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.

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.

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.

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.

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.

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].

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].

Criminal Law – NDPS Act – Bail – Commercial Quantity – Section 37 – Applicant found with 460 grams of MD (Commercial Quantity) – Held: The rigors of Section 37 apply. The Court must be satisfied that there are reasonable grounds to believe the accused is not guilty. Given the recovery and circumstances, such satisfaction cannot be recorded. [Paras 12-14]

Criminal Law – NDPS Act – Section 50 Compliance – Search of Person – Applicant argued panchas did not sign the Section 50 notice – Held: The Applicant signed the notice waiving her right to be searched by a Magistrate. The failure of panchas to countersign the Section 50 notice is a minor lapse and does not vitiate the search or entitle the accused to bail at this stage, especially when the search was conducted by a Gazetted Officer. [Para 9]

Criminal Law – NDPS Act – Section 42 Compliance – Held: The information received from co-accused was reduced to writing and forwarded to the Senior Officer. Section 42 compliance was prima facie established. [Para 7]

Decision: Bail Application rejected. [Para 17]

Civil Law – Rejection of Plaint – Order 7 Rule 11(d) CPC – Limitation – Suit for Specific Performance – Plaintiff filed suit in 2015 for an oral agreement allegedly made in 2008, asserting cause of action arose in 2010 when defendant sold land to third party – Held: Under Article 54 of the Limitation Act, the period is 3 years from the date fixed for performance or when notice of refusal is received. Even by plaintiff's own admission, refusal was manifest in 2010. Suit filed in 2015 is ex-facie barred by limitation. Clever drafting to create an illusion of cause of action cannot save a time-barred suit. [Paras 12-14, 18]

Civil Procedure – Rejection of Plaint – Refund of Money – Limitation – Plaintiff alternatively sought refund of money paid in 2008 – Held: Suit for recovery of money is governed by Article 113 (3 years). Suit filed 7 years after alleged payment is barred. [Para 17]

Decision: Revision Application allowed. Plaint rejected. [Para 20]