Civil Procedure Code, 1908—Order 7 Rule 11—Rejection of Plaint—Absence of Cause of Action—Trademark Infringement Suit—Where a trademark infringement suit was instituted by a prior registered user in India against a subsequent user, the Court examined whether a valid cause of action existed within its territorial jurisdiction—The plaintiff alleged infringement based on use of a deceptively similar mark and the issuance of legal notices by the defendant—However, the materials annexed to the plaint revealed that. ...

Criminal Procedure Code, 1973—Section 378—Appeal Against Acquittal—Scope of Interference—Re-appreciation of Evidence—The appellate court has full jurisdiction to review, re-appreciate, and reconsider evidence in appeals against acquittal, without any statutory limitation under the Code of Criminal Procedure—It may form its own conclusions on both facts and law—Phrases such as “substantial and compelling reasons” are linguistic expressions and do not restrict the appellate court’s power—The accused benefits from a double presumption of innocence—once as a general principle and again reinforced by the acquittal—Where two reasonable conclusions are possible, the appellate court should refrain from disturbing the acquittal—Interference is warranted only when t...

Civil Procedure Code, 1908—Order 7 Rule 11—Rejection of plaint —The petitioner—proprietor of the globally recognized trademark "JOLLY RANCHER"—challenged the legality of an order dated 22.11.2024 passed by the 2nd Additional District Judge, Bhavnagar, which rejected an application under Order VII Rule 11 CPC in a commercial trademark suit filed by the respondent—The respondent, owner of the "JOLLY RANGER LEGWEAR" mark registered in India, claimed infringement by the petitioner, despite the latter's prior global use and trademark registration—The Court held that mere issuance of a legal notice or trademark registration application by the petitioner does not give rise to a cause of action unless actual commercial activity within the jurisdiction is demonstrated—Citing B...

Civil Procedure Code, 1908—Order 6, Rule 17—Constitution of India, 1950—Article 227—This writ petition, the Gujarat High Court dealt with the issue of amendment of pleadings in a civil suit instituted in 1995—The Trial Court had partially rejected the plaintiff’s amendment application by erroneously applying the proviso to Order VI Rule 17 of the CPC, as amended in 2002—The High Court clarified that the 2002 amendment does not apply to suits instituted prior to 01.07.2002, as per Section 16(2)(b) of the CPC (Amendment) Act, 2002—While allowing the amendment sought by the plaintiff, the Court held that the amendment will not relate back to the date of the original plaint but shall take effect from the date of filing of the amendment application (13.06.2024), protecting the defendant’s i...

Criminal Procedure Code, 1973—Section 377—Evidence Act, 1872—Section 25—This group of connected criminal appeals, the Gujarat High Court considered the legality of the conviction and sentencing of three accused in a theft case involving the burglary of a Jain temple in Mansa on 18.11.2009—The accused were convicted by the Sessions Court under Sections 457, 380, and 413 read with Section 114 of the IPC—The State also filed an appeal seeking enhancement of sentence—Upon detailed reappreciation of the oral and documentary evidence, the High Court held that the prosecution failed to prove the charges beyond reasonable doubt—The key prosecution witnesses turned hostile or failed to corroborate the investigation—Recovery of the stolen property (gold ignot) from the son of accused no.3 was fo...

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947—Section 29—Scope of Revisional Jurisdiction—Concurrent Findings of Fact—In a civil revision application challenging a judgment confirming a decree of eviction under the Bombay Rent Act, the Supreme Court reiterated that the object of the revisional power under Section 29 is to ensure that findings of fact are according to law and not to re-appreciate evidence as an appellate court would—Revisional jurisdiction is limited and can be exercised only when the findings are shown to be perverse, based on no evidence, or are the result of misreading of evidence, or when they cause a miscarriage of justice—Mere disagreement with the findings of fact is no ground for interference. ...

Penal Code, 1860—Sections 380, 457, 413 & 114—Conviction Based on Circumstantial Evidence and Inadmissible Confession—In a case of theft in a dwelling-house and house-breaking by night for the purpose of committing theft (Sections 380 & 457 IPC), followed by dishonest receipt of the stolen property (Section 413 IPC) and abetment by presence (Section 114 IPC), the prosecution relied on a chain of circumstantial evidence and an alleged confession by the accused to a police officer. ...

Criminal Procedure Code, 1973—Section 378—The prosecution examined multiple witnesses, including relatives of the deceased and police officials, but the evidence presented contained significant inconsistencies and contradictions—Key witnesses either did not support the prosecution’s case, turned hostile, or raised doubts about the circumstances of the injuries and recovery of weapons—The doctor’s testimony acknowledged that the injuries could have been caused by accidental falls, weakening the prosecution’s claim of intentional harm—Blood group analysis was inconclusive, as the blood on the alleged weapons and accused’s clothes did not match the unascertained blood group of the deceased, further undermining the prosecution’s case—The court relied on established principles t...

Gujarat Provincial Municipal Corporation Act, 1949—Section 141—This Court held that municipal property tax assessments must be completed within the official year; assessments and tax bills issued after the official year’s expiry were declared invalid—The petitioners in that case challenged retrospective recovery for 2006-2013, citing lack of assessment during the official year—However, in the present petitions, the Court finds the facts distinguishable—The assessments were duly framed within the official years, recorded in the assessment book, and made available for inspection before issuing bills—Petitioner claims of unawareness about online bills were rejected due to ongoing negotiations with the Municipal Corporation—Reliance on earlier decisions concerning issues such as assessment rates...

Gujarat Provincial Municipal Corporation Act, 1949—Section 141—Municipal Taxation—Validity of Property Tax Demand (2018–2024) Upheld—Procedural Compliance Established—Challenge under Article 226 to consolidated property tax bills issued by the Municipal Corporation for the period 2013–14 to 2023–24—Respondent Corporation conceded non-enforcement of demand for 2013–14 to 2017–18—Challenge limited to bills for 2018–19 to 2023–24—Petitioners contended non-compliance with statutory requirements of assessment and opportunity for objections prior to billing—However, affidavits and documentary evidence filed by the Corporation established that for subject properties (industrial/residential units and open plots in GIDC Phase II & III), surveys were...