Court : Kolkata
Decided on : May-18-2000
Reported in : (2000)3CALLT412(HC)
M.H.S. Ansari, J. 1. I had the benefit of reading the judgment of my learned Brother Sinha, J. in agreeing with the conclusions to the effect that the appeal in the instant case is maintainable under Clause 15 of the Letters Patent, 1 wish to state my own reasons therefor, as under:2. The matter has been referred to the Special Bench for considering the correctness of the Division Bench Judgment of this Court in M/s. Merchants of Traders (P) Ltd. v. M/S. Sarmon Pvt. Ltd.. reported in (1997)2 CAL LT 38(HC). By the said Judgment, the Division Bench held that the appeal preferred against an order of a learned single Judge of this High Court is not maintainable under Clause 15 of the Letters Patent. The learned single Judge by his order under appeal before the said Division Bench had granted conditional leave to defend the suit in terms of Order 37 Rule 5 of the Code of Civil Procedure. In coming to the said conclusion, the Division Bench had followed the ratio' of the earlier Division Ben...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-09-2000
Reported in : 2000LC1(SC); (2000)3GLR2548; JT2000(7)SC151; 2000(4)SCALE713; (2000)5SCC573; [2000]Supp1SCR86; 2001(1)LC181(SC)
M. Jagannadha Rao, J.1. Leave granted.2. In trade mark cases, the tension is between protectionism on the one hand and allowing competition on the other. In the late nineteenth century where law was regarded as a science, the legal formalists laid down principles and legal rules, treating trade mark as 'property'. In the beginning of this century, legal realists laid emphasis on pragmatic considerations of economic policies and 'real world results' and the 'likelihood of confusion'. Of late, the tension between protectionism and competition has increased. (See Vol. 59 'Law and Contemporary Problems, 1996, No. 2 P.5 at p. 14) (A Personal Note on Trade Mark etc. by Milton Handler).3. This is a plaintiffs appeal against the judgment of the Gujarat High Court in A.F.O. No. 203 of 1999 dated 24.8.1999, by which the High Court of Gujarat allowed the appeal preferred by the respondent-defendant and set aside the temporary injunction which was initially granted on 25.2.99 and which was confirm...
Tag this Judgment!Court : Guwahati
Decided on : Sep-26-2000
D. Biswas, J. 1. This Public interest Litigation has been registered at the instance of the petitioners, namely Shri Soubodh Sarma - a Consulting Engineer by profession and Smt. Sabita Goswami - a Journalist. The miserable plight of a women namely Smti Jahanbi Goswami Sharma, wife of and AIDS patient have prompted them to file this petition to espouse the cause of those who are infected or suspected to have been infected by HIV or AIDS, and the members of their family. 2. Before we advert to the problems raised in the writ petition, it would be of great assistance to know before hand what is HIV, how it is spread, how to detect it and the treatment to be given. All humans, fortunately, have a natural defence system against diseases caused by foreign organisms, i.e. the immune system, consisting inter alia of the white cells, including T-helper cells, (also know as the CD 4 cells) in the blood as well as the lymphatic systems. The immune system recognises the foreign organisms, techni...
Tag this Judgment!Court : Guwahati
Decided on : Sep-26-2000
D. Biswas, J.1. This Public interest Litigation has been registered at the instance of the petitioners, namely Shri Soubodh Sarma - a Consulting Engineer by profession and Smt. Sabita Goswami - a Journalist. The miserable plight of a women namely Smti Jahanbi Goswami Sharma, wife of and AIDS patient have prompted them to file this petition to espouse the cause of those who are infected or suspected to have been infected by HIV or AIDS, and the members of their family.2. Before we advert to the problems raised in the writ petition, it would be of great assistance to know before hand what is HIV, how it is spread, how to detect it and the treatment to be given. All humans, fortunately, have a natural defence system against diseases caused by foreign organisms, i.e. the immune system, consisting inter alia of the white cells, including T-helper cells, (also know as the CD 4 cells) in the blood as well as the lymphatic systems. The immune system recognises the foreign organisms, technicall...
Tag this Judgment!Court : Kolkata
Decided on : Sep-05-2000
Reported in : AIR2001Cal47,(2001)1CALLT194(HC),2000(2)CHN679
T. Chatterjee, J.1. By consent of parties, the appeal is treated as on day's list and is disposed of along with the application for grant of interim relief being G.A. No. 235 of 2000.2. This appeal is preferred against an interim order passed by a learned Judge of this Court in ALP No. 216 of 1999.3. The order under appeal runs as under :--'There will be an interim order to the effect that there will be a stay of hearing of the pending proceedings before the learned Tribunals. The interim order, if any, passed by the Tribunal shall continue without prejudice to the rights and contentions that this application is not maintainable. Directions for filing affidavits given :-- A/O. is to be filed after the one week after the vacation, reply one week thereafter, liberty to mention. This matter is adjourned sine die after the Supreme Court Judgment.' 4. Mr. Shib Das Banerjee appearing on behalf of the respondent has submitted before us that no appeal lies against the aforesaid order passed un...
Tag this Judgment!Court : Kerala
Decided on : Aug-25-2000
Reported in : 2001CriLJ81
S. Sankarasubban, J.1. This writ Appeal is filed against the Order in C.M.P. No. 35930 of 1998 in O.P. No. 12701 of 1998. Fourth respondent in the C.M.P. is the appellant. He is the fourth respondent in the Original Petition also. According to the appellant, he is a tenant of a building called 'Jaya Building,' Main road Kollam. The tenancy was given by one Durairaja Reddiar by executing an agreement of lease dated 6-1-1994. This lease deed enabled him to make alterations in the building. Accordingly, he effected some alterations in the building. When it was found that alterations were effected, the appellant received, from the Kollam Municipality, an order directing him to demolish the structure, which according to the Municipality, is unauthorised.2. Against the order of the Municipality, petitioner approached the Government. The Government issued an Order dated 22-6-1998, which is produced as Ext. P-5 in the Original petition directing the appellant to submit an application through t...
Tag this Judgment!Court : Rajasthan
Decided on : May-22-2000
Reported in : I(2001)ACC252; 2002ACJ145; 2000(3)WLC357; 2000(2)WLN608
N.N. Mathur and Amaresh K. Singh, JJ.1. Heard learned Counsel for the parties.2. This appeal has been preferred under Section 18 of the Rajasthan High Court Ordinance, 1949, against the judgment dated 3.1.96 passed by the learned single Judge of this Court in Civil Misc. Appeal No. 523 of 1994. By the aforesaid judgment, the learned single Judge dismissed the appeal and upheld the award dated 28.10.93 passed by the Workmen's Compensation Commissioner in Claim Case No. WE/67 of 3989 awarding a sum of Rs./ 76,856 as well as interest under Section 4-A(3) and penalty under Section 4-A(3) of the Workmen's Compensation Act, 1923.3. The facts giving rise to the present appeal may be briefly summarised as below:Sayed Khan Pathan was working as a driver on truck No. RSY 8071 belonging to Rafiq Khan (respondent No. 8). The truck was insured with the present appellant, namely, Oriental Insurance Co. Ltd., Jodhpur under policy No. 30/00143/90 dated 19.8.1989. On 19.8.1989 at 8 a.m., Sayed Khan Pat...
Tag this Judgment!Court : Patna
Decided on : May-28-2000
D.N. Prasad, J.1. This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner (Ram Pravesh Agrawal) for quashing of the First Information Report (Annexure-3) in Mandu PS Case No. 172/99 dated 21.7.1999 corresponding to G.R. Case No. 1207/99 under Sections 39/44 of the Indian Electricity Act, 1910 and under Section 379 of the Indian Penal Code including the entire prosecution launched against the petitioner, pending in the Court of the Chief Judicial Magistrate, Hazaribagh.2. Brief case of the prosecution leading to this application is that on 21.7.1999 a raiding party was organised for the purpose of detecting of energy theft and during the course of raid, it was found that M/s Rishi Cement Company Ltd. was showing 94887 units for the monthly consumption instead of 2,15,000/- unit and as such Company of which the petitioner is the Managing Director was committing theft of energy of about 1,20,000 units per month and causing loss to the Ele...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-25-2000
Reported in : 2000(2)ALD593
ORDERGoda Raghuram, J.1. MamataEducational Society, Khammam ('Mamata Society' for short), filed Writ Petition No.22675 of 1998 seeking a declaration that the action of the respondent-NTR University of Health Sciences, Andhra Pradesh ('University of Health Sciences' for short), in denying admission of 100 students who have come out successful and secured ranks in the EAMCET, into the first year MDBS course in Mamata Society College for the academic year 1998-99, is illegal and arbitrary.2. The said writ petition was disposed of by the judgment dated 11-11-1998 directing the University of Health Sciences to allot candidates to the college without reference to the letter of the Government of India dated 7-7-1998. It was also directed that as the college has already paid affiliation fees for the academic year 1998-99, the University of Health Sciences shall consider the same and take appropriate action.3. The Medical Council of India, which was not a party to Writ Petition No.22635 of 1998...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-16-2000
Reported in : 2000(6)ALD217; 2000(6)ALT1
..... based on the provisions of statutory transfer scheme notified by the state government under section 23 of the act, operational expenses and other costs involved for the year 2000-2001. the ap transco (hereinafter referred to as 'the ..... e (supra) in the following words:'..... the tariff fixation can be declared unconstitutional only if it is patently arbitrary, irrational, discriminatory or demonstrably irrelevant. the court inexercise of its judicial review jurisdiction ought ..... courts are not guardians of all kinds of rights of the people of the state, unless those rights are secured and protected by some constitutional provision which comes within the judicial cognizance. in 'a treatise on the constitutional limitation ..... amplitude, and looking at the substance of the legislation. the judgment of the supreme court in jathi v. calicut municipality, : [1970]1scr629 , embodies the principles of 'reading down' and according to this principle when the power of a legislature with ..... powers vested with the commission under section 10 of the act such as summoning and enforcing of attendance of witnesses, discovery and production of documents etc., together with the provision for appeal to the high court under section 39 of the act against the order or decision of the commission. ..... bodies67307272vii.general purpose321219119 ht i.industrial2148132112112ii.non-industrial327331818iii.agricultural3-1.150.40.4iv.railways390352424v.colonies32566 rescos5000 total54348081073792 rupees inlakhs1990-9158.64 .....
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