Service Law - Departmental Proceedings – Scope of Punishment under Section 11 CRPF Act – Dismissal Set Aside – Respondent constable was dismissed from service after being found under influence of alcohol and negligently damaging a cycle while on duty – Disciplinary action taken under Section 11 of the CRPF Act meant for minor punishments – Held: Dismissal being a major penalty was disproportionate where the incident caused no injury or major damage and evidence was inconclusive regarding intoxication during duty – Principles of proportionality and appropriate categorisation of offence under CRPF Act discussed – Dismissal order rightly set aside [Paras 2-5, 13-17].

Proportionality of Punishment – Judicial Review – Award of Minor Punishment Permissible under Section 11 – Inquiry report failed to conclusively establish intoxication while on duty; evidence of co-passenger exonerated respondent – Medical opinion based solely on clinical observation, not backed by blood test – Reliance placed on precedents like Ranjit Thakur v. Union of India and Giriraj Sharma v. Union of India to hold that extreme penalty was unwarranted – Held: Interference justified where penalty shocks the conscience and violates proportionality [Paras 10-12, 18-23].

Delay and Laches – Appellants’ Inaction Noted – No Diligent Prosecution by Union of India – Appeal filed with delay, restored after 4 years of dismissal for non-prosecution – Court declined to remand due to protracted litigation of over 18 years – Held: Respondent not to be penalised for appellants’ procedural lapses – Relief moulded to avoid further litigation [Paras 25-27].

Relief – Reinstatement with Limited Back Wages – Considering respondent's age and pending time for superannuation, Court directed reinstatement with 25% back wages and all notional benefits, including pension – Dismissal not to affect computation of retiral dues – Held: Appropriate relief moulded in equity without remanding matter back to Disciplinary Authority [Paras 28-30].

Adoption – Consent of Biological Father – Inference Permissible – Petitioners, mother and stepfather, applied for adoption – State Authority insisted on father’s written consent though he had relinquished custody/visitation rights in matrimonial settlement – Biological father remained silent before Court – Held: silence and prior relinquishment justify inference of consent; insistence on express consent would defeat child’s welfare – Court directed authorities to complete adoption treating order as proof of consent [Paras 1-5].

Child Welfare – Paramount Consideration – Welfare of child to prevail over technical objections – Refusal or indecision of biological parent cannot deprive child of belonging fully to adoptive family – Court emphasized need for certainty and security in child’s status [Paras 4-5].

Decision – Writ petition disposed – Inference of consent drawn against biological father; petitioners permitted to upload this order as proof of consent – Authorities directed to complete adoption process accordingly [Para 5].

Rent—Order 15-A CPC—Scope of deposit obligation—Fixation of rent disputed—Second eventuality under O.15-A attracted—Upon judicial fixation, tenant must deposit arrears computed on the fixed rent up to the date of fixation and continue to deposit future rent as it falls due—Trial Court’s provisional fixation at ₹20,000 p.m. with arrears ₹21,10,000 from 16-04-2016 to 31-01-2025 sustained [Paras 10, 13-15].

Procedure—Application titled under S.151 CPC—Substance over form—Application treated as under O.15-A CPC having regard to pleadings, arguments, and treatment by Trial Court and High Court—Label of provision not determinative [Paras 8-9,12-13].

Eviction suit—Interim monetary directions—Prior remand—Earlier CRP (No. 447/2024) set aside ₹30,000 p.m. and directed enquiry to fix reasonable rent; Trial Court thereafter fixed ₹20,000 p.m. provisionally—No interference warranted in revision [Paras 2-3, 15].

Practice & Procedure—Striking off defence—Observation by Trial Court—Though beyond prayer, merely reiterative of O.15-A consequence; any actual striking off requires a separate order—No jurisdictional error [Para 7].

Decision—Civil Revision Petition dismissed—No order as to costs—Miscellaneous petitions closed [Para 16].

Constitution of India – Article 226 – Protection of Life and Liberty – Petitioner, a practicing advocate, sought police protection alleging threats from his former clients (respondents No.5 and 6) over refund of professional fees – Court directed SSP Mohali and SSP Chandigarh to examine representations dated 02.06.2025 and 23.07.2025 and to take necessary action to ensure protection of petitioner’s life and liberty [Paras 1–3].

Advocate–Client Relationship – Professional Misconduct Allegations – Respondents No.5 and 6, former clients of the petitioner, alleged that petitioner had demanded and accepted ₹5.45 lakh purportedly for payment to a Government Pleader and Judicial Officer for obtaining a favourable court order – Court noted gravity of allegation and absence of specific names but observed that such allegations, if true, affect integrity of judicial institution [Paras 11–13].

Criminal Misconduct – Integrity of Judicial System – Court took judicial notice of a recent FIR by CBI ACB Chandigarh against another advocate for similar allegations of bribery in the name of a Judicial Officer – Observed that issues involved go beyond personal threats and touch upon integrity of the Bench and Bar as twin pillars of the justice system [Paras 14–15].

Investigation – Referral to CBI – Considering seriousness, sensitivity, and need for impartial inquiry, Court directed that entire matter, including threats and allegations of corruption, be referred to the Central Bureau of Investigation for detailed investigation – CBI directed to take cognizance immediately and submit report within stipulated time – All concerned authorities to cooperate [Paras 15–17].

Decision: Petition disposed of – Matter referred to CBI for comprehensive investigation into threats and alleged professional misconduct of the petitioner [Para 18].

Administrative Law – Cancellation of Tender – Delay in Communication of Government Approval – Arbitrary Action by State Instrumentality – Decision Set Aside – CIDCO cancelled the tender process for allotment of hospital plot despite approval being granted by the Chief Minister for the revised eligibility criteria which included partnership firms like the Petitioner – Court held that CIDCO’s inaction in not following up on approval and subsequent cancellation was arbitrary and perverse – CIDCO’s justification of non-receipt of communication was not accepted – Held: Cancellation order dated 4 October 2024 is unsustainable and set aside [Paras 16–18, 24–25].

Public Auctions – Legitimate Expectation – Highest Bidder Denied Allotment Due to Fault of Authority – Relief Granted – Petitioner, though highest bidder offering price above revised base value, was denied allotment – Court held Petitioner had legitimate expectation as CIDCO had allowed participation of partnership firms and later relied on internal delay to cancel tender – Held: Petitioner cannot be penalised for CIDCO’s failure to act diligently – Directed issuance of allotment letter to Petitioner [Paras 14–17, 25].

Reasoned Orders – Requirement Under Law – Vague Administrative Grounds Not Sufficient – Decision Must Record Justifiable Reasons – CIDCO’s cancellation order failed to disclose valid reasons – Vague reference to “administrative grounds” held insufficient – Reliance placed on SC decisions emphasizing need for reasoned administrative orders – Mere anticipation of higher price or reference to other plots not a valid ground in facts of case [Paras 16, 21].

Public Interest – Healthcare Infrastructure – Plots Earmarked for Hospitals – Delay in Allotment Impacts Public Services – Court noted that the plot in question was earmarked for hospital use in Navi Mumbai and delay in allotment deprived local residents of essential healthcare – Speculative commercial motives of CIDCO held contrary to public interest in this context – Directed prompt finalization in favour of Petitioner [Paras 23–24].

Final Relief – Writ Allowed – Cancellation Set Aside – CIDCO Directed to Issue Allotment Letter – Writ Petition allowed – CIDCO’s decision dated 4 October 2024 quashed – CIDCO directed to allot Plot No.25 to the Petitioner as per procedure [Para 25].

Trade Marks – Section 11(1) and Section 91 of the Trade Marks Act - Likelihood of Confusion – KIND Family of Marks – Refusal Order Set Aside – Appellant’s application for “PETKIND” was rejected under Section 11(1) citing conflict with “PETKIND PHARMA” by Wellford Pharma – Held: Appellant has longstanding, extensive use of the KIND suffix in over 210 registered Class 5 marks and significant market goodwill – The cited mark was only a proposed use with no evidence of prior user – No real likelihood of confusion shown – Refusal order unsustainable [Paras 5, 22-27].

Well-Known Mark – Special Protection – KIND Recognized as Well-Known – The Court acknowledged prior judicial findings granting high protection to the “KIND” family, including rulings in Mankind Pharma Ltd. v. Cadila Pharma and others – Held: “KIND” suffix has acquired distinctiveness and secondary meaning due to continuous, extensive use – Entitled to elevated protection against conflicting marks [Paras 9, 14, 25].

Statutory Interpretation – Section 11(1) – Mere Similarity in Same Class Not Sufficient – The Court held that registration can only be denied under Section 11(1)(a)/(b) if likelihood of confusion exists – Held: Same Class similarity alone not determinative; consumer perception, nature of goods, and market use must be assessed – No active use of cited mark proved – Refusal invalid [Paras 23-24, 26].

Decision – Appeal Allowed – Refusal Order Set Aside – Court directed advertisement of “PETKIND” mark within two months – Clarified that if opposition proceedings arise, they must be adjudicated independently on merits, uninfluenced by this decision – Appeal disposed accordingly [Paras 28-31].

Partition Suit – Successive Litigation – Abuse of Process – Plaintiff in O.S. No.36 of 2021 was 16th defendant in earlier partition suit O.S. No.1407 of 2015 – Earlier suit rejected under Order VII Rule 11 CPC on finding that property belonged to deceased husband as sole heir – No appeal or challenge to said rejection – Held: Subsequent suit on same cause of action amounts to abuse of process and is barred – Plaintiff cannot re-agitate same claim without setting aside earlier decree – Suit struck off under Article 227 of Constitution [Paras 3, 4, 8, 16, 22, 23].

Hindu Succession Act – Section 14 and 15 – Stridhan Property – Devolution – Property purchased by Kamalammal from her stridhan funds became her absolute property under Section 14 – Upon intestate death, devolves under Section 15(1)(a) and not under Section 15(2)(a) – Held: Surviving husband rightly inherited full interest – Plaintiff's claim as heir of father not maintainable – Will by husband valid – No share accrues to plaintiff [Paras 17, 19, 20, 22].

Re-litigation – Jurisdiction under Article 227 – Striking off of Plaint – When fresh suit is based on same cause and factual matrix as earlier suit which has attained finality – Filing of new suit without curing defects amounts to disguised re-litigation – Held: Even if alternate remedy exists, High Court can intervene to prevent misuse of court process – Suit struck off in exercise of supervisory jurisdiction [Paras 15, 21, 23].

Order VII Rule 13 CPC – Scope – Permits fresh suit after rejection under Rule 11 only if defects are cured – Held: In present case, fundamental ground of rejection remained unchanged – Mere refiling without curing legal bar does not revive cause – No protection under Rule 13 available [Paras 5, 15].

Decision: Civil Revision Petition allowed – Suit in O.S. No.36 of 2021 struck off as not maintainable – Connected miscellaneous petition closed – No costs [Para 24].

Medical Negligence – Principles of Natural Justice – Improper Inquiry Process – Order Set Aside - Petitioner, an advocate, alleged gross medical negligence in diagnosis and treatment of Gestational Trophoblastic Disease, including misdiagnosis and improper chemotherapy – Inquiry by Tamil Nadu Medical Council conducted without presence of both parties simultaneously and without an oncologist on panel – Held: Inquiry vitiated due to violation of principles of natural justice; order quashed and matter remanded for fresh inquiry following guidelines laid in P. Basumani – [Paras 13–22].

Enquiry Procedure – Role of Enquiry Committee and Disciplinary Board – Guidelines Mandated - Court reiterated that disciplinary proceedings should be conducted in two stages: (i) before an Enquiry Committee comprising a specialist in the relevant field and (ii) before the Disciplinary Board based on the committee's findings – Both parties must be present and given access to each other's submissions – [Paras 19–20].

Right to Appeal – National Medical Commission Act – Applicability Limited – Interpretation of Section 30(3) & 30(4) - Appeal provisions under NMC Act are restricted to registered medical practitioners – Aggrieved patients cannot avail this statutory remedy – Court impleads NMC Secretary to clarify appeal scope – [Paras 6–7].

Due Process – Recommendatory Guidelines – Interim Compliance Directed - Court held that until National Medical Commission issues regulations under NMC Act incorporating principles from P. Basumani, such guidelines shall be mandatorily followed – [Paras 17–18].

Final Relief – Impugned Order Quashed – Fresh Inquiry Ordered - Court allowed the writ petition and quashed the impugned order dated 08.01.2024 of Tamil Nadu Medical Council – Directed reconstitution of panel including oncology expert and completion of inquiry within four months – [Para 22].

Matrimonial Law – Civil Revision - Interim Maintenance – Section 24 of the Hindu Marriage Act – Maintenance to Wife Set Aside – The petitioner-husband challenged the Family Court’s order directing him to pay ₹30,000/- per month each to his wife and son – While not disputing maintenance to the son, the petitioner contended that the wife was financially self-sufficient with substantial dividend income and valuable immovable assets – Held: The respondent-wife received significant income through dividends and owned immovable property – Interim maintenance to the wife not justified – Order of Family Court awarding maintenance to wife set aside; maintenance to son upheld [Paras 2, 11-16, 19-20].

Maintenance – Scope and Object of Section 24 HMA – Determination of "Sufficient Income" – Section 24 intended to ensure support during proceedings, not to enrich financially capable spouse – Held: Maintenance under Section 24 is for sustenance at the standard enjoyed in matrimonial home – Where wife has independent substantial income and assets, claim for interim maintenance not sustainable [Paras 13-16, 19].

Suppression of Income – Dividend and Asset Ownership – Conduct of Wife – Dividends from Scan World Pvt. Ltd. and re-transfer of property during proceedings considered material – Held: Respondent’s act of restraining dividend payout through NCLT and subsequent explanations for property transfer not bona fide – Court found deliberate suppression of income to justify maintenance claim – Family Court erred in overlooking these facts [Paras 5-8, 15].

Final Decision – Civil Revision Petition Partly Allowed – Order awarding maintenance to wife set aside – Maintenance of ₹30,000/- per month to son and NEET coaching fee of ₹2.77 lakhs already paid by petitioner not challenged – Held: Family Court order modified accordingly; no costs awarded [Paras 12, 20].