Rajinder Kumar
15 October 2014 at 18:59
I am convicted by trial court u/s 420,471 to get govt job by producing forged ST certificate. some office lapses went against me but the ST certificate itself is a big evidence that it was not a forged document. we filed appeal u/s 374(3) CRPC.My lawyers are saying that there is no chance to examine ST certificate by handwriting expert and forensic expert (to know the age of paper) now in appellate court. But I am sure that there will be some provisions for it. please give me idea how can i get examined the ST cetificate by forensic expert? under 391 CrPc?
Anand Saraf
15 October 2014 at 18:55
GA No.3120 of 2014
CS No.358 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
PANGHAT SAREES PVT. LTD.
-Versus-
PANGHAT & ORS.
Appearance:
Mr. Ranjan Bachawat, Sr. Adv.
Mr. Debnath Ghosh, Adv.
...for the plaintiff.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 26th September, 2014.
The Court : Let the affidavit of service filed in Court
today be kept with the records.
In spite of service of this application, none has
appeared to oppose this application. The petitioner is claiming to
be the sole proprietor of 'Panghat'. It is stated that the
petitioner is the owner of the trademark Panghat Sarees and has
been continuing the same since 1999. It was initially in the name
of Nirmal Saraf and thereafter the private limited company was
formed in 2003. It is stated that the petitioner is the assignee
of the trademark Panghat from Nirmal Saraf, who is the promoter-
director of the company. On 30th January, 2014, on an application
filed by the petitioner, the trademark 'Panghat Sarees' have been
2
registered in the name of the petitioner in Class-24 under the
Trademarks Act, 1999. The petitioner has also filed an application
on 19th August, 2014 for registration of the wordmark "Panghat
Sarees" in Class-24 under the Trademarks Act, 1999 to protect its
exclusive proprietary right over the wordmark. In July, 2014, the
petitioner came to know that the respondents are trying to sell
sarees under an identical and deceptively similar mark "Panghat" from 127A, Park Street, Kolkata-700 017. Immediately, a cease and desist notice was issued on 20th August, 2014. Following such notice an e-mail was forwarded to the Advocate of the petitioner stating that the partnership firm was established on 1st April, 2010. A deed of partnership, executed by the partners, dated 1st April, 2010 was also forwarded to the Advocate-on-record of the petitioner. Although the wordmark has not been registered, but the fact remains that the labelmark namely, "Panghat Sarees" have been registered on 30th January, 2004 and the said registration is still valid and subsisting. It also appears that the volume of sale of the sarees of the petitioner has increased considerably from 2004-05. In such a situation, an obligation is cast upon the defendant to explain to the adoption of the wordmark "Panghat". In spite of notice the defendants are not represented. This Court is, prima facie, of the view that the petitioner has a strong prima facie case and the balance of convenience lies in favour of passing an ad interim order in favour of the petitioner. Accordingly, there shall be an order in terms of prayer (b) of the petition.
The matter is made returnable on 3rd November, 2014. The petitioner is directed to communicate this order to the respondents.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SOUMEN SEN, J.) A/s.
Can we file application for summoning of any douments from appropriate authority before the start of trial or framing of charges in 498a cases
Priyanka
15 October 2014 at 18:33
Dear Experts,
I have been working in the field of HR and training for the last 8 years in various MNCs across the globe. I was a business partner till last month with a 'profit making' pvt ltd company focusing on employability skills.
I am planning to start on my own in the field of skill development. Since my focus will be on 12th drop outs who usually are below poverty line or just about there, i am unable to come up with a profit making business model as it will be unaffordable for most of the prospective students.
Because my major objective is to make a difference in the society by enabling the youth with required technical and soft skills and giving them a recruitment platform for job opportunities, someone very senior suggested me to form a section 25 company. I have researched on the Web as much as i could, but still have certain queries.
I don't want to seek advice of a CA or lawyer yet since I am at a very preliminary stage right now and honestly i already have too many expenses lined up for the company's various affiliations.
Hence, this forum seemed to be an option to me to start with.
I will be very grateful if I could get answers from any of the expert panelists.
Below are the queries -
1. I understand I will need 2 to 7 Directors on board. How much would be their remuneration ideally? Or how is it calculated?
2. Just to confirm - will all the employees starting from MD to Ops manager or Admin person be paid their salaries as per regular industry standards? The net profit (calculated after deducting employee salaries, director salaries and all other expenses) will be put back into the company?
3. How do I raise the start up capital for the company? Can I approach corporates for CSR funds? If I have a robust business plan, will they be ready to invest? If they do, will they be coming on board?
Awaiting your response.
Thanks in advance!
Regards,
Priyanka
Rani
15 October 2014 at 17:19
Dear Sir/Mam
There was a case in my family where the Daughter in Law died & her family filed a case under Sec 306,498(A).
The father in Law of the deceased is A Nationalized Bank Employee who is on Bail Now. Can he be re instated in Service after suspension revocation while on Bail?
Is there any Law regarding it.Does he require any letter from the polie station where the case was filed regarding his Reinstatement in Service & Suspension Revocation.
Urgent help required.
Roopa
15 October 2014 at 17:13
Respected Sir/Madam,
My grand Father died last year i.e my mother’s father he had his own property & last year when he was suffering in illness my mother’s three brothers made Gift deed as per there requirement & they registered from my grandfather end. Now my Grandfather is no more & they have left little land to my mother & for her younger Sister, but they are not giving any proper documents to make the left land to my mother’s name & my aunt’s name.
What is the procedure to make the land register in my mother’s name? My grandmother is alive & the three sons never listen to her words of making the land to her daughter’s name & she is very upset since she want to give the little share whatever is left to be given to her daughters as early as possible.
Please advise what are the steps & procedures to get the land registered.
Somnath
15 October 2014 at 17:04
My friend working West Bengal Police as Sub-Inspector of Police. His girlfriend named Sarmista Ghosh lodged one complain at Shibpur Police Station,Howrah, West Bengal u/s376 and 420 of IPC on August 2012. After that she was not attended any investigation. Now she wants to withdraw the case and she done one affidavit to the concern PS. But PS denied to take that and do not give any charge sheet or frt to court. But she wants to withdraw the case. Kindly let me know what is the procedure and any judgement to do the case compounding.
kalpana
15 October 2014 at 16:53
Land was acquired and award was passed the matter wAs referred to civil court. The court enhanced the compensation. The matter was carried in appeal however the same was dismissed the order of the lower court has become final. In the mean some third parties claiming to be owners obtained a decree against the corporation who acquired the land that. They are the absolute owners of the land against which appeal is also pending. In the mean time original claimants have preferred ep and the was ordered. Unfortunately in none of the proceedings before the court the claim of the third parties is brought to the notice of the execution court. Now the apprehension of the corporation is that if the amount is paid as per the orders in ep to the claimants if tomorrow these third parties claim the said amount they will have to pay double the amount for the land acquired. In this situation is it advisable to give a notice to the third parties that we are paying the compensation to the claimants.
Alpesh Makkampara
15 October 2014 at 16:52
In my 125 case wife has given statement in application and affidavit that my salary is 30,000.At time of cross examination she has given statement that my is not 30,000, that is not true.
can this be include in crpc 340 application?
Marriage registration process
Hi,
Is it necessary to get the marriage registered within 2 months? Is there no scope to register thereafter or is it not allowed at all?
Do we have any professional services provided for making this process smoothly? It seems to involve a lot of paper work, GO certificate, witnesses etc.
Pls advise ASAP.