Calcutta High Court Weekly Round-Up 15th April- 21st April 2024

NOMINAL INDEX

ANJANI PUTRA SENA v STATE OF WEST BENGAL AND ORS 2024 LiveLaw (Cal) 87

EMAMI LIMITED v HINDUSTAN UNILEVER LIMITED 2024 LiveLaw (Cal) 88

Paschim Banga Cha Majoor Samity & Ors. v The State of West Bengal & Ors. 2024 LiveLaw (Cal) 89

Ashadul Sekh and others v The State of West Bengal and other 2024 LiveLaw (Cal) 90

Prabir Kumar Mitra vs State of West Bengal & Ors. 2024 LiveLaw (Cal) 91

Uphealth Holdings Inc v. Glocal Healthcare Systems Pvt Ltd 2024 LiveLaw (Cal) 92

Berger Paints India Ltd. Versus JSW Paints Pvt. Ltd 2024 LiveLaw (Cal) 93

Calcutta High Court Allows Ram Navami Procession In Howrah, Asks State To Requisition Central Forces If It Can't Manage Crowd

Citation: 2024 LiveLaw (Cal) 87

Case: ANJANI PUTRA SENA v STATE OF WEST BENGAL AND ORS

The Calcutta High Court has allowed a plea by the Anjani Putra Sena to carry out its annual Ram Navami Yatra (procession) in Howrah on 17th April (Wednesday).

A single bench of Justice Jay Sengupta allowed the procession whilst adding that there should not be any sloganeering, or hate speech and capped the number of attendees to 200.

The Court further clarified that the State is expected to have the resources available to manage a gathering of 200 people and that in case it was facing difficulties in doing the same, it was free to requisition central forces in writing, by giving 24 hours' notice.

Calcutta High Court Restrains HUL From Using 'Glow & Handsome' Trademark In Infringement Suit By Emami

Citation: 2024 LiveLaw (Cal) 88

Case: EMAMI LIMITED v HINDUSTAN UNILEVER LIMITED

The Calcutta High Court has restrained consumer goods giant Hindustan Unilever Ltd (HUL) from using the 'Glow & Handsome' trademark to sell its men's care products following a suit by Emami Ltd. whose brand "Fair & Handsome" allegedly held the major market share.

In 2020, HUL changed the name of its men's skin cream from “MEN'S FAIR & LOVELY” to “GLOW & HANDSOME.” Emami immediately challenged HUL's use of the mark “GLOW & HANDSOME” before the Calcutta High Court, on the basis that this constitutes infringement and passing off of Emami's well-known and reputed mark “FAIR AND HANDSOME.”

In finally deciding the case, a single bench of Justice Ravi Kishan Kapur held:

A conscious and deliberate decision by a competitor in adopting a leading, prominent and essential component of a trade rival while seeking to change the name of its existing brand is not something which can be disregarded. In choosing the word “Glow and Handsome”, there is also an element of taking unfair advantage of a leading, prominent and essential feature of the petitioner's mark which deceives or is likely to deceive. Nobody has any right to represent the goods of somebody else. In doing so, the rival takes a “free ride”. There is no line between permissible free riding and impermissible free riding. All “free riding” is unfair.

Calcutta High Court Directs Govt To Finalise Minimum Wage Of Tea Plantation Workers Within 6 Weeks, Calls It A Statutory & Legal Right

Citation: 2024 LiveLaw (Cal) 89

Case: Paschim Banga Cha Majoor Samity & Ors. v The State of West Bengal & Ors.

The Calcutta High Court's circuit bench at Jalpaiguri has directed the West Bengal government to finalise the minimum wage of tea plantation workers within 6 weeks, under the Minimum Wages Act, 1948.

This comes after a coordinate bench had upheld the interim hike in wages for the workers and directed the state to finalise a minimum wage within 6 months. Upon the expiry of this period, the petitioners represented by Senior Advocate Dr S Muralidhar approached the Court stating that the State had not complied with the Coordinate bench's direction for setting a minimum wage.

Upon hearing these submissions, a single bench of Justice Aniruddha Roy held:

To receive minimum wages is a statutory and legal right under the Minimum Wages Act. Even an individual if thinks fit that he is deprived of such legal right can maintain a writ petition. [State] shall decide the issue in the light of the observation made by the co-ordinate bench In the matter of: Goodricke Group Limited & Ors. (Supra) as quoted above, by passing a reasoned order in accordance with law. The entire exercise as directed above shall be carried out and completed by the respondent No. 2 positively within a period of six weeks from the date of communication of this order.

Calcutta High Court Sets Aside Notice Preventing Forest Dwellers From Entering Forest Lands; Restrains Further Action Till Their Rights Are Decided

Citation: 2024 LiveLaw (Cal) 90

Case: Ashadul Sekh and others v The State of West Bengal and other

The Calcutta High Court has set aside a notice by the Range Forest Officer, Krishnanagar which prevented forest dwellers from entering into forest land for the purpose of staying or cultivating.

In setting aside the notice upon observing that the interests of the forest dwellers had not been accounted for, a single bench of Justice Sabyasachi Bhattacharya held that:

No process of recognition rights as envisaged in Rule 12A of the 2007 Rules have been initiated in the locality. Notice issued by the Forest Range Officer, Krishnagar Range, which was not preceded by any such exercise and purports to oust the petitioners from their forest dwellings and to deprive them and others of the locality on similar footing of their rights under the 2006 Act, was de hors the law and palpably without jurisdiction.

Writ Petition On Issue Of Thika Tenancy Not Maintainable: Calcutta HC Declines Plea, Directs Party To Approach WB Land Reforms & Tenancy Tribunal 

Citation: 2024 LiveLaw (Cal) 91

Case: Prabir Kumar Mitra vs State of West Bengal & Ors.

The Calcutta High Court has dismissed a writ petition filed by one Prabir Kumar Mitra (landlord) for a declaration to the effect that a petrol pump run by Indian Oil Corporation Limited on the land of the writ petitioner did not vest under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 or West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.

In dismissing the plea, a single bench of Justice Suvra Ghosh held:

This Court is inclined to hold that the writ petition seeking declaration to the effect that the petrol pump in question did not vest under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 or West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 is not maintainable before this Court. WPA No. 2710 of 2023 is, therefore, dismissed on the ground of maintainability.

Power Under Section 9 Of A&C Are Wider Than Power Of Court Under Order 38 Rule 5 Of CPC: Calcutta High Court

Citation: 2024 LiveLaw (Cal) 92

Case Title: Uphealth Holdings Inc v. Glocal Healthcare Systems Pvt Ltd, AP-COM/490/2024

The High Court of Calcutta has held that power of a Court exercising powers under Section 9 of the A&C Act are wider than the powers of a Court under Order XXXVIII Rule 5 of CPC. It held that unlike under CPC, the dissipation of assets is not a mandatory requirement for interim relief under Section 9 of the A&C Act.

The bench of Justice Ravi Krishan Kapur a petitioner under Section 9 of the A&C Act cannot be burdened with the rigours of Order XXXVIII Rule 5 of CPC.

Calcutta HC Declines Appeal Against Order Which Held That Using Word 'Silk' To Denote Paint's Finish Was Customary, Not Protectable As Trademark

Citation: 2024 LiveLaw (Cal) 93

Case: Berger Paints India Ltd. Versus JSW Paints Pvt. Ltd

The Calcutta High Court has upheld an order by a single bench which held that using the word 'silk' to denote a paint's finish was customary in nature, and could not be protected as a trademark.

A division bench of Justices IP Mukherji and Prasenjit Biswas held:

There shall be no interference with the impugned judgment and order dated 12th December 2023 provided the respondent uses the word “silk” on the tumbler only when the product contained therein has a silk finish and does not use that word when the product has any other finish/sheen. Such description would be maintained in the website of the respondent and in any other form of advertisement of the product.