Preventive Detention – NDPS – Delay in Passing Detention Order – Live and Proximate Link – Writ petition challenging detention order dated 14.10.2025 passed under Section 3(1) of PIT-NDPS Act, confirmed for one year from 23.10.2025 — Petitioner convicted in 2020 under NDPS Act; later granted bail on appeal; again involved in NDPS offence in 2024 and released on bail solely on account of period of custody; sanha entries recorded in June–July 2025 for provoking villagers to engage in narcotics trade — Petitioner contended delay of 2½ months between initial report (31.07.2025) and detention order (14.10.2025) severed live and proximate link — Held: Initial communication dated 31.07.2025 was merely a report/information, not a proposal for detention; formal proposal forwarded to detaining authority on 27.09.2025, received on 03.10.2025; detention order passed within 11 days — No undue delay — Writ petition dismissed [Paras 12–20, 45–46].

"Proposal for Detention Distinguished from Preliminary Report" – Communications prior to 27.09.2025 between SDPO Simaria, SP Chatra and DC Chatra constituted background/information reports leading up to the formal proposal — Formal proposal with supporting documents forwarded by DC Chatra to detaining authority on 27.09.2025, received 03.10.2025 — Detention order passed on 14.10.2025 i.e. within 11 days of receipt of proposal — Held: Delay, if any, is to be reckoned from date of receipt of proposal by detaining authority, not from date of preliminary police report — No undue delay established [Paras 13–20].

"Live and Proximate Link Not Severed — Habitual Offender" – Petitioner convicted in 2018 NDPS case; again implicated in 2024 NDPS case with recovery of 2.2 kg opium; sanha entries in June–July 2025 for actively recruiting villagers into narcotics trade — Detaining authority considered entire criminal history before passing order — Held: Satisfaction of detaining authority arrived at bearing in mind live and proximate link between past conduct and imperative need to detain; material not stale — Principle in Ameena Begum v. State of Telangana applied [Paras 21–34].

"Grant of Bail No Bar to Preventive Detention" – Petitioner contended that enlargement on bail in pending NDPS cases precluded preventive detention — Held: Preventive detention is based on subjective satisfaction of detaining authority that ordinary processes of law are inadequate to curb habitually prejudicial activities — Grant of bail in criminal cases does not affect competence of detaining authority to pass detention order — Petitioner's repeated involvement in NDPS offences even after conviction and bail demonstrates that normal course of law is insufficient — Ratio of D.M. Nagaraja v. Government of Karnataka applied [Paras 35–44].

"Mismatch in Sanha Numbers — Not Fatal to Detention Order" – Two sanha entries bearing same number (Sanha No. 19 of 2025) but different dates noted — Held: Clerical mismatch in sanha numbers not a ground to interfere with detention order where undisputed fact of sanha entry recording petitioner's narcotic activities remains established [Para 31].

Decision: Writ petition dismissed — Detention order dated 14.10.2025 and its confirmation dated 19.12.2025 upheld — Pending interlocutory applications dismissed as not pressed.

Civil Procedure – Interlocutory Applications – Rent Deposit – Section 151 CPC – Plaintiff filed suit in 2017 for declaration of title and delivery of possession of plaint schedule properties – During pendency, filed I.A. Nos. 16 & 17 of 2025 under Section 151 CPC seeking direction to defendants to furnish tenant particulars and deposit rents collected from plaint schedule properties – Trial Court dismissed both applications – Held: Applications filed five years after institution of suit; prayer for deposit of rents goes beyond the relief sought in the suit; no illegality or perversity in order of dismissal [Paras 8–9].

Title Dispute – Contested Will – Determination at Trial – Respondents/defendants claimed ownership of suit schedule properties under a Will dated 21.01.2008 executed in their favour by late A. Rajamma out of love and affection for services rendered – Plaintiff contested the Will and claimed to be sole legal heir of late G. Subbaiah Chetty and late A. Rajamma – Trial Court held that status of defendants as tenants and alleged subletting must be determined at full-fledged trial – Held: Opinion of Trial Court cannot be found fault with given the definite rival stands in pleadings [Para 9].

Burden of Proof – Rent Collection – Absence of Evidence – Plaintiff alleged defendants collecting rents of Rs. 75,000/- per month from sub-tenants – No oral or documentary evidence adduced to substantiate the allegation – Held: In absence of valid proof no relief can be granted even assuming some justification in the claim [Para 9].

Decision: Civil Revision Petitions dismissed – No costs – Miscellaneous applications pending, if any, stand dismissed [Paras 10–11].

Civil Law – Rejection of Plaint – Order VII Rule 11 – Limitation – Suit for partition and declaration in respect of agricultural land (Survey No.52, 47 acres) claimed as ancestral joint family property – Predecessor-in-interest of plaintiffs sold the suit property by registered Sale Deed in 1944 – Property thereafter changed hands several times; respondents acquired it by three registered Sale Deeds of 1980 and executed Release Deeds in 2020 – Plaintiffs challenged only the 1980 Sale Deeds and 2020 Release Deeds alleging forgery; cause of action averred to have arisen in December 2021 – Trial Court rejected plaint under Order VII Rule 11(a), (b) and (d) CPC – High Court affirms: registered Sale Deed of 1944 by predecessor constitutes constructive notice; no challenge made to the 1944 Sale Deed; suit filed 42 years after 1980 Sale Deeds is barred by limitation under Articles 58 and 59 of the Limitation Act – Appeal dismissed [Paras 2-4, 12, 24-26].

"Sham Litigation Must Be Terminated at Threshold" – Order VII Rule 11 – Scope and Mandatory Nature – Power under Order VII Rule 11 is a special and drastic remedy to summarily dismiss suits at the threshold without trial – The provision is mandatory: if plaint does not disclose cause of action or suit is barred by limitation, the Court has no option but to reject – Test is whether averments in the plaint, taken in entirety, would result in a decree – Clever drafting to create an illusory cause of action does not save a time-barred suit – Plaintiff's deliberate omission of material dates to conceal the bar of limitation invites rejection under Order VII Rule 11(d) [Paras 21-22].

Allegation of Fraud – Vague Pleading Insufficient – Fraud alleged in plaint was completely vague and unspecified, without any particulars of fraudulent conduct of respondents – Appellants could not feign ignorance of the 1944 Sale Deed since it was referenced in Schedule E of the Release Deeds annexed to the plaint itself – Challenge to subsequent Sale Deeds not maintainable without challenging the root title deed of 1944 [Paras 19, 25].

Decision: Appeal dismissed – Rejection of plaint by Trial Court upheld – Costs payable to Respondents 6 and 7 reduced to Rs.10,000/-, to be paid within one week – All pending applications closed [Paras 26-27.1].

Service Law – Disciplinary Proceedings – Pensionary Consequences – Rule 47 of the General Insurance (Employees') Pension Scheme, 1995 – Charges of misuse of cover notes, irregular underwriting, and questionable claims handling during service at Divisional Office No. 17, New Delhi – Memorandum of charges issued in 2009, inquiry report dated 12.08.2019, penalty order dated 22.03.2021 imposing permanent withholding of full pension under Rules 42 and 44 of the Pension Scheme – Held: Proceedings fall properly under Rule 47 of the Pension Scheme; the infelicity of citing Rules 42 and 44 in the final order does not vitiate jurisdiction – Petitioner fails on challenges to competence of Disciplinary Authority, non-est status of CDA Rules, continuation after retirement, and perversity of findings – However, order set aside on the limited ground of non-compliance with mandatory Board consultation under the first proviso to Rule 47 – Matter remitted for fresh decision [Paras 29-32, 42-49, 73-77].

Competence of Disciplinary Authority – Redesignation of Cadres – Petitioner designated "Deputy Manager" after redesignation of Scale III officers with effect from 21.12.2005 – Challenge that memorandum should have been issued by General Manager and not Deputy General Manager rejected – Held: The expressions "Deputy Manager" in relation to the Petitioner referred to the redesignated Scale III cadre and not the old Scale IV cadre; the Deputy General Manager was the competent disciplinary authority – Reliance on B.V. Gopinath inapplicable as the foundational fact of incompetence not established [Paras 18-22].

CDA Rules – Non-est Challenge – Gazette Publication – Petitioner's contention that CDA Rules are non-est for want of gazette publication and laying before Parliament rejected – Held: K.T. Uthappa was a criminal proceeding and its observations cannot be read as laying down a general proposition invalidating all disciplinary proceedings under the CDA Rules; K. Rajendra Kumar (Madras High Court Division Bench), upheld by the Supreme Court, has categorically so clarified [Paras 23-25].

Continuation of Proceedings Post-Retirement – Rule 47, Second Proviso – Petitioner superannuated on 31.08.2013 while proceedings were pending – Held: Second proviso to Rule 47 of the Pension Scheme expressly provides that departmental proceedings instituted during service shall, after retirement, be deemed to continue under that provision and be concluded in the same manner as if the employee had continued in service – Dev Prakash Tewari inapplicable where enabling provision exists [Paras 26-28].

Delay in Disciplinary Proceedings – Allegations 2004-2006; charge-sheet 2009; inquiry report 2019; final order 2021 – Held: Prem Nath Bali does not lay down that delay by itself vitiates proceedings; the question is whether delay caused prejudice impairing fairness – Petitioner himself contributed substantially to delay by non-appearance, partial cross-examination of only one witness, non-submission of defence brief, and closure of proceedings for non-participation; delay therefore cannot be attributed solely to employer [Paras 33-36].

Non-Participation in Inquiry – Effect on Scope of Judicial Review – Petitioner filed written defence but failed to effectively pursue it; proceedings closed on 29.06.2018 due to non-participation – Held: Where the Petitioner did not contest the inquiry on merits, he cannot invite the writ court to reconstruct a case not pursued at the appropriate stage; interference warranted only where findings are perverse, unsupported by evidence, or vitiated by breach of natural justice [Paras 51-53, 69-70].

Misconduct – Six Articles of Charge Proved – Cover Note Episodes and Underwriting Irregularities – Articles I–IV: cover-note books issued to Petitioner; cover notes not deposited with office; premiums not accounted; Company exposed to consumer and MACT claims – Petitioner's defence of broker/agent misuse remained a pleaded explanation unsubstantiated by evidence – Articles V and VI: break-in insurance issued without pre-inspection; claim of INR 53,799/- processed despite discrepancies; policy issued in name of person other than registered owner; claim of INR 46,331/- approved – Held: Findings neither baseless nor perverse – CBI closure order in criminal case does not affect disciplinary findings as criminal and departmental proceedings operate on distinct standards of proof [Paras 54-68].

Board Consultation – Mandatory Safeguard – Rule 47, First Proviso – Held: Where disciplinary proceedings instituted during service are continued post-retirement under Rule 47, the first proviso mandating prior consultation with the Board of the Corporation or Company before passing any final order is imperative and cannot be bypassed by resort to Rule 42 alone – No material on record showing such consultation was undertaken prior to penalty order dated 22.03.2021 or addendum dated 13.05.2021 – Reliance placed on Vijay Kumar v. Central Bank of India, 2025 INSC 848 – Post facto approval is not a substitute for prior consultation – Pension is a valuable right and statutory safeguards governing its curtailment must be strictly observed [Paras 42-49].

Decision: W.P.(C) 8050/2013 disposed of — relief of promotion not pressed; subsistence allowance claim treated as worked out in view of payment of INR 90,206/- – W.P.(C) 1676/2023 partly allowed — penalty order dated 22.03.2021 and addendum dated 13.05.2021 set aside on the limited ground of non-compliance with first proviso to Rule 47 – Communication dated 07.06.2021 also set aside as consequential – Matter remitted to competent authority of Respondent Company for fresh decision on pensionary consequence only, after Board consultation and hearing to Petitioner, within eight weeks – Disciplinary findings not disturbed – If fresh decision not taken within eight weeks, Petitioner entitled to full pension from date of superannuation.

Custodial Violence – Compensation – Adverse Inference from Absence of CCTV Footage – Petitioner allegedly assaulted by police constables Nagendra and Utkarsh of P.S. Lasudiya, Indore, in the early hours of 29.12.2025, both at the spot and inside the police station for about one and a half hours – Photographs of injuries filed on record – Petitioner taken to an inner room of the police station not covered by CCTV cameras during 2:41 a.m. to 2:45 a.m., and sounds of beating audible in the footage – Statements of petitioner's friends corroborated the assault – State denied allegations and relied on FSL report showing no deleted files on petitioner's phone – Held: Non-availability of CCTV visuals of an incident occurring near and inside a police station is not natural and sufficient to draw an adverse inference against delinquent officers – Compensation of Rs. 10,000/- awarded – CCTV footage directed to be preserved [Paras 11-13].

Body-Worn Cameras – Criminal Waste of Public Resources – Absence of SOP – Out of 442 body-worn cameras distributed to Indore Police Commissionerate, only two allotted to Lasudiya Police Station, and those used solely for traffic violations – No SOP framed for use and monitoring of body-worn cameras – Held: Such state of affairs is pathetic and amounts to a criminal waste of public resources – Complete ignorance or conscious disregard on the part of officers in adopting new technology noted [Para 14].

Police Accountability – Systemic Directions – CCTV Coverage and Body-Worn Cameras – Court's earlier concern in M.Cr.C. No. 34624/2024 dated 19.09.2024 regarding body cameras not acted upon – Held: State Government directed to ensure that accused or complainants shall not be taken to areas of police stations not covered by CCTV cameras – All police personnel in at least the top five crime-registering police stations out of the thirty-five-odd stations in Indore Police Commissionerate to be provided body-worn cameras within nine months – SOP to be prepared for wearing cameras while on duty – Necessary infrastructure to be provided to Indore Police Commissionerate – Compliance report to be submitted on next date of hearing [Paras 12-16].

Decision: Writ petition disposed of – Compensation of Rs. 10,000/- awarded to petitioner – CCTV footage and records directed to be preserved – State Government directed to implement systemic directions regarding CCTV coverage and body-worn cameras within nine months – Matter listed on 04.01.2027 for compliance – Copy of order directed to be sent to Principal Secretary (General Administration), Secretary (Home/Police), Director General of Police, and Commissioner of Indore Police.

Murder — Section 302 read with Section 34 IPC — Plea of Alibi — Accused No. 1 Acquitted — Accused No. 2 Conviction Confirmed — Accused No. 1 (Asim @ Munmun) convicted for assaulting the deceased with a farsi in a hair salon — Raised plea of alibi from inception asserting presence at Anand (200 km away) at the time of offence at Botad — Both Investigating Officers (PW-33 and PW-34) admitted recording statements of 13 independent witnesses from Anand and collecting CDR/location data confirming appellant's presence there, but suppressed same from charge-sheet — Pursuant to Supreme Court and High Court directions, additional evidence under Section 391 Cr.P.C. recorded — Held: Plea of alibi established on preponderance of probabilities — Prosecution failed to rebut — Accused No. 1 acquitted — Accused No. 2 (Jasminbhai) convicted for firing revolver at deceased — Role corroborated by medical evidence, FSL reports, ballistic expert's opinion and proved motive — Conviction of Accused No. 2 under Section 302/34 IPC and Section 25(1)(B)(a) Arms Act confirmed [Paras 21–23, 29–32].

Plea of Alibi — Section 11 Indian Evidence Act — Nature and Burden — Alibi is a rule of evidence under Section 11 of the Indian Evidence Act and not a general exception under the IPC — Taking a plea of alibi does not dilute the burden of prosecution to prove presence of accused at scene of crime beyond reasonable doubt — Prosecution must first discharge primary burden — Only thereafter does the Court examine the defence plea of alibi — When plea is raised, a heavy burden lies upon the accused to establish it by cogent evidence or material on record so as to completely exclude possibility of presence at place of occurrence — Standard of strict scrutiny applies — Where prosecution itself collects material in support of alibi but suppresses it, accused cannot be expected to lead defence evidence at his own peril [Paras 22–22.15].

Suppression of Material Evidence — Duty of Investigating Officer — Dereliction — Investigating Officers collected statements of 13 alibi witnesses from Anand (including police personnel, press reporter, businessmen and drivers) and CDR/location data of accused's mobile phone, all confirming his absence from Botad — These materials were deliberately not produced with the charge-sheet — Such suppression constitutes a serious dereliction of duty and raises grave doubt about the fairness of the investigation — This Court directed recording of additional evidence under Section 391 Cr.P.C. pursuant to Supreme Court directions in Crl. Appeal No. 184 of 2020 [Paras 9.1, 21, 22.12–22.13].

Duties of Stakeholders in Criminal Trial — Investigating Officer, Public Prosecutor and Court — Fair Trial — Article 21 — A criminal trial is not a contest between parties but a quest for truth — The Investigating Officer must collect and produce all relevant material, including that which supports the defence — The Public Prosecutor/Special Public Prosecutor, as an officer of the Court, must place all material before the Court — The trial Court cannot remain a passive spectator or mute recording machine but must actively participate in the search for truth — Where prosecution is remiss, the Court must exercise its powers to elicit all necessary material — Failure of any stakeholder to discharge their duty may result in serious crime going unpunished or an innocent person being convicted — Ram Chander v. State of Haryana, Zahira Habibulla Sheikh v. State of Gujarat, Sovaran Singh Prajapati v. State of U.P. and Munna Pandey v. State of Bihar referred to [Paras 25–28.4].

Ocular Evidence — Sole Eyewitness — Related and Interested Witness — Reliability — Prosecution case rests entirely on testimony of complainant PW-28 Khodabhai Jogarana, a close relative of the deceased and a chance witness — Evidence of such witness requires careful and strict scrutiny — Material contradictions and improvements in testimony noted — Blood-stained clothes of complainant never seized — Crucial witness Budhabhai @ Vashrambhai, who accompanied complainant and disclosed name of Accused No. 1, not examined — Non-examination of this material witness creates a major lacuna — However, role of Accused No. 2 (firing of revolver) found consistent with medical and forensic evidence and accepted to that extent [Paras 10–13.1, 20.1, 23.1–23.8].

Test Identification Parade — Reliability — TI Parade of Accused No. 1 held 7 days after arrest — Accused taken to various places without being kept in baparda during remand period — Possibility of prior exposure of accused to complainant cannot be ruled out — Description of dummies not mentioned in panchnama — Panchas not examined — TI Parade evidence not being substantive evidence, carries no weight in these circumstances — Identification of Accused No. 1 unsafe [Para 10.7].

FSL and Ballistic Evidence — Corroboration — Ballistic Expert's Report confirms bullet recovered from body of deceased was fired from revolver seized in case — Biology and Serology Reports confirm human blood of Group 'O' on farsi, matching blood group of deceased — No blood stains of either accused found on any article — FSL evidence corroborates ocular evidence only with respect to role of Accused No. 2 — Chain of custody of muddamal proved without break [Paras 18, 23.4–23.5].

Robbery — Section 397 IPC — Charge Not Proved — Prosecution failed to prove charge of robbery against Accused No. 2 beyond reasonable doubt — No recovery of alleged looted revolver or mobile phone — Trial Judge himself disbelieved allegation of looting — Conviction under Section 397 IPC set aside [Para 23.9].

Principle of Falsus in Uno Falsus in Omnibus — Applicability — Rule of Caution — Maxim is merely a rule of caution — Where witnesses are found unreliable on certain aspects such as exaggeration regarding involvement of other accused, Court must carefully scrutinize remaining evidence and may rely upon portions found credible and duly corroborated — Core prosecution case against Accused No. 2 stands on credible and corroborated evidence notwithstanding rejection of case against Accused No. 1 [Para 29.1].

Decision: Criminal Appeal No. 249 of 2019 (Accused No. 1 — Asim @ Munmun) allowed — Conviction and sentence set aside — Accused No. 1 acquitted on proved plea of alibi — Criminal Appeal No. 417 of 2019 (Accused No. 2 — Jasminbhai Kothari) dismissed — Conviction under Section 302/34 IPC and Section 25(1)(B)(a) of the Arms Act confirmed — Conviction under Section 397 IPC set aside.

Anticipatory Bail – Cyber Fraud – Economic Offence – Large-Scale Conspiracy – Dismissed – Petitioner sought anticipatory bail in connection with a cyber crime case involving fake investment schemes, digital arrest scams and other cyber frauds allegedly defrauding over 1,000 victims across India involving proceeds of approximately Rs.315 crores – Petitioner alleged to have operated bank accounts of Hughli Machineries Private Limited using his mobile phone and IP address, siphoned proceeds of crime through 11 current accounts linked to 16 inter-connected companies, converted proceeds into crypto currency and transferred funds to countries including Saudi Arabia and Dubai to evade detection – Petitioner also a director in companies to which proceeds were transferred and a direct beneficiary of fraudulent transactions – Held: The petitioner stands on a materially different footing from other co-accused (members of the Ruia family) who were granted anticipatory bail, as the petitioner was not merely a beneficiary but was allegedly caught red-handed as a prime perpetrator – Economic offences of such magnitude affecting the economic fabric of society warrant due care and caution in exercising the extraordinary remedy of anticipatory bail – Petitioner also has criminal antecedents and is already in custody – Application for anticipatory bail dismissed [Paras 6, 8–13].

Multiple FIRs – Larger Conspiracy – Second FIR Maintainable – Petitioner contended that the present case covered the same period as an earlier case and ought not to have been registered separately – Held: When a larger conspiracy is unearthed at a subsequent stage beyond an earlier single instance of cheating alleged by a single victim, a further FIR can be validly registered to unravel the true expanse of the fraud – The present case covered subsequent periods and a far wider conspiracy involving multiple victims [Para 7].

Bench Composition – Anticipatory Bail Application – Regular Bench – Co-ordinate Bench Having Different Constitution – The judge who had decided the anticipatory bail of the co-accused is now part of a different regular Division Bench – Held: In view of the Supreme Court's decision in Shekhar Prasad Mahto v. Registrar General, Jharkhand High Court, 2025 SCC Online SC 2280, the present regular Bench is the appropriate Bench to entertain this anticipatory bail application [Para 4].

Decision: Application for anticipatory bail dismissed – Prayer for stay of the order also rejected.

Trade Mark Infringement – House Mark vs. Trade Mark – Sections 28 and 29 of the Trade Marks Act, 1999 – "No Distinction Between House Mark and Trade Mark Under the Act" – Plaintiff registered proprietor of device mark 'SUN' since 1983 and word marks 'SUN PHARMA'/'SUNPHARMA' since 2007, with user claim from 1978 and 1993 respectively, in Class 5 for medicinal and pharmaceutical preparations – Defendant used house marks/trade names 'ABSUN'/'ABSUN PHARMA' on its pharmaceutical products from 2007 – Defendant contended that its marks were mere house marks and not trade marks, and that Sections 29(1), (2) and (4) did not apply – Held: The Trade Marks Act makes no distinction between a trade mark and a house mark; a mark qualifies as a trade mark the moment it is capable of distinguishing one person's goods from another's – Defendant's own witness admitted claiming monopoly over 'ABSUN PHARMA' and using it as a logo – Section 29(5) squarely attracted as the plaintiff's registered marks 'SUN'/'SUN PHARMA' are subsumed within the defendant's marks, with mere prefixing of alphabets 'AB' – Sections 29(6) and (7) also attracted as defendant affixed marks on packaging and exported goods thereunder – Issue No. 1 decided in favour of plaintiff [Paras 14–38].

Deceptive Similarity – Pharmaceutical Preparations – Stricter Test Applied – "Mere Prefixing of 'AB' Cannot Distinguish the Marks" – Court applied the test of a person of average intelligence and imperfect recollection – Marks 'ABSUN'/'ABSUN PHARMA' found visually, phonetically and structurally close to 'SUN'/'SUN PHARMA', the registered marks being entirely subsumed in the defendant's marks – Held: Stricter approach warranted in cases involving medicinal and pharmaceutical products given the risk of confusion adversely affecting consumers/patients – Honest adoption held irrelevant once infringement is established – Defendant's failure to conduct any search of the trade marks register prior to adoption of its marks, despite admittedly knowing of the plaintiff since 1995, indicative of dishonest adoption [Paras 30–35].

Export of Goods – Section 56, Trade Marks Act, 1999 – "Applying a Mark in India to Goods for Export Constitutes Use Under the Act" – Defendant claimed no liability as all its products were exported to African countries and not sold in India – Held: Section 56 deems application of a trade mark in India to goods intended for export as use of the mark for all purposes under the Act, including infringement and passing off – Defence of export-only sales rejected [Paras 36–37].

Late-Stage Change of Trading Name – Rejected as Tactic – "Honest Men Do Not Attempt to Sail Near the Wind" – Defendant sought to tender an affidavit at final hearing claiming change of trading name from 'ABSUN PHARMA' to 'ABSUN REMEDIES' w.e.f. October 2025 – Affidavit not taken on record – Held: After completion of pleadings, evidence and arguments, a party cannot be permitted to file such an affidavit to defeat the trial; such attempt fortifies the finding of dishonest adoption [Para 38].

Passing Off – Goodwill – Proof in Commercial Suits – "Failure to Deny Documents in Commercial Suit Amounts to Admission" – Plaintiff relied on Chartered Accountant certificates of sales and promotional expenses to prove goodwill – Defendant challenged admissibility on ground that authors of certificates were not examined – Held: In commercial suits under the Commercial Courts Act, 2015, Order VIII Rules 3 and 5 and Order XI Rule 4 of CPC require specific admission/denial of documents including their contents; defendant neither denied the certificates in the written statement nor cross-examined plaintiff's witness on them, nor filed a statement of admission and denial despite opportunity; all documents stood admitted as to existence and contents – Goodwill proved [Paras 39–42].

Passing Off – Misrepresentation and Damages – Decree for Rendition of Accounts Refused – Plaintiff proved misrepresentation through similarity of marks and overlap of goods – Specific damages of Rs. 10 lakhs not proved; plaintiff's witness stated figure was approximate and no supporting documents were produced – Held: Plaintiff made out case of passing off; however, no issue of rendition of accounts was framed and no specific evidence led in that regard, hence prayer for rendition of accounts declined – Issue No. 2 decided in favour of plaintiff [Paras 43–46].

"SUN" Not Common to Trade – Issue No. 5 – Burden on defendant to prove that the mark 'SUN' had become generic through substantial and extensive use by third parties – Defendant placed no evidence of sales figures or usage data of third parties on record; mere oral claim at final hearing insufficient – Issue decided against defendant [Paras 48–49].

Acquiescence – Issue No. 6 – Defendant's sole witness, when cross-examined, admitted there was no document showing plaintiff's awareness of the defendant prior to December 2012 and further stated he did not know the meaning of the term 'acquiescence' – Issue decided against defendant [Para 50].

Costs – First-Time Knowing Infringer – Partial Costs Awarded – Court applying the principle that a first-time knowing infringer may be awarded injunction with partial costs – Defendant's witness admitted awareness of plaintiff's company since 1995 – Plaintiff's marks in public domain since 1983 – Held: Defendant is a first-time knowing infringer; costs of Rs. 10 lakhs awarded to plaintiff [Paras 51–55].

Decision: Suit decreed – Defendant permanently restrained from using marks 'ABSUN'/'ABSUN PHARMA' and 'E-MIST' or any deceptively similar marks – Decree passed in terms of prayer clauses (a) to (e) – Defendant directed to pay costs of Rs. 10 lakhs to the plaintiff [Paras 54–55].

Customs Law – Misdeclaration – Penalty under Section 114AA – Sections 111(d), 111(m), 112(a), 114AA, 125 of the Customs Act, 1962 – Importer mis-declared description, country of origin, value and seating capacity (8 to 10 seats) of an imported Cadillac Escalade SUV to avail duty concession under Notification No.12/2012 – DRI investigation revealed fabricated documents including a false ADR Approval letter – Vehicle seized; partner of importer admitted the conversion – Adjudicating authority ordered confiscation, imposed penalty under Sections 112(a) and 114AA, and appropriated duty paid – Appellate authority upheld – CESTAT partly allowed importer's appeal by setting aside the Section 114AA penalty and duty appropriation – High Court reverses CESTAT: Held, CESTAT erred in misreading the show cause notice; the SCN squarely alleged intentional use of false documents; re-export on payment of redemption fine does not absolve penal consequences; Substantial Questions of Law answered in favour of Department [Paras 2-4, 8-9, 24-25].

"Re-export Does Not Absolve Penalty" – Independent Nature of Customs Penalties – The option to redeem confiscated goods and re-export under Section 125 operates independently of the liability to pay penalty under Sections 114AA and 112(a) – Payment of fine in lieu of confiscation and permission for re-export are separate and independent actions from levy of penalty for misdeclaration – The importer, having opted to redeem and re-export, cannot escape the penal consequences for furnishing false documents – Held: One action does not exclude the other; vice-versa is equally impermissible [Paras 19-20, 24].

Section 114AA – Use of False Documents – Broad Scope – Section 114AA penalises any person who knowingly or intentionally makes, signs, uses, or causes to be made any false or incorrect declaration, statement or document – CESTAT erred in holding that penalty under Section 114AA requires the importer to have themselves caused the falsification – When fabricated documents emanate from the custody of the importer and the SCN attributes intentional use of false materials, the burden shifts to the importer to establish innocence – Absence of such discharge justifies penalty [Paras 18, 23-24].

Duty Liability After Redemption – Section 125(2) – Under Sub-Section (2) of Section 125, the owner of goods, upon exercising the option to pay fine and redeem confiscated goods, remains liable to pay customs duty and other charges in addition to the redemption fine – Distinguished from M/s Navayuga Engineering Co. Ltd. v. Union of India (2024 INSC 547), where the factual matrix differed [Paras 21-22].

Decision: Civil Miscellaneous Appeal allowed – Substantial Questions of Law answered in favour of the Department – CESTAT order setting aside Section 114AA penalty and duty appropriation set aside – No costs [Para 25].