Trade Marks – Passing Off – Distinctiveness – Appellant adopted the mark 'Eenadu' for incense sticks, while Respondent claimed exclusive rights over the mark due to its use in the title of their newspaper and other businesses – Respondent alleged infringement and passing off – Courts evaluated whether 'Eenadu' had acquired a secondary meaning associated with Respondent's products and services [Paras 1-15].

Generic and Descriptive Terms – Secondary Meaning – 'Eenadu' means 'today' in Telugu and 'this land' in Kannada, Tamil, and Malayalam – Supreme Court examined whether 'Eenadu' had acquired distinctiveness and secondary meaning linked to Respondent's products – Evidence presented of widespread use of 'Eenadu' in various contexts beyond Respondent's newspaper [Paras 30-45].

Judicial Review – Evidence and Fairness – High Court's findings scrutinized, focusing on whether Respondent had proved exclusive association of 'Eenadu' with their products and whether Appellant’s use constituted passing off – Supreme Court stressed the importance of evidence showing secondary meaning and public association [Paras 40-50].

Decision- Appeal Allowed – Held – High Court's order set aside – Use of 'Eenadu' by Appellant for incense sticks permitted, subject to modifications distinguishing it from Respondent's use – No exclusive rights granted to Respondent over the term 'Eenadu' for all goods and services [Paras 45-48].

Arbitration – Appointment of Arbitrator – Sections 11(6) and 11(9) of the Arbitration and Conciliation Act, 1996 – Parties entered into an agreement for marketing and representation of RFID Tags and Components – Dispute arose regarding post-termination obligations under the agreement – Respondent argued no arbitrable dispute existed due to a termination agreement – Supreme Court directed appointment of arbitrator to adjudicate all disputes, including interpretation of termination agreement [Paras 1-7].

Termination Agreement – Full and Final Discharge – Termination agreement granted full discharge from all claims arising out of the original agreement – Respondent contested the existence of arbitrable disputes based on this clause – Supreme Court held the issue of interpretation and effect of the termination agreement to be arbitrable [Paras 4-6].

Decision:

Petition Allowed – Held – All disputes, including interpretation of the termination agreement, referred to arbitration – Mr. Justice Anil Dev Singh appointed as sole arbitrator – Parties directed to appear before the arbitrator on 2nd April 2011 – Arbitrator to fix fees and charges [Paras 7].

Market Fee – Certified Seeds – Show Cause Notices – Appellants dealing in certified seeds challenged show cause notices for market fee under Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 – High Court dismissed suits challenging notices, made observations on merits – Supreme Court held High Court should not have gone into merits while deciding validity of notices – Directed Market Committees to follow procedure of fixing date, time, and place for hearing appellants and deciding matter by reasoned order [Paras 3-7].

Principles of Natural Justice – Hearing Requirement – After High Court's decision, Market Committees issued direct notices for payment without hearing – Supreme Court found violation of natural justice – Set aside notices dated 27.07.2005 – Directed fresh notices with proper hearing opportunity to appellants [Paras 5-7].

Decision:

Appeals Disposed of – Held – Notices dated 27.07.2005 set aside – Market Committees permitted to issue fresh notices, fix hearing, allow appellants to present objections and materials, and decide by reasoned order – Observations by High Court not to influence decision – No comments on merits of controversy [Paras 7-9].

Appointment of Central Vigilance Commissioner – Legality – Shri P.J. Thomas appointed as CVC on recommendation by High Powered Committee (HPC) – Petitioners challenged appointment due to pending criminal case and alleged violation of institutional integrity – Supreme Court held that while personal integrity of candidate is important, institutional integrity must also be considered – HPC's recommendation and decision-making process found lacking in consideration of relevant materials affecting institutional integrity – Appointment of P.J. Thomas as CVC set aside [Paras 1-33].

Judicial Review – Decision-Making Process – Supreme Court emphasized difference between judicial review and merit review – Court’s role limited to ensuring legality of decision-making process, not reassessment of candidate’s qualifications – Failure of HPC to consider past notings recommending disciplinary proceedings and pending criminal case against P.J. Thomas – Appointment process found arbitrary and in violation of statutory provisions [Paras 32-33, 44-45].

Principles of Natural Justice – Fair Procedure – Supreme Court directed that fair hearing and consideration of all relevant materials is crucial in appointments to high public offices – Emphasized that institutions must function without external influences and uphold public interest [Paras 5-7, 46-48].

Decision:

Writ Petitions Allowed – Held – Appointment of Shri P.J. Thomas as CVC declared non-est in law – HPC's recommendation dated 3rd September 2010 set aside – Directed reconsideration of appointment process in accordance with principles of institutional integrity and statutory provisions [Paras 32-33, 49-50].

Trade Marks – Passing Off – Distinctiveness – Appellant adopted the mark 'Eenadu' for incense sticks, while Respondent claimed exclusive rights over the mark due to its use in the title of their newspaper and other businesses – Respondent alleged infringement and passing off – Courts evaluated whether 'Eenadu' had acquired a secondary meaning associated with Respondent's products and services [Paras 1-15].

Generic and Descriptive Terms – Secondary Meaning – 'Eenadu' means 'today' in Telugu and 'this land' in Kannada, Tamil, and Malayalam – Supreme Court examined whether 'Eenadu' had acquired distinctiveness and secondary meaning linked to Respondent's products – Evidence presented of widespread use of 'Eenadu' in various contexts beyond Respondent's newspaper [Paras 30-45].

Judicial Review – Evidence and Fairness – High Court's findings scrutinized, focusing on whether Respondent had proved exclusive association of 'Eenadu' with their products and whether Appellant’s use constituted passing off – Supreme Court stressed the importance of evidence showing secondary meaning and public association [Paras 40-50].

Decision- Appeal Allowed – Held – High Court's order set aside – Use of 'Eenadu' by Appellant for incense sticks permitted, subject to modifications distinguishing it from Respondent's use – No exclusive rights granted to Respondent over the term 'Eenadu' for all goods and services [Paras 45-48].

Criminal Law – Murder – Section 302 IPC – Appellant convicted for murder of Daulat following a prior altercation – Eye-witness testimony from Nanhebhai (PW-1) consistent with medical evidence – Discrepancies in injury reports by two doctors deemed immaterial as fatal injuries consistent – High Court upheld trial court’s findings – Supreme Court found no reason to interfere with concurrent findings of lower courts – Conviction and life sentence affirmed [Paras 2-6, 8].

Evidence – Credibility of Witnesses – Evidence of related witnesses (brothers of deceased) found credible – Relationship not a factor to discredit testimony – Consistency between eyewitness account and medical reports supported prosecution’s case – Legal principle reaffirmed that relationship does not affect witness credibility in murder cases [Paras 6-7].

Judicial Review – Standards for Interference – Supreme Court emphasized limited scope of interference under Article 136 – Interference warranted only in cases of perverse findings – Proper appreciation of evidence by trial and appellate courts upheld – No legal ground for interference found [Paras 8-9].

Decision:

Appeal Dismissed – Held – Conviction and life sentence under Section 302 IPC upheld – No grounds for interference with High Court’s judgment [Paras 8-9].

Motor Accident Claims – Evidence and Proof – Claim for compensation denied by Tribunal and High Court due to absence of vehicle number in FIR – Supreme Court held non-mention of vehicle number understandable given urgency of situation – Reliable eyewitness testimony (Dheeraj Kumar) corroborated vehicle involvement – Standard of proof in accident claims based on preponderance of probability, not beyond reasonable doubt [Paras 6-9].

Compensation Assessment – Multiplier Application – Tribunal applied multiplier of 16 despite age of deceased being 29 – Supreme Court corrected multiplier to 17 in line with precedent (Sarla Verma case) – Tribunal's approach to calculating compensation adjusted to meet ends of justice – Comprehensive view taken considering number of dependents [Paras 10-12].

Insurance Liability – Tribunal correctly directed insurance company to pay compensation and recover from vehicle owner – Affirmed by Supreme Court in line with principles laid down in National Insurance Co. Ltd. Vs. Swaran Singh [Para 13].

Decision:

Appeal Allowed – Held – Tribunal and High Court judgments set aside – Compensation of Rs. 6 lacs awarded including consortium and funeral expenses with 7% interest from date of claim till payment – Insurance company to pay and recover from vehicle owner [Paras 14-16].

Medical Reimbursement – Rajasthan Civil Services (Medical Attendance) Rules – Respondent, a government employee, underwent emergency heart surgery at Escort Heart Institute, New Delhi while on leave – Claimed full reimbursement from the State of Rajasthan – State reimbursed Rs. 50,000 as per rules – Respondent's writ petition allowed by Single Judge and upheld by Division Bench, directing full reimbursement – Supreme Court held reliance on Rule 7(1) by lower courts was erroneous – Rule 6(1) applicable for medical treatment outside Rajasthan – Treatment for heart surgery available within Rajasthan – Full reimbursement not justified [Paras 2-7].

Government's Financial Limits – Government justified in limiting medical facilities and reimbursement based on financial resources – Supreme Court cited State of Punjab v. Ram Lubhaya Bagga, emphasizing government's discretion in formulating reimbursement rules [Paras 8].

Judicial Review – Correct Application of Rules – Earlier judgment in Shankerlal's case, relied upon by lower courts, overruled – Correct application of Rule 6(1) clarified – Judgment directing full reimbursement set aside – However, payments made under previous interpretation not to be recovered [Paras 7, 10].

Decision:

Appeal Allowed – Held – Judgment of Single Judge and Division Bench set aside – Writ petition dismissed – No recovery of payments made under previous interpretation – Legal position clarified for future applications [Paras 9-11].

Licence vs. Lease – Dispensing Pump and Selling Licence Agreement – Appellant (BPCL) granted licence to Respondent (Chembur Service Station) to use petrol pump premises for sale of petroleum products – Licence terminated due to irregularities – Respondent contended it was a deemed tenant under rent control laws – Supreme Court held licence was for limited purpose of selling appellant’s products, did not create any tenancy rights – Respondent’s occupation was on behalf of appellant – Termination of dealership terminated right to enter or use premises [Paras 23-25, 27].

Distinction between Lease and Licence – Licence defined as permission to do something on property without transfer of interest – Lease involves transfer of interest – Court emphasized substance over form, intention of parties, and control over premises – DPSL agreement clearly indicated control remained with appellant, respondent’s rights were limited to selling appellant’s products [Paras 18-20].

Judicial Review – Due Process and Termination – Supreme Court upheld appellant’s right to terminate licence and reclaim possession without resorting to eviction proceedings – Respondent could seek compensation for wrongful termination but could not retain possession of premises – Appellant’s actions following due process of law deemed sufficient [Paras 28-29].

Decision:

Appeal Allowed – Held – High Court and lower court orders directing status quo set aside – Appellant entitled to possession of petrol pump premises – Respondent restrained from entering premises – Trial court directed to dispose of suit expeditiously [Paras 35].