Supreme Court Holds Defendant Can Cross-Examine Plaintiff on Brand Name Even Without Written Statement on Record

Case Snapshot

Case Name: Shabu KN Achary v. Dharampal Premchand Limited

Citation: 2026 INSC 819

Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran

Date of Judgment: August 7, 2026

Area of Law: Civil Procedure, Evidence Law, Trademark Infringement

The Judgment in One Line

Defendant is entitled to cross-examine the plaintiff on the brand name assertion even if the written statement is not on record, as it goes to the foundation of the infringement claim.

Why This Judgment Matters

This judgment clarifies the rights of a defendant in a trademark infringement suit regarding cross-examination, even when the written statement has not been taken on record. The Supreme Court held that the mere absence of a written statement does not bar a defendant from questioning the plaintiff about the foundational facts of the claim—particularly the usage and documentation of the asserted brand name. The judgment protects the defendant's right to test the plaintiff's case through cross-examination and prevents courts from restricting cross-examination on purely procedural grounds.

Background

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