presenting its case before the appellate tribunal, the hearing of the private respondent's objection to the patent will remain stayed for a period of eight weeks from date or the first opportunity that the petitioner is afforded to make a prayer for an interim order in the appeal, whichever is earlier. If the petitioner cannot persuade the appellate tribunal to allot it a date for hearing its interim prayer within the time stipulated, it will be open to the con...

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Aug 31 2009 (HC)

The Chairman, West Bengal Council of Central School Service Commission ...

Court : Kolkata

Decided on : Aug-31-2009

Inadira Banerjee, J.1. This appeal is against a judgment and order dated 29th September, 2003, whereby the learned Single Judge inter alia allowed the writ petition being W.P. No. 17229 (W) of 2001 (Prabir Kr. Ghosh and Ors. v. State of West Bengal and Ors.) and directed the West Bengal Regional School Service Commission to recommend those of the writ petitioners who had ranked within 66th in the panel for appointment to appropriate schools and further directed the Regional School Service Commission not to advertise vacancies for the posts for which the writ petitioners had been selected, without recommending the writ petitioner for appointment.2. Before 1st November, 1997, the Managing Committee of a recognized aided non-government school was, in terms of Rule 28 of the Management of Recognized Non-government Institutions (Aided and Unaided) Rules, 1969 framed in exercise of powers conferred by Section 45(1) and 45(2)(d) of the West Bengal Board of Secondary Education Act, 1963, entit...

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Aug 21 2009 (HC)

Bablu Mitra and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Aug-21-2009

Sanjib Banerjee, J.1. On the menu is a limited diagnosis of the state of health of the public healthcare in the State. A clutch of petitions challenges a government memorandum of June 12, 2009 and subsequent notices inviting tender for supply of cooked diet for indoor patients at State-run hospitals and like institutions. Most of the petitioners, including the ones in the first petition, are existing suppliers of cooked diet to Government hospitals; some of the other petitioners are not existing suppliers but, like the petitioners in the first petition, intended to put in their bids at the time that the petitions were instituted. The petitioners challenge the notification and the tender terms on two primary grounds: that the eligibility criteria set therein are absurd and mala fide and have no nexus with the work covered thereby; and, that the revised rates for supply of cooked diet to all Government-run hospitals are irrational and contrary to the observations found in at least one ea...

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Mar 24 2009 (HC)

B. Doloi @ Bhagwan Doloi Vs. the Commandant, Cisf Unit, Farakka Barrag ...

Court : Kolkata

Decided on : Mar-24-2009

Indira Banerjee, J.1. This appeal is against a judgment and order dated 19th June, 2001, of the learned Single Judge dismissing the writ application being C.R. No. 13010 (W) of 1982, filed by the appellant.2. The appellant was a Constable under the Central Industrial Security Force (CISF). On 17th May, 1980, when the appellant was posted at the CISF unit at Farakka, a charge-sheet was issued to the appellant, wherein it was alleged that the appellant had wilfully not attended the Commandant's ''Sabha'' held at 17.00 hours on 16th May, 1980 and had instigated other personnel of the CISF not to attend the same, thereby acting in a manner unbecoming of a member of the CISF.3. It is not in dispute that the appellant was not present at the Commandant's 'Sabha'. The appellant's case was that the appellant was not aware of the 'Sabha' and accordingly went to a cinema show.4. By a letter dated 28th May, 1980, the appellant sought inspection of the report of the preliminary enquiry and the stat...

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Feb 06 2009 (HC)

Secretary, Department of Atomic Energy, Government of India Vs. the Co ...

Court : Kolkata

Decided on : Feb-06-2009

Reported in : LC2009(2)323

Sanjib Banerjee, J.1. The petitioner holds a patent for a process of treating exhaust gas emission produced during the combustion of coal in a coal combustion plant for reducing suspended particulate matter. The application to protect the invention was made in January of 1999 and the patent was sealed in the petitioner's favour on April 26, 2005 whereupon the grant dated back to the time of the application. The petitioner's essential complaint is the illegal procedure adopted by the controller of patents to insist on hearing an objection of the fifth respondent to the patent without first taking up the petitioner's application for amendment of the patent.2. The petitioner maintains that it is the application for amendment that had to be taken up first and questions the controller's rationale to reject the proposed amendment 'for the time being.' The immediate grievance and the foundation for this petition are somewhat different.3. The writ petition is being disposed of without calling ...

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Jan 27 2009 (HC)

Biswanath Shaw Vs. the Central Bank of India and ors.

Court : Kolkata

Decided on : Jan-27-2009

Reported in : AIR2009Cal243

Sanjib Banerjee, J.1. The writ petitioner challenges the respondent bank's conduct in cancelling a tender and inviting further offers without reference to the petitioner who was the only eligible bidder following the initial invitation. The writ petitioner insists that upon a person being identified as the only eligible or the most qualified bidder, a right vests in such person which cannot be lightly disturbed.2. The respondent bank, controlled by the government, took possession of an immovable property under the Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 and issued a notice under Rules 8(6) and 9 of the Security Interest (Enforcement) Rules, 2002. The petitioner responded to the sale notice of March 13, 2008, deposited the sum of Rs. 1,25,000/- along with his bid and his offer was found to be the only one eligible in terms of the bank's advertisement. On April 22, 2008 the bank acknowledged that the petitioner's was the only qu...

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Feb 25 2009 (HC)

Food Corporation of India Vs. Central Government Industrial Tribunal a ...

Court : Kolkata

Decided on : Feb-25-2009

Reported in : (2010)ILLJ496Cal

Pratap Kumar Ray, J.1. Challenging the judgment and order dated February 18, 2005 passed by learned trial Judge in W.P. No. 21368 (W)/1999 this appeal has been preferred. By the impugned judgment under appeal, writ application was dismissed on merit passed by the learned trial Judge.2. The writ petitioner, Food Corporation of India, hereinafter referred to as 'FCI', is appellant before us. FCI challenged the award of the Central Government Industrial Tribunal, Asansol dated June 9, 1999 whereby the Tribunal answered the reference under Section 10 of the Industrial Dispute Act, namely, 'whether the demand of Durgapur Casual Workers' Union for absorption of 49 casual workmen as per list enclosed by the management, FCI, Durgapur is justified? If not, what relief they are entitled to?', in the. affirmative in favour of the workmen directing' the 49 casual workmen to absorb by the management within 3 months from the date of enforceability of the award on the sole ground that continued casua...

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