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Shabu KN Achary v. Dharampal Premchand Limited

Civil Appeal · 2026 INSC 819Decided 7 Aug 2026
C.A. No.-010260-010260 - 2026
Justice J.B. Pardiwala · Justice K. Vinod Chandran

Background

In a trademark infringement and passing-off suit over a "BABA" brand, the defendant sought to cross-examine the plaintiff on whether he had any document showing when the mark had first been used. The High Court expunged this question from the record on the ground that it was a purely factual matter beyond the scope of cross-examination, since the defendant's own written statement had not been taken on record.

Decision Breakdown

The Supreme Court disagreed, holding that once the plaintiff's own affidavit asserted trademark and trade-dress infringement and claimed prior use of the brand, the defendant was entitled to test that claim by asking when the mark had actually been used - regardless of whether the defendant's written statement was formally on record. The Court reversed the High Court's order and directed that the trial proceed with the plaintiff recalled to answer the question, while clarifying it expressed no view on the merits of the underlying dispute.

Lesson Learnt

A defendant's right to cross-examine on facts the plaintiff has itself put in issue (such as when a trademark was first used) does not depend on the defendant's written statement being formally on record - cross-examination on the plaintiff's own pleaded case cannot be curtailed on that technical ground.

Official source (sci.gov.in)View Judgment (PDF)

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