Case: Kakali Datta v State of West Bengal
Case No: WPA(P) 36/2023
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NOMINAL INDEXBerger Paints India Limited v JSW Paints Private Limited 2024 LiveLaw (Cal) 1Gopal Ranjan Bandopadhyay @ Gopal Ranjan Banerjee v Smt. Manidipa Banerjee (Talukdar) 2024 LiveLaw (Cal) 2Poulami Biswas v Shamik Biswas 2024 LiveLaw (Cal) 3State of West Bengal & Ors. v Achinta Roy @ Achinta Kumar Roy Ghatak Choudhury 2023 LiveLaw (Cal) 4MINATI BHADRA & ORS. v DILIP KR. BHADRA...
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NOMINAL INDEX
Berger Paints India Limited v JSW Paints Private Limited 2024 LiveLaw (Cal) 1
Gopal Ranjan Bandopadhyay @ Gopal Ranjan Banerjee v Smt. Manidipa Banerjee (Talukdar) 2024 LiveLaw (Cal) 2
Poulami Biswas v Shamik Biswas 2024 LiveLaw (Cal) 3
State of West Bengal & Ors. v Achinta Roy @ Achinta Kumar Roy Ghatak Choudhury 2023 LiveLaw (Cal) 4
MINATI BHADRA & ORS. v DILIP KR. BHADRA & ORS. 2023 LiveLaw (Cal) 5
Biresh Poddar and another v State of West Bengal and others 2024 LiveLaw (Cal) 6
Swapan Kumar Roy Versus The Union of India & Ors. 2023 LiveLaw (Cal) 7
Tufan Mahata Versus The State of West Bengal & Ors. 2023 LiveLaw (Cal) 8
Bapan Mondal -versus The State of West Bengal & Ors. 2023 LiveLaw (Cal) 9
Fabian Ricklin, alias Ranabir Vs. State of West Bengal & Ors. 2023 LiveLaw (Cal) 10
M/s. Narendra Tea Company Private Limited Vs Union of India & Ors. 2023 LiveLaw (Cal) 11
ORDERS/JUDGEMENTS
Citation: 2024 LiveLaw (Cal) 1
Case: Berger Paints India Limited v JSW Paints Private Limited
The Calcutta High Court recently dismissed an interim injunction application in a suit filed by Berger Paints to restrain JSW Paints from using the term 'SILK' in conjunction with their product range sold under the trademark 'HALO'.
A single bench of Justice Krishna Rao held:
The use of the expression “SILK” for paint finish is customary in the trade and is not capable of being protected as trademark with respect of paints, emulsions and distempers. The defendant has not applied for the registration of the mark “SILK” and does not intend to market its product under a trade mark “SILK”. The products of the defendant are sold under the mark “HALO”, such as, with the word “Silk” being used only to define the finish/sheen of the paint. By comparison of the two marks, in my view both appears to be substantially different and there is no similarity between both the labels.
Citation: 2024 LiveLaw (Cal) 2
Case: Gopal Ranjan Bandopadhyay @ Gopal Ranjan Banerjee v Smt. Manidipa Banerjee (Talukdar)
The Calcutta High Court has recently dismissed an appeal by a husband challenging the decision of the trial court which dismissed his prayer for dissolution of marriage with his wife, granting him a decree of judicial separation instead.
The petitioner/husband had alleged that the wife had committed acts of 'mental cruelty' by alleging that the petitioner's mother had a mental illness, misbehaving with her in-laws, and had also deserted the petitioner by taking away their daughter and leaving the matrimonial home.
A division bench of Justice Harish Tandon and Justice Madhuresh Prasad held:
The issue of mental illness has not been established or proved with any material in the trial. Such allegation, per se cannot be viewed to constitute an act of mental cruelty. There is also nothing on record to show that the petitioner at any time prior to filing of the suit in question had objected to the respondent residing with her parents, or made any efforts to bring her back to the matrimonial home.
Citation: 2024 LiveLaw (Cal) 3
Case Name: Poulami Biswas v Shamik Biswas
The Calcutta High Court has recently held that a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act (HMA).
In allowing the husband's plea for dissolution of marriage, a division bench of Justice Harish Tandon and Justice Madhuresh Prasad held:
Interestingly, the wife in her evidence categorically deposed that she initiated the proceeding under Section 498A/406 of the IPC on the advice of the learned Advocate. The said proceeding ended in an acquittal of all the accused named therein including the husband. Lodging a false criminal case under Section 498A/406 of the IPC is also one of the element of cruelty and, therefore, the Court cannot ignore the same while considering the appeal on merit.
Citation: 2023 LiveLaw (Cal) 4
Case: State of West Bengal & Ors. v Achinta Roy @ Achinta Kumar Roy Ghatak Choudhury
The Calcutta High Court has recently held that the State must protect citizens and respect their Constitutional right to property, enshrined under Article 300A of the Constitution of India.
In directing the authorities to pay damages of Rs 2 lakhs for unlawfully evicting the plaintiffs from the suit property, without any basis in the year 2000, a single-bench of Justice Siddhartha Roy Chowdhury directed for the plaintiff's possession to be restored within 90 days of the order. It held:
Admittedly during pendency of the proceeding before the learned court below the defendant -State evicted the plaintiffs from the suit property which was out and out an illegal act. State is supposed to protect the citizens and respect their right of property which is being considered as constitutional right. Therefore, the State has incurred the obligation to pay damages for unlawful possession of the property effect from 1.5.2000 till the possession is restored.
Citation: 2023 LiveLaw (Cal) 5
Case: MINATI BHADRA & ORS. v DILIP KR. BHADRA & ORS.
The Calcutta High Court has recently held that when documentary evidence is available, oral testimony of witnesses would not be able to rebut its probative value.
A single bench of Justice Siddhartha Roy Chowdhury held: When documentary evidence is available the oral testimony of D.W. 2 is not sufficient to rebut the probative value of Exhibit- 7, 8, 8/1 and 9.
The Court was hearing an appeal by the plaintiff who had initially filed a suit for partition stating that Chhabi Rani Bhadra, his mother was the original owner of the suit property, and died intestate in 1984, leaving the property to her husband and son.
Citation: 2024 LiveLaw (Cal) 6
Case: Biresh Poddar and another v State of West Bengal and others
The Calcutta High Court has allowed a plea for early release, moved by a convict, who had been sentenced to life imprisonment for murdering his wife and five children by strangulation inside their house, as well as stabbing another tenant of the premises with a sharp weapon.
A single bench of Justice Sabyasachi Bhattacharya noted that the convict had suffered almost 23 years of imprisonment and was on parole at the present juncture. In ordering for him to not be retaken into custody, it held:
The heinous nature of the crime committed by the petitioner no.1 has been sufficiently addressed by penalizing the petitioner no.1 by way of almost twenty three years of incarceration. The mere apprehension of certain people cannot be a sufficient reason for refusing premature release to the petitioner. It is made clear that since the petitioner no.1 is already on parole which is due to end tomorrow, that is, January 4, 2024, the petitioner no.1 shall not be taken back in custody.
Citation: 2023 LiveLaw (Cal) 7
Case: Swapan Kumar Roy Versus The Union of India & Ors.
The Calcutta High Court has come to the aid of a CISF Constable who had been prematurely retired by the Senior Commandant of his unit/DIG for refusing transfers to locations away from Kolkata, with leave of the High Court, to stay with his daughter who has special needs.
In allowing the petitioner to place his case before the Review Board for reconsideration of his order of premature retirement, a single bench of Justice Raja Basu Chowdhury held:
I permit the petitioner to make a representation before the review committee. In the event the review succeeds then all consequential terminal benefits be made available to the petitioner by treating the petitioner to be in notional service till the date of normal superannuation. Needless to note that the aforesaid direction is being passed in the peculiar facts of the case. The above decision must be taken by the review committee within a period of six weeks from the date of making the representation along with the communication of this order, having due regard to the orders passed by the coordinate bench of this Hon'ble Court, and the special situation encountered by the petitioner on account of his specially abled child.
Citation: 2023 LiveLaw (Cal) 8
Case: Tufan Mahata Versus The State of West Bengal & Ors.
The Calcutta High Court has laid down guidelines for Leader of Opposition Suvendu Adhikari's visit to Netai village in order to pay homage to those who lost their lives in the 2011 Netai massacre.
The Court issued these guidelines in a plea seeking directions on the State authorities to allow the LOP and his associates to visit the village and to garland the Shahid Bedi on 7th January 2024.
A single bench of Justice Jay Sengupta held:
The petitioner and the Leader of Opposition, along with the security personnel only, shall be entitled to visit the place for garlanding at the Shahid Bedi and paying homage to the victims on that date between 5 PM and 6 PM. The Administration shall make adequate arrangements by deputing armed personnel so that no untoward incident can take place. It is clarified that taking into consideration the gravity of the occasion, on either dates none of the parties would make it a political issue or indulge in slogan shouting or give political speeches or commit other similar acts.
Citation: 2023 LiveLaw (Cal) 9
Case: Bapan Mondal -versus The State of West Bengal & Ors.
The Calcutta High Court has imposed a cost of Rs 10,000 on a man who claimed that his wife had gone missing and was having an illicit affair after himself 'dumping her' and their minor child at his in-laws' house.
A single bench of Justice Jay Sengupta held:
The categorical stand taken by the petitioner in the writ petition and before the police authorities about going missing of his wife is in direct contradiction with the information that is being provided today. The difference becomes more stark when read in the light of the report filed by the State. The petitioner cannot feign ignorance about the actual facts and yet, try to set criminal law in motion with a distorted version. The petitioner is not coming with clean hands. This Court finds no merit in this application. Accordingly, the writ petition is dismissed with a cost of Rs.10,000/-
Citation: 2023 LiveLaw (Cal) 10
Case: Fabian Ricklin, alias Ranabir Vs. State of West Bengal & Ors.
The Calcutta High Court has dismissed a writ petition by a Swiss citizen, who was adopted in the year 1988, against the Specialised Adoption Agency through which he was given for adoption.
Petitioner argued that after coming of age, he began a 'search for his roots' and wanted to retrace his pre-adoptive links, but due to the failure of the respondent authorities to preserve its records
In dismissing his plea upon holding that the petitioner did not have any penal action or claim for damages against the respondent authorities, a single bench of Justice Sabyasachi Bhattacharya held:
In the absence of any strict legal obligation on the adoption agency to retain such surrender deed, particularly for so long, no penal action or direction can be passed against the respondent no. 5 with regard to the admitted absence of the document with it. Hence, the petitioner does not have a remedy either in damages or in penal action against the Specialised Adoption Agency insofar as the non-preservation of the surrender deed is concerned. Hence, the remedy sought in the present writ petition cannot be granted, particularly in view of the delay of almost two decades by the petitioner to come up with the present search after attaining majority.
EOU Procuring Excise Duty Tea From Manufacturer Entitled For Drawback: Calcutta High Court
Case Title: M/s. Narendra Tea Company Private Limited Vs Union of India & Ors.
Citation: 2023 LiveLaw (Cal) 11
The Calcutta High Court has held that 100% Export Oriented Unit (EOU) which has procured bulk tea from the manufacturer and excise duty is entitled to avail the benefit of drawback.
The bench of Justice Md. Nizamuddin has observed that the petitioner has procured excise duty-paid tea in respect of the subject shipping bills. The sample invoices and shipping bills clearly show duty was paid on procurement by the petitioner. Under such circumstances, there could be no reason to deny a drawback to the petitioner, which is an EOU.
OTHER DEVELOPMENTS
Case: Soumen Nandy v State of West Bengal
Case No: WPA 9979/2022
The Calcutta High Court on Tuesday recorded reports filed by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) notifying the Court of the progress of their investigation into the multi-tier cash for jobs/recruitment scam in West Bengal.
Earlier, a single bench of Justice Amrita Sinha had directed the agencies to submit their reports upon noting that the ED had questioned AITC MP Abhishek Banerjee and his associates in connection with their involvement with one Leaps & Bounds Pvt Ltd, a firm which was allegedly used to embezzle funds generated from the recruitment scam.
On the present occasion, DSG Billwadal Bhattacharya appeared and submitted the CBI's report, while DSG Dhiraj Trivedi submitted the report on behalf of the ED.
"Corruption is hanging like an albatross around the process of recruitment. This is shocking.
Case: SUBIR ROYCHOWDHURY v UNION OF INDIA AND ORS.
Case No: WPA(P)/611/2023
The Calcutta High Court today heard a plea based on a whistleblower's complaint, seeking a National Investigation Agency (NIA) probe into the alleged engagement of 'Pakistani & Iranian Nationals' as sea-farers on Indian Flag-carrying ships.
Counsel for the petitioner submitted that service had not been effected on the respondents and that the petitioners did not wish to serve the respondents till the matter had been taken up by the Court & investigated by the NIA as an offense under the Unlawful Activities Prevention Act (UAPA) to avoid tampering of evidence given the peculiar facts of the case.
Upon hearing the plea, a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya called for a report on the issue by the Ministry of Home Affairs (MHA) and held:
"Based on the peculiar circumstances of the case, the petitioner has not served the respondent to avoid tampering of evidence. An RTI made by the petitioner before the DG Shipping has revealed that the recruitment companies are authorised to recruit Indian seafarers only. The petitioner has access to material proving that these agencies are recruiting non-Indians on ships that come into Indian waters. This according to the petitioner poses a serious national security risk. Before we issue notice, we direct the MHA to file a report in a sealed cover and place before court on the next hearing date."
Senior Advocate Kishore Datta Appointed As Advocate General Of West Bengal
The West Bengal government appointed Senior Advocate Kishore Datta as Advocate General (AG) for the State. The appointment was confirmed by the Governor's office on 16th December 2023.
This followed the resignation of Sr Advocate SN Mookherjee, who held the post of AG from 2021 and resigned on November 10, 2023, citing personal reasons.
This marks a second stint as AG for Datta who had previously held the post from 2017-2021, before resigning himself.
Case: Sri Rama Prasad Sarkar v State of West Bengal
Case No: WPA (P) 622/2023
The Calcutta High Court has called for a report from the Director of IPGMER & SSKM Hospital, detailing the health condition, duration of admission, and the facilities availed by high-profile accused in the Recruitment Scam including Sujoy Krishna Bhadra, who was alleged to have been admitted to the hospital for months on end in order to stall the Enforcement Directorate (ED) investigation.
In refusing to form an opinion without hearing the Advocate General, a division bench of CJ TS Sivagnanam and Justice Supratim Bhattacharya held:
Admittedly, the SSKM hospital and IPGMER cater to all people regardless of their status. If these allegations are true, it is a very serious matter. The court cannot embark on an evaluation exercise of the accused lodged in the hospital. The treating doctors must make an honest assessment. We direct the director of the IPGMER at SSKM hospital to file a report on the facilities and how long they have been availed by the patients as well as a brief note on their health condition.
The Calcutta High Court has directed the State's Transport Department and police authorities to conduct inspections on all buses entering the city's Central Business District (CBD) in the Esplanade-Central Bus Terminus Area, to check for alleged repeated violations of permit conditions.
These observations came in a plea alleging that pursuant to an earlier order of the Court, the State had come up with Regulations restricting the movement of buses in the CBD, and had stopped issuing permits for plying altogether after 2004.
In holding that merely fining the buses that were plying unauthorisedly would not serve any purpose, and that their permits would need to be suspended altogether, a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya held:
"It appears that the transport dept has not been effective in the matter, which has been taken advantage of by the persons who ply the buses unauthorisedly. Therefore the transport dept is directed to form a team of officers and conduct a thorough check of all the vehicles plying through the area for valid permits. If not available, the vehicle be detained. If the fine had been paid earlier and still they are violating, then permits should be suspended before a show-cause notice is issued prior to cancellation. Unless strict action is taken by the dept, this illegality cannot be prevented. In order to assist, the police shall provide adequate assistance."
The Calcutta High Court on Tuesday heard a plea mentioned by an advocate against Recruitment scam accused Sujoy Krishna Bhadra alias 'Kalighater Kaku.'
The plea filed as a public interest litigation was mentioned before a division bench of Chief Justice TS Sivagananam and Justice Supratim Bhattacharya.
It was argued that Bhadra had allegedly booked out a block for himself at SSKM hospital in Kolkata, where he would repeatedly get admitted in order to avoid the ongoing Enforcement Directorate ("ED") investigation against him.
"There is great urgency, because Bhadra, a recruitment scam accused is unnecessarily and deliberately keeping one block admitted in the SSKM hospital. This is stalling the ED investigation," it was submitted.