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.

Taxation Law - Customs Act – Undervaluation of Imported Goods – Acceptance of Enhanced Value – Appellant imported Dryers, Heaters and Coolers and declared value which was later found to be understated – Investigation revealed non-inclusion of design charges forming part of transaction value – Appellant accepted enhanced valuation and paid differential duty without challenge – Held: Valuation having attained finality, assessee cannot subsequently contest consequences flowing from such undervaluation [Paras 4–9, 14–16].

Customs Valuation – Design Charges – Inclusion in Assessable Value – Design and engineering charges relating to imported machinery held includible under Rule 12 read with Rule 10(b)(iv) of the 2007 Rules – Notifications granting nil duty to “plans, drawings and designs” held applicable only to those items as independent assessable commodities and not to design charges embedded in value of imported machinery – Argument based on Notifications rejected [Paras 10–11, 17–18].

Confiscation – Section 111(m) – Misdeclaration of Value – Goods liable to confiscation where declared value in Bill of Entry does not correspond with actual transaction value – Appellant’s admitted undervaluation squarely attracted Section 111(m) – Held: Confiscation of goods and redemption fine imposed under Section 125 upheld [Paras 20–22].

Penalty – Section 112(a) – Improper Importation – Once goods are rendered liable to confiscation under Section 111, penalty under Section 112(a) follows – No scope for discretion where undervaluation is admitted and not a matter of bona fide interpretational dispute – Penalty imposed upheld [Paras 23–25].

CESTAT – Scope of Appeal – Where assessee accepts valuation and challenges only confiscation and penalty – Held: Tribunal justified in dismissing appeal since confiscation and penalty were direct statutory consequences of admitted undervaluation [Paras 8–9, 22, 25].

Decision: Appeal dismissed – Substantial questions of law answered in favour of the Revenue and against the assessee – Confiscation under Section 111(m), redemption fine and penalty under Section 112(a) upheld – No 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 – 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.

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]

Criminal Law – Attempt to Murder – Appeal against Acquittal – State challenged judgment acquitting respondents of offences under Section 307 IPC and Section 307/34 IPC – Held: Prosecution failed to prove beyond reasonable doubt that injuries were caused by accused – Acquittal justified [Paras 1, 17, 20].

Evidence – Identification of Accused – Absence of Test Identification Parade – Injured and alleged eye-witness did not know accused earlier – Accused identified for first time in Court – Occurrence took place at night and assailants were standing in darkness – Held: Dock identification without prior TIP is weak and unreliable – Identity of accused not established [Paras 12-13].

Evidence – Injured Witness – Contradictions – Injured stated in police statement that assailants were unknown and standing in dark – Subsequently identified accused in Court – Identification held improbable as injury was inflicted from behind and injured became unconscious – Testimony not trustworthy [Paras 12-13].

Witness Testimony – Presence of Eye-Witness – PW5 Kartar Singh claimed to be present – Injured did not name or refer to PW5 either in FIR or evidence – PW5 closely related to injured – Did not take injured to hospital – Held: Presence of PW5 at spot doubtful and possibility of being introduced witness cannot be ruled out [Para 14].

Circumstantial Evidence – Recovery – Shoe allegedly recovered from spot on third day and another from accused – Place of occurrence was busy thoroughfare – Held: Recovery highly improbable and unreliable [Para 15].

Motive – Absence – Though motive not mandatory in every case – In facts of present case absence of motive weakened prosecution case – Failure to establish reason for accused to attack complainant [Para 16].

Appeal against Acquittal – Scope of Interference – Presumption of innocence reinforced by acquittal – Appellate Court to interfere only in case of perversity or illegality – No infirmity or perversity found in trial Court judgment – Acquittal upheld [Paras 18-19].

Decision: Appeal dismissed – Judgment dated 27.11.2003 passed by Additional Sessions Judge, Fast Track Court, Faridkot acquitting respondents upheld – Pending applications disposed of.

Consumer Law – Maintainability of Writ – Challenge to National Commission Orders – High Court holds that although writ under Article 226 is maintainable against National Commission orders, such jurisdiction is to be exercised sparingly and ordinarily declined when Article 227 remedy exists – Petitioner’s challenge rejected as findings of Consumer Fora were concurrent, factual, and non-perverse – Held: Writ petition not maintainable on facts; no exceptional circumstance shown [Paras 18–21, 24–27]

Alternate Remedy – Article 226 vs. Article 227 – When supervisory jurisdiction under Article 227 is available, invocation of Article 226 ordinarily impermissible unless there is violation of natural justice, patent lack of jurisdiction, or infringement of fundamental rights – Supreme Court precedents in Whirlpool, Harbanslal Sahnia, Radha Krishan Industries, Ibrat Faizan and Rikhab Chand Jain applied – Petitioner failed to bring case within exceptions [Paras 12–16, 18–21]

Consumer Protection Act – Concurrent Findings – Real Estate Project – Consolidation Proceedings – Petitioner alleged force majeure under Section 56 of the Contract Act – Consumer Fora found that project land was under consolidation and possession never with petitioner – Petitioner's pleas rejected repeatedly – High Court refuses re-appreciation of facts in writ jurisdiction – Findings held reasonable and not perverse [Paras 22–24, 26]

Jurisdiction – Supervisory Role of High Court – National Commission treated as ‘Tribunal’ under Articles 136 & 227 – High Court reiterates its limited power of interference and declines to act as appellate authority over factual determinations of Consumer Fora [Paras 15–16, 18–21]

Decision – Writ Petition dismissed – No interference warranted with orders of District, State or National Consumer Commissions – Parties to bear their own costs [Para 27].

Labour Law – Legal Representation – Section 36(4) ID Act – Employer’s Right to Counsel – Applicant, a small laundry employing 4–5 persons, sought leave to engage an Advocate for cross-examination in Reference proceedings – Labour Court rejected request solely on objection of workman – Held: Refusal was mechanical and contrary to settled law – Court must exercise discretion to prevent prejudice and ensure fairness – Impugned order set aside [Paras 6, 11–13, 17–18].

Industrial Adjudication – Fair Trial – Principles of Natural Justice – Petitioner was unskilled in legal procedure and unable to cross-examine or present evidence effectively – Denial of legal aid to such a party violates Articles 14 and 21 – Right to fair hearing includes reasonable opportunity to defend with appropriate representation – Leave under Section 36(4) must be interpreted liberally in such cases [Paras 15–16].

Statutory Interpretation – Consent and Leave under Section 36(4) – Twin conditions of opposite party’s consent and Court’s leave are mandatory – However, Court must scrutinise mala fide or arbitrary denial of consent – Labour Court has power to override such refusal in interest of justice – Consent cannot be used to exploit or disadvantage the other party [Paras 9–10, 14].

Legal Framework – Special Law vs. General Law – Advocates Act vs. ID Act – Section 30 of Advocates Act does not override Section 36 of ID Act – ID Act being special legislation governs representation before Labour Courts – Special law prevails over general law – Labour Court’s discretion remains intact [Paras 9, 23–24].

Judicial Precedents – Court relies on Bangalore Water Supply, Paradip Port Trust, T.K. Varghese, Thyssen Krupp Industries, and Yeshwant Harichandra Gharat to reaffirm that denial of representation must not result in inequality or miscarriage of justice – Representation must be allowed where required for effective participation [Paras 4.1–4.4, 14].

Decision: Civil Revision Application allowed – Labour Court's order dated 01.12.2023 quashed – Applicant permitted to engage Advocate of choice – Labour Court to proceed on merits – Appreciation recorded for Legal Aid Counsel Mr. Shailesh Pathak [Paras 18–20].

Electricity Law – Pilferage of Energy – Civil Liability – Criminal Acquittal – Clause 39.15 – Acquittal on benefit of doubt does not extinguish civil liability for pilferage – Recovery under APSEB (Recovery of Dues) Act and Section 52-A Revenue Recovery Act upheld – Limitation counts from final appellate criminal judgment – Writ petition dismissed with costs.

Electricity – Pilferage of Energy – Departmental Assessment – Criminal vs. Civil Consequence – Held: Theft of energy embodies two distinct components—(i) criminal liability punishable under law, and (ii) civil liability to pay for unrecorded consumption – Even if prosecution fails to secure conviction, civil liability survives unless charge is proven false – Acquittal based on benefit of doubt does not bar recovery proceedings.

Terms & Conditions of Supply – Clause 39.15 – Effect – Acquittal on any ground other than “charge is false” does not bar recovery – Sessions Court and High Court acquitted petitioner only on benefit of doubt; hence civil liability intact – Recovery proceedings maintainable.

Evidence – Criminal Case Findings – Session Court found prosecution failed to prove existence or use of remote controller; seals intact; possibility of tampering not established – Held: Such findings only raise doubt, not a declaration of false charge – Therefore, civil liability unaffected.

APSEB (Recovery of Dues) Act, 1984 – Applicability – Assessment order of Superintending Engineer (31.07.1992) confirmed by Chief Engineer (23.10.2001) attained finality – Dues fall within definition under Sections 2 & 3 – Recovery as arrears of land revenue under Section 6 valid – Form-A (06.12.2001) and Form-B notices (18.04.2002) validly issued  .

Revenue Recovery Act, 1864 – Section 52-A – Validity – Authorises recovery of public dues by treating them as arrears of land revenue – No inconsistency with Electricity Act, 2003 – Recovery for electricity dues permissible – Supported by Supreme Court jurisprudence affirming competence of States to confer such powers on revenue authorities.

Electricity Act, 2003 – Primacy Clauses (Sections 173, 174, 185) – No inconsistency between the 2003 Act and APSEB Recovery Act – Hence, old dues recoverable without recourse to Special Court under Section 153 – Civil recovery mechanism preserved.

Limitation – Article 113, Limitation Act – Cause of action accrues only after final appellate criminal judgment – Here, High Court’s decision in Criminal Appeal No. 721/2008 dated 14.11.2011 marked such accrual – Recovery notice dated 18.09.2014 within 3-year limitation – Recovery not time-barred.

Decision:  Writ petition dismissed with costs of Rs.5,000/- – All connected applications closed [Final Para] .