Commercial Law – Maintainability of Commercial Suit – Appellant challenged classification of suit as commercial on ground that no formal written agreement existed and service was not commercial – Held: Provision of transportation and storage of goods by Plaintiff (a packers and movers business) is a commercial transaction falling under Section 2(1)(c)(vii) and (xviii) of the Commercial Courts Act – Objection held untenable – Suit rightly instituted as a commercial suit [Paras 23-24]

Contract and Cause of Action – Recovery of Storage Rent – Plaintiff proved entrustment of goods and obligation to pay monthly rent of Rs.25,000/- – Defendant failed to lead evidence – Cause of action clearly made out – Existence of valid agreement inferred from conduct and documentary evidence – Plea that document was only a quotation held to be afterthought [Paras 25, 31]

Procedure – Electronic Records – Compliance with Order XI Rule 6 CPC – Plaintiff fulfilled requirements of declaration and certification under Section 65B of IEA and Section 63 of BSA – Court held procedural compliance was adequate – Defendant’s objections dismissed [Para 26]

Evidence Law – Relevance of Prior Judgments – Objection raised to admissibility of previous unchallenged judgments under Section 43 IEA / Section 37 BSA – Held: Judgments inter-partes admissible not as conclusive proof but as evidence of habitual default under Sections 8 and 13 of IEA – Relevance upheld [Paras 28-29]

Inspection and Condition of Goods – Local Commissioner Report – Allegation of damage to goods rejected – Most items intact, minor wear due to time – Refusal of Defendant to open sealed items led to adverse inference – No proof of misappropriation found [Para 30]

Equity and Unjust Enrichment – Defendant continued to enjoy benefit of storage without fulfilling payment obligations – Conduct showed intent to avoid liability while taking advantage of services – Trial Court's decree found just and equitable [Paras 32-34]

Decision: Appeal dismissed – Trial Court’s decree for Rs.6,00,000/- with interest @10% p.a. affirmed – Suit rightly treated as commercial – No procedural or evidentiary infirmity found – Costs imposed on Appellant.

Intellectual Property Law – Passing Off – Trade Dress – Trinity Test – Suit for injunction in respect of packaging and get-up of coconut oil containers – Plaintiff’s packaging in yellow and green HDPE bottles used since 2006 – Defendant’s similar packaging introduced in 2017 – Trial court granted interim injunction restraining use of deceptively similar trade dress – Held: Plaintiff has established (i) prior and continued goodwill since 1945 and with HDPE bottles since 2006, (ii) deceptive similarity in shape, colour scheme and label, and (iii) potential damage to market reputation – All three limbs of Trinity Test satisfied – No illegality in trial court’s order [Paras 47–77]

Trademarks – Infringement and Passing Off – Scope – Registration of individual elements (logo, label) does not bar common law action for passing off based on overall trade dress – Held: Section 27(2) of Trade Marks Act preserves passing off rights irrespective of registration – Passing off provides a broader remedy than infringement – Distinctive appearance and packaging entitled to protection [Paras 27–30, 42–45]

Interim Relief – Prima Facie Case – Irreparable Injury – Balance of Convenience – Where plaintiff demonstrates long-standing market dominance (Rs. 450 crore turnover), unique trade dress, and clear likelihood of confusion due to similar packaging used by defendant, interim injunction justified – Defendant’s claim of hair oil packaging refuted by lack of disclosure and admitted edible oil sales [Paras 55–61, 76]

Trade Dress – Average Consumer Test – Applicability in India – Court applied Indian test of average market-goer with ordinary recall value, not meticulous scrutiny – Impressionistic similarity between plaintiff’s and defendant’s packaging sufficient to cause confusion – Colour schemes, shape of bottles, coconut tree graphics and overall appearance compared holistically [Paras 48–54]

Publici Juris – Defence of Generic Packaging – Rejected – Defendant failed to prove common trade use of same trade dress – On the contrary, defendant’s own application for design registration of the bottle shape post cease-and-desist notice acknowledged distinctiveness [Paras 72–73]

Judicial Review – Appellate Interference – Appellate court will not interfere merely because another view is possible – Trial court’s reasoning was plausible and supported by record – No perversity or error found [Para 79]

Decision: Appeal dismissed – Order dated 15.05.2024 passed by Commercial Court at Alipore in Title Suit No. 23 of 2023 upheld – Connected applications CAN 2 and CAN 3 of 2024 also disposed of – Trial Court directed to adjudicate suit uninfluenced by findings in this order – No order as to costs.

Education Law – Withholding of Original Certificates – Petitioner, an MBBS student, withdrew mid-course due to health reasons and sought return of original certificates for admission to another university – Respondent institution withheld certificates citing pending balance fee for IV and V year – Held: Retaining original documents of a student is not a lawful means for fee recovery – Educational institutions have no lien over original documents of students – Such action unjustifiably hampers career progression [Paras 1-5, 17-19]

Right to Education – Unlawful Retention of Documents – Court held that documents like Transfer Certificate and Migration Certificate are personal property of the student and cannot be used as collateral for enforcement of financial obligations – Recovery of dues must follow legal procedure – Affidavits by student and parent empower university to recover dues but not to withhold original documents [Paras 17-18]

Judicial Precedents – Reliance on High Court Judgments – Reliance placed on judgments of Punjab & Haryana High Court in Sukhmanpreet Singh Cheema v. Union of India and Monika v. PT. B.D. Sharma University – Held: Institutions cannot retain documents for fee recovery – Also referred to Madras High Court decision in M. Kesavan v. Principal, Cheeran College of Pharmacy affirming same principle [Para 6-7]

Institutional Practice – MBBS Admission Guidelines – Information booklet clauses relied upon by University only pertain to submission of documents at admission – No clause permits prolonged custody or retention post withdrawal of admission – Court found no agreement, clause, or affidavit authorising retention of documents against unpaid fees [Paras 10-11, 18]

Fee Recovery – Appropriate Legal Remedies – Institutions may recover unpaid fee through legal means but cannot enforce payment by impounding student’s certificates – Petitioner had already paid three years’ fees for two years of study – Refusal to return documents disproportionate and without authority [Paras 12-13, 19]

Equity and Fairness – Career Prejudice – Court observed that unjustified withholding of documents severely prejudices educational rights of students – Petitioner’s admission in new university was at risk due to non-availability of documents required for examinations – Directed immediate release [Paras 19-20]

Decision: Application allowed – Jaipur National University directed to release original Class 12 Transfer Certificate and Migration Certificate to the petitioner forthwith and not later than 04/12/2025 – University may pursue lawful recovery of fees through appropriate legal process – Main writ petition listed for 22/01/2026.

Criminal Law – Murder - Appeal Against Acquittal – Interference – Principles – High Court reiterates that interference is permissible only when findings are perverse, based on misreading of evidence, or when only one view (guilt) is possible – Double presumption of innocence applies – Trial court’s findings found sound and not perverse [Paras 16–20, 49–51].

FIR – Delay and Suspicious Registration – Material contradictions between FIR version, GD entry (Ex. Ka-26), testimony of informant (P.W.1) and I.O. (P.W.5) regarding where, when and how FIR was lodged – Delay in FIR reaching Magistrate (4 days) and Circle Officer (2 days) further strengthened suspicion – Finding of trial court that FIR timing doubtful upheld [Paras 22–26].

Eyewitness Testimony – Chance Witnesses – P.W.1 (wife) and P.W.2 (son) claimed to witness incident while returning from doctor – Their presence found improbable due to contradictions regarding timings, medical treatment, travel distance, and improbable conduct – Court affirms trial court’s conclusion that both were ‘chance witnesses’ whose presence was not naturally explained [Paras 27–33].

Witness Credibility – Major Contradictions – P.W.1 and P.W.2 contradict each other on: (i) who drove the Bolero, (ii) number of assailants inside vehicle, (iii) manner of attack, (iv) direction of road, (v) presence of mud/grass in mouth, (vi) location of body – Such contradictions strike at core of prosecution case – Trial court rightly held their evidence unreliable [Paras 34–44].

Medical Evidence vs Ocular Evidence – No Crush Injuries – Prosecution alleged Bolero ran over deceased 3–4 times breaking limbs – Postmortem (Ex. Ka-2) showed no crush injuries, no broken limbs; only multiple abrasions/contusions; internal injuries inconsistent with running over by heavy vehicle – Ocular version not corroborated by medical evidence – Creates serious doubt on prosecution story [Paras 45–48].

Two Views Possible – Acquittal Sustained – Trial court’s findings based on reasonable appreciation of evidence; appellate court cannot substitute merely because another view is possible – Appeal dismissed [Paras 49–51].

Decision: Criminal Appeal dismissed – Acquittal of all accused affirmed – No perversity in trial court’s judgment – Findings consistent with evidence and established principles for appeal against acquittal [Paras 49–51].

Contract Law – Fraudulent Agreement – Sale of Vehicle under Hire Purchase – Void Contract – Plaintiff paid earnest money of Rs. 4,90,000/- under agreement dated 16.10.2012 for purchase of truck – Defendant represented that she had cleared substantial loan though outstanding dues existed – Agreement executed during subsistence of hire-purchase loan – Held: Agreement having fraudulent object is void under Section 23 of the Contract Act [Paras 3–7, 11].

Money Suit – Recovery of Earnest Money – Breach of Contract – Plaintiff sought refund of earnest money on discovery of fraud – Trial Court decreed suit directing refund of Rs. 4,90,000/- with interest – Appellate Court affirmed – High Court upheld concurrent findings – Held: Plaintiff entitled to restitution under Section 73 of the Contract Act [Paras 6–8, 11].

Hire Purchase – Ownership of Vehicle – Right to Transfer – During subsistence of hire-purchase agreement, ownership vests with finance company – Defendant had no legal right to sell vehicle to third party – Agreement of sale executed without title – Held: Defendant legally incompetent to transfer vehicle [Paras 7–8].

Evidence – Admission – Effect – Defendant admitted receipt of Rs. 4,90,000/- from plaintiff and failed to prove payment of Rs. 1,00,000/- to finance company as claimed – No documentary proof produced – Held: Admission coupled with absence of rebuttal evidence establishes plaintiff’s case on preponderance of probabilities [Paras 6–8, 11].

Civil Procedure – Section 100 CPC – Scope of Second Appeal – High Court reiterated that second appeal lies only on substantial question of law – Concurrent findings of fact by Trial Court and First Appellate Court based on evidence – Held: No substantial question of law arises for consideration [Paras 1, 11–12].

Restitution – Return of Property and Money – Vehicle seized in criminal case and handed back to defendant – Defendant having regained possession of vehicle cannot retain earnest money – Held: Direction to refund entire earnest money justified [Paras 9–11].

Decision: Regular Second Appeal dismissed – Judgment and decree dated 15.03.2021 in Money Suit No. 02 of 2014 and judgment dated 23.12.2022 in Money Appeal No. 1 of 2021 upheld – Decree directing refund of Rs. 4,90,000/- with interest affirmed.

Criminal Procedure – Quashing of FIR – Maintainability under Section 528 BNSS – Chargesheet and Cognizance Not on Record – Application Not Maintainable – Applicant sought quashing of FIR registered under Sections 420, 467, 468, and 471 IPC without placing the chargesheet or order of cognizance on record – Held: In absence of both, the application under Section 528 BNSS (formerly Section 482 CrPC) is not maintainable – Quashing remedy lies under Article 226 until cognizance is taken – Once cognizance is taken, Section 528 BNSS becomes applicable only if those documents are placed on record [Paras 13, 18]

Criminal Law – Second FIR on Same Allegations – Abuse of Process – Allegation of Fraudulent Sale Deed Based on Forged Power of Attorney – Applicant alleged that second FIR based on same set of facts as earlier FIR (FIR No. 39 of 2022) violates principles laid down in T.T. Antony v. State of Kerala, (2001) 6 SCC 181 – However, Court declined to adjudicate merits in absence of maintainability due to procedural lapse – Observed that merits cannot be examined where application itself is procedurally defective [Paras 2–4, 19]

Forgery and Cheating – Prima Facie Allegations – Civil Dispute Given Criminal Colour – Application of Law in Sheila Sebastian and G. Sagar Suri Cases – Applicant relied on Sheila Sebastian v. R. Jawaharraj, (2018) 7 SCC 581 to argue he was not the maker of false document and therefore not liable for forgery – Court declined to evaluate whether ingredients of forgery and cheating were satisfied due to procedural bar [Paras 3, 4, 15–16]

Scope of Inherent Powers – BNSS Section 528 (Old Section 482 CrPC) – Limited to Post-Cognizance Stage – Recent Supreme Court Clarification in Pradnya Pranjal Kulkarni Case – Citing Pradnya Pranjal Kulkarni v. State of Maharashtra, SLP (Crl.) No. 13424 of 2025, Supreme Court held that FIR can be quashed under Article 226 before cognizance is taken – After cognizance, quashing under Section 528 BNSS is available only if chargesheet and cognizance order are on record – Applied to dismiss current application [Paras 13, 18]

Judicial Discipline – Full Bench Binding Precedent – No Conflict with Apex Court View – Court considered Full Bench decision in Ram Lal Yadav v. State of U.P., 1989 APLJ (Cri) 107, and harmonized it with current law – Reiterated that police power to investigate is unfettered and cannot be interfered with under Section 528 unless misuse of power or abuse of process is evident – Quashing of FIR not permissible unless strict procedural compliance is met [Paras 7, 14]

Decision: Application dismissed as not maintainable – Applicant failed to place chargesheet and cognizance order on record – In absence of these, inherent powers under Section 528 BNSS (old Section 482 CrPC) cannot be invoked – Court declined to examine merits or legality of FIR – Remedy, if any, lies under Article 226 or by filing appropriate application post-cognizance with necessary documents [Paras 18–20]

Civil Law – Rejection of Plaint – Cause of Action – Distinction Between Non-disclosure and Non-existence – Rejection Set Aside – Suit filed by Indian-origin locally recruited staff of Italian Embassy alleging pay discrimination under Italian Presidential Decree – Trial court rejected plaint under Order VII Rule 11(a) CPC, holding no cause of action existed – Held: Learned Single Judge erred in prematurely evaluating merits – Factual questions such as classification, equal pay, and cost of living require evidence – Plaint disclosed triable issues – Impugned order set aside – Suit to proceed to trial [Paras 1–3, 16–22, 26–27]

Service Law – Equal Pay for Equal Work – Diplomatic Employment – Prima Facie Claim – Appellants pleaded being in the same homogeneous category as their Italian-origin counterparts – Alleged violation of Article 157 of Italian Presidential Decree – Held: Prima facie case made out – Whether pay parity applies requires trial – Plaint not liable to rejection at threshold [Paras 4–5, 17–18]

Pleadings – Scope of Order VII Rule 11 CPC – Summary Rejection Improper – Court reiterated that plaint must only be rejected if it fails to disclose any cause of action on its face – Distinction drawn between non-disclosure (procedural defect) and non-existence (merits-based conclusion) – Rejection not warranted where plaintiffs allege material facts supporting a right to sue, even if ultimately unproven [Paras 20–22]

Limitation – Recurring Cause of Action – Suit Maintainable – Respondents’ objection of limitation rejected – Held: Discriminatory pay alleged to be ongoing, giving rise to recurring cause of action – Part relief may be barred, but entire suit not liable to be dismissed – Doctrine of laches inapplicable [Paras 24–25]

International Law – Sovereign Immunity – Consent Under Section 86 CPC – Appellants obtained prior consent from Government of India to sue foreign state – Objection to maintainability on grounds of sovereign immunity not accepted at preliminary stage [Para 7, 14]

Judicial Precedents – Reiterated Principles – Reliance placed on Popat and Kotecha Property v. State Bank of India Staff Assn., (2005) 7 SCC 510, Mayar (H.K.) Ltd. v. M.V. Fortune Express, (2006) 3 SCC 100 – Courts must not adjudicate merits while considering rejection under Order VII Rule 11 CPC [Para 22]

Decision: Appeal allowed – Order rejecting plaint set aside – Application under Order VII Rule 11(a) CPC dismissed – Suit restored for trial on merits [Paras 26–28]

Criminal Law – Bail - Rape Allegation – Consent – Breach of Promise to Marry – Petitioner accused of offences under Sections 69 and 75(1) r/w 3(5) of BNS for allegedly refusing to marry the victim after a consensual relationship – Relationship between petitioner and respondent lasted over three years – Victim lodged complaint only after petitioner refused marriage – Held: In light of Supreme Court rulings, consensual relationship based on a genuine promise to marry, later not fulfilled due to intervening circumstances, does not amount to rape – FIR lacks allegations showing false promise from inception – No prima facie case under Section 69 BNS made out [Paras 3–14]

Bail – Principles for Grant – Promise to Marry – Consent and Misconception of Fact – Court relies on binding precedents from Supreme Court including Amol Bhagwan Nehul, Prithivirajan, Kunal Chatterjee, and Maheshwar Tigga – Held: Physical relations on the basis of a genuine promise to marry do not constitute rape unless it is proved that the promise was false from the beginning – Petitioner's prolonged relationship and absence of coercion negate allegation of misconception of fact – Bail granted with stringent conditions [Paras 4–16]

Bail – Conditions Imposed – Accused directed to furnish bond with sureties and report weekly to police – Restrictions imposed on travel outside Andhra Pradesh and on influencing witnesses – Cooperation with investigation mandated [Para 16]

Decision: Criminal Petition allowed – Bail granted to the petitioner/accused on furnishing bond and subject to strict conditions including weekly reporting, restricted travel, non-interference with witnesses, and cooperation with investigation.

Civil Law - Order VII Rule 11(d) CPC – Rejection of Plaint – Suit by Public Trust – Mandatory Consent Under MPT Act – Plaintiffs’ own pleadings and annexed documents repeatedly describing Defendant as “trustee/permanent trustee/erstwhile trustee” held decisive – Suit for recovery of compensation for misuse of trust property by a trustee falls squarely within Section 50 clauses (a), (e), (f), (p), (q) – Held: Without prior consent of Charity Commissioner under Section 51, suit is statutorily barred [Paras 11–18].

Trust Property – Recovery from Trustee – Section 50 MPT Act – Suit seeks recovery of compensation for occupation of trust property by Defendant during tenure as trustee – Documents (letters, opinions, correspondence) annexed to plaint addressing Defendant as trustee held to override later verbal assertions that he was a “trespasser” – Plaint averments read holistically demonstrate action against trustee for breach/misconduct, not trespass – Section 50 attracted [Paras 10–15].

Trespass Argument Rejected – Plaintiffs’ Case Inconsistent with Record – Plaintiffs’ attempt to classify Defendant as “rank trespasser” held untenable when plaint averments and exhibits consistently acknowledge him as trustee discharging obligations – Once trust itself admits fiduciary capacity, suit cannot be framed as simple trespass to bypass statutory requirement of consent [Paras 14–17].

Scope of Section 51 MPT Act – Consent Mandatory – When suit is of a nature specified under Section 50, plaintiffs must obtain Charity Commissioner’s prior written consent; Commissioner becomes necessary party – Absence of consent renders suit non-maintainable at inception – Bar attracts Order VII Rule 11(d) CPC [Paras 16–18].

Pleadings Control O7R11(d) – Court Reiterates – For O7R11(d), plaint averments and plaint documents alone are considered – Defence cannot cure statutory bar – Here, plaint itself revealed suit to be one “relating to trustee” requiring consent; absence is fatal [Paras 7–12].

Decision: Interim Application allowed – Plaint rejected under Order VII Rule 11(d) CPC – Suit held not maintainable without prior consent under Sections 50 & 51 MPT Act – Pending Interim Application No. 4005 of 2025 disposed [Paras 19–21].