Court : Kolkata
Reported in : 2007(1)CHN143,2007(35)PTC761(Cal)
Pinaki Chandra Ghose, J.1. This appeal has been filed from an order dated 17th February, 2006 passed by the Hon'ble First Court whereby His Lordship was pleased to restrain the defendant/appellant herein using the word 'SEC' anywhere to market their product. His Lordship was also pleased to grant stay for a period of two months from date in the event the defendants change their mark 'SEC'.2. Fact of the case briefly are as follows:The plaintiff/respondent No. 1 carries on business as Shiva Engineering Company. The said Shiva Engineering Company was earlier a partnership firm with its partner Virendra Prasad Jaiswal and Surendra Prasad Jaiswal. After the said dissolution the plaintiff carries on business in the name of the said firm as a proprietor thereof. The plaintiff is a manufacturer of electric fan under the trade mark 'SEC'. Plaintiff uses the said trade mark since about the year 1988 and having its registration No.683188 in respect of the said trade mark 'SEC and device' which i...
Tag this Judgment!Court : Kolkata
Reported in : (2003)2CALLT253(HC)
D.P. Sengupta, J.1. Both the aforesaid Death Reference and Criminal Appeal are being dealt with and disposed of by this judgment as they arise out of the same judgment of learned Sessions Judge, 3rd Bench, City Sessions Court, Calcutta passed in Sessions Trial No. 1(March)/96. The trial Court by its judgment dated 22.6.2000 convicted both the appellants under Section 302/34 of the Indian Penal Code for committing murder of three aged ladies and by its order dated 26.6.2000 sentenced both the appellants to death.2. The trial Court has referred the case under Section 366 of the Code of Criminal Procedure to this Court for confirmation of death sentence. Both the death reference and the criminal appeal are being disposed of by this judgment as already noted above.3. The prosecution case was as follows:On Bijoy Kumar Khandelwal of 7, Rajendra Dev Road, Calcutta-7 lodged an information with Jorasanko Police Station to the effect that he was a resident of the 2nd floor in the said premises w...
Tag this Judgment!Court : Kolkata
Reported in : AIR2004Cal258
ORDERJayanta Kumar Biswas, J.1. The sixteen plaintiffs in Civil Suit No. 352 of 2002 filed the suit in this Court against the twelve defendants on July 24th 2002. The plaintiffs prayed for the following reliefs :-'The plaintiffs pray for leave under Order 1, Rule 8 of the Code of Civil Procedure and claims :-(a) Perpetual injunction restraining the defendants Nos. 1 to 11. their men, agents. servants and assigns from interfering with and/or invading the plaintiffs right title and interest in the various portions of the premises No. 33A, Jawhar Lal Nehru Road. Calcutta, 700 071 morefully stated in Annexure-'B' hereto.(b) Perpetual injunction restraining the defendants Nos. 1 to 11, their men, agents servants and assigns from invading any part of the common areas of the building at the said premises the Voltas air conditioning plaint situated in the basement in an area of 800 sq. ft. approx and the cooling tower on the roof as also the ducts connecting the Voltas air conditioning plant w...
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal86
M.N. Roy, J. 1. This memorandum of appeal from original order, is directed against the judgment and order dt. 6th Aug. 1979, passed in Civil Rule No. 1791(W) of 1977, by Bimal Chandra Basak, J. By that order, the learned Judge has made the Rule absolute and directed the issue of or Writ of Mandamus restraining the respondents before him, from proceeding against the writ petitioner under the provisions of the West Bengal Government Premises (Tenancy Regulation) Act, 1976 (hereinafter referred to as the said 1976 Act). While making such order, the learned Trial Judge, however, made it clear that if the Respondents before him have any other right under any other law or provisions of the statute, the order as made, will not prevent them from proceeding with the same in accordance with law.2. The writ petitioner, who is Respondent 1 before us, claimed in his petition, that after the partition of Bengal, he along with the other members of his family, came to West Bengal in search of permanen...
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal519,(1965)ILLJ387Cal
Bose, C.J.1. This is an appeal from an order of Sinha J. made on a writ petition quashing a notification dated the 16th May, 1960 issued under the Minimum Wages Act, 1948 and directing the respondents to forbear from giving effect to the same.2. On 19th May, 1959 the Government of the State of West Bengal in exercise of its powers under Section 27 of the Minimum Wages Act, 1948 issued a notification, adding the cinema industry in West Bengal in Part 1 of the Schedule 1 to the said Act as one of the scheduled employments. This notification was published in tha Calcutta Gazette on 4th June 1959. On 16th May 1960 the said State Government issued a notification fixing the minimum wages of several categories of employees employed in the cinema industry in West Bengal in exercise-of its powers under Section 3 of the Minimum Wages Act This notification was published in the Calcutta Gazette-dated the 19th May 1960. On 31st May, 1960 one Surendra Ranjan Sarkar and two others made an application...
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal311
1. The plaintiffs are the widow and minor children of one Sanat Kumar Dutta-Gupta who was killed in an air crash. They have instituted this suit under the Fatal Accidents Act for the recovery of damages against the defendant Corporation. It is pleaded in the plaint that the deceased Sanat Kumar purchased a ticket as a passenger from Dum Dum Airport to Jorhat on the defendant's scheduled route known as the Calcutta-Mohonbari route. On March 21, 1956 at about eleven o'clock in the morning the aircraft crashed while landing at Salami Airport. Sanat Kumar was killed in the crash. The plaintiffs' case is that the death of Sanat Kumar was caused by the negligence of the defendant Corporation or its employees. The particular of negligence are set out in paragraph 5 of the plaint. Leave to furnish further particulars of negligence and/or misconduct however was reserved after discovery. Such further particulars were furnished at the time of the opening of the case by Mr. Dutt Roy the learned co...
Tag this Judgment!Court : Kolkata
Reported in : (1987)0CALLT179(HC)
Manash Nath Roy, J.1. The Institute of Cost and Works Accountants of India, Respondent No. 1 (hereinafter referred to as the said Institute), is a body corporate and constituted under Section 2(f) of the Cost and Works Accountants Act, 1959 (hereinafter referred to as the said Act) and the appellant was appointed as a Director of Research of the same sometime in September 1969. He as a petitioner moved and obtained Civil Order No. 15007 (W) of 1981, challenging the validity of the decision of the Council of the said Institute, as communicated to him by the Secretary of the same, by his letter dated 19th October 1981, whereby the said Secretary, further to his letter dated 23rd September 1981, informed him that he was directed by the Council of the said Institute to regret to inform the appellant that the Council of the said Institute was unable to allow him to withdraw his resignation, which was already accepted with effect from 1st September 1981 and as such, requested the appellant t...
Tag this Judgment!Court : Kolkata
Reported in : (1995)2CALLT280(HC)
Surya Kumar Tiwari, J.1. This appeal arised put of CO. No. 3223 (W) of 1983 decided that on 9th January, 1992 by Mr. Justice Mahotish Mazumdar.2. The three petitioners (respondents in this appeal) were working as 'rakshaks' in the Railway Protection Force. They were alleged to have committed serious misconduct while performing their duties as 'rakshaks'. They were deputed to an escort goods train No. 733 UP. The train was looted in the way and the petitioners failed to protect the goods transported in the train. It was alleged that the petitioners did not make any efforts to prevent the theft or to apprehend the criminals. It was also alleged that the petitioners connived with the criminals.3. The Assistant Security Officer, Eastern Railway, Kachrapara passed the order of removal (on 7.4.1983) of the petitioners from the service with immediate effect.4. The petitioners have challenged the order of removal on the ground that without holding any departmental inquiry or without affording ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal27
G.K. Mitter, J.1. This is an application for an interim injunction pending the determination of the suit to restrain the defendant, his servants and agents from publishing the words mentioned in paragraph 4 of the petition or any of them or any similar words or words to the like effect which are defamatory of the plaintiff.2. This suit was filed on June 13, 1960, by the plaintiff, a company incorporated under the Indian Companies Act and having its registered office at No. 15, Chittaranjan Avenue, Calcutta, within the jurisdiction, of this Court. The defendant is described in the plaint as the printer, publisher and editor of a Bengali weekly newspaper called 'Mayurakshi' having circulation among other places in Calcutta within the jurisdiction of this Court and in the district of Birbhum. The full text of the publication, a good portion whereof is in Bengali, is contained in Annexure 'A' to the plaint. It refers to the way in which the plaintiff company carries on business and there c...
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal61
Ramendra Mohan Datta, Actg. C.J.1. This appeal arises from the judgment and order of Basak, J. dated June 18, 1980.2. The matter was in respect of an application under Article 226 of the Constitution of India wherein the petitioners Elgin Properties challenged an order of requisition bearing No. 13/80 REQN dated 17th April, 1980 issued by the State of West Bengal in exercise of powers conferred by Sub-section (1) of Section 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as the said Act). The Rule Nisi issued herein was discharged by the learned Judge and the application was dismissed. All interim orders were ordered to be vacated. Elgin Properties thereupon preferred this appeal.3. The facts are that the Official Trustee for West Bengal, the respondent No. 6 herein is the trustee to the trust of D. A. David for Davidian Girls' School by and under a deed of trust dated September 28, 1974 and as such trustee is the legal ow...
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