Service Law – Dismissal – Unauthorised Absence – Back Wages – “No Work No Pay” – Earlier LPA Granted Only Pensionary Benefits – No Direction for Back Wages – Employee Did Not Perform Duty for Period 09.06.2001–22.10.2007 – Held, Dependents Not Entitled to Back Wages; Treatment of Absence as Duty Without Pay for Pension Purposes Proper [Paras 10–12].

Pensionary Benefits – Earlier Judgment (22.11.2011) – Scope – Division Bench Only Directed Release of Amount in Pension Calculation Chart – No Mandate to Grant Back Wages – Appellant Having Accepted Pension Benefits Cannot Reopen Issue – Order Dated 22.03.2012 Consistent With Earlier LPA Directions [Paras 10–12].

Compassionate Appointment – Consideration – Dependent Daughter Failed Recruitment Test – Authorities Gave Multiple Opportunities and Guidance – Court Reiterates Direction to Consider Eligible Dependent as Per Rules – No Mandamus to Appoint – Only Consideration Permitted [Paras 8, 13–14].

Service Jurisprudence – “No Work No Pay” – Principle Reaffirmed – Back Wages Not Automatic Upon Quashing of Dismissal When No Work Rendered – Especially When Employee Was Absent and Later Died Before Fresh Enquiry Could Be Held [Paras 11–12].

Decision: Appeal disposed of – Denial of back wages upheld – Direction to consider compassionate appointment reiterated, subject to eligibility [Para 14].

Intellectual Property – Trademark Infringement – Permitted User – Consent Decree Enforcement – Plaintiff “The Indian Express” sought injunction against Defendant for using “New Indian Express” in Mumbai for event promotion, violating Clause 18(iv) of MoS dated 05/02/1995 and Supplemental MoS dated 12/08/2005 – Defendant granted only limited user rights for publishing English daily in five southern states and specified UTs – Held: Defendant’s conduct in Mumbai beyond scope of permitted user – Prima facie case made out for infringement and passing off [Paras 1, 75–78, 93].

Contract – Interpretation of Consent Decree – Negative Covenant – Clauses 17, 18(iv), and 19(iv) of MoS impose absolute restriction on Defendant’s use of title “New Indian Express” outside permitted territory and only for publication – Event organization, even promotional, falls outside permitted scope – Held: Limited permissive use strictly confined to agreed terms – No rights conferred for standalone events or revenue-generating activities outside agreed states/UTs [Paras 73–77, 91–93].

Acquiescence and Waiver – Consent Decree – Defendant argued Plaintiff waived rights by non-objection and joint advertising history – Held: No waiver/acquiescence can override a binding consent decree – Plaintiff’s silence, if any, does not imply consent – IPAB order of 2015 restricting use to southern states & UTs remains unchallenged and binding – No positive act amounting to waiver established [Paras 85–90].

Trademark Law – Derivative Marks – Use of “New Indian Express” – Held: Merely adding “New” to “Indian Express” does not create a new distinctive mark – Defendant’s trademark rights exist only under MoS – Registration alone does not confer independent proprietary rights – Plaintiff’s ownership over “Indian Express” remains absolute and enforceable [Paras 92–93].

Delhi High Court Orders – Not Binding – Defendant relied on interim orders of Delhi High Court (2011) – Held: Findings are not binding or conclusive – Delhi Suit dismissed for non-prosecution – No estoppel arises – IPAB’s order and MoS prevail [Paras 83–84].

Decision: Interim Application allowed – Injunction granted restraining Defendant from using “New Indian Express” for events, promotion or business outside permitted states/UTs – Application allowed in terms of prayer clauses (a) to (d) – No costs awarded [Para 95].

Civil Procedure – Counter-claim – Maintainability of Additional Pleading by Co-defendant – Inter-defendant Claims – Rejected – Defendant No.1 sought leave to file a rejoinder/additional written statement in response to counter-claim raised by Defendant No.3 – Held: Under Order VIII Rule 6A CPC, counter-claims can only be made by a defendant against a plaintiff and not inter se between co-defendants – Rule 9 does not permit a co-defendant to reply to such counter-claims, as 'parties' refers only to plaintiff and defendant in this context – Permitting such response would result in an impermissible trial within a trial between defendants – Application dismissed with costs [Paras 14–16, 20–22].

Statutory Interpretation – Ejusdem Generis – Application to CPC – Expression 'parties' under Order VIII Rule 9 to be read in the limited context of counter-claims as defined under Rule 6A – General provision must be interpreted in harmony with specific statutory framework – Co-defendant not a proper party to respond to a counter-claim unless made by or against the plaintiff [Paras 15–16].

Case Law Distinction – Inapplicability of Earlier Precedents – Orissa High Court ruling in Chandra Kishore v. Babulal Agarwala and Supreme Court decision in Noorul Hassan v. Nathakpam Indrajit Singh held inapplicable – The former concerned amendment post-pleadings and the latter pertained to election petition procedure under Representation of the People Act, not regular civil suits – Hence, not relevant to instant commercial suit under CPC framework [Paras 17–19].

Delay Tactics – Abuse of Process – Costs Imposed – Court held the application to be frivolous and a dilatory tactic to stall trial of the commercial suit – Costs of ₹10,000 imposed on Defendant No.1 payable to West Bengal State Legal Services Authority [Paras 21–22].

Decision: Application IA No. GA-COM/7/2025 dismissed – Co-defendant cannot file additional written statement against counter-claim of another co-defendant – Costs of ₹10,000 imposed on Defendant No.1, payable within two weeks.

Criminal Law – Culpable Homicide – Section 304A IPC – Death by Alleged Stone Pelting – Appellant convicted by Trial Court for causing death through rash and negligent act – On appeal, High Court finds that key witnesses including P.W.3 (complainant), P.W.4 and P.W.6 (injured) admitted inability to identify assailants due to darkness – No torchlight allegedly used by assailants was seized – Medical opinion consistent with accidental fall on hard surface – Held: Identity of accused not proved beyond reasonable doubt – Conviction set aside [Paras 29–39, 45–49, 60–62]

Identification – Evidence in Nighttime Assault – Victim and witnesses admitted inability to identify assailants due to darkness – Torchlight said to have been used not recovered – Independent witnesses (P.W.5, P.W.7, P.W.8, P.W.9, P.W.11) did not implicate appellant – Absence of specific identification renders conviction unsafe [Paras 30–38, 45–58]

Medical Evidence – Contradiction with Ocular Evidence – Doctors (P.W.1 and P.W.2) opined injuries could result from fall on hard or stony surface – No external injuries consistent with targeted stone assault established – Injury reports vague and lacked detail – Held: Medical evidence does not support prosecution narrative of deliberate assault [Paras 41–44, 60–61]

Criminal Procedure – Benefit of Doubt – When key prosecution witnesses fail to identify accused, medical evidence is inconclusive, and investigation lacks corroborative seizure – Held: Prosecution failed to prove guilt beyond reasonable doubt – Accused entitled to benefit of doubt – Conviction and sentence set aside [Paras 62–64]

Decision: Appeal allowed – Judgment and order of conviction dated 27.04.1991 passed in Sessions Case No. 17/89 set aside – Appellant acquitted – Bail bonds to be discharged if not wanted in any other case – Appellant to furnish bonds under Section 437A CrPC for six months.

Criminal Law – Arrest Warrants – Economic Offences – Petitioner challenged trial court’s order rejecting application under Section 70(2) CrPC for converting arrest warrants into bailable warrants – Allegation of tax evasion of over ₹10.65 crores under CGST and Customs Acts – Held: Offences are grave economic crimes with national fiscal implications – Petition raises significant legal issue involving conflicting High Court precedents – Matter referred to Larger Bench [Paras 1–5, 22–30]

Economic Offences – Tax Evasion – Gravity of Offence – Court held that economic offences involving fake ITC claims and massive loss to public exchequer must be viewed seriously – Mere readiness to appear or quantum of sentence is not sufficient ground to convert non-bailable warrants – White-collar crimes affect national economy and require stricter bail considerations [Paras 6–9, 12–17]

Judicial Precedent – Conflicting Coordinate Bench Decisions – In view of divergent rulings in P.C. Purohit v. Union of India and Girdhar Gopal Bajaria v. Rajesh Kumar Sharma, Court emphasized that judicial propriety demands matter be referred to Larger Bench – Coordinate Bench cannot override previous ruling of equal strength – Reference made to Chief Justice for constitution of Special/Larger Bench [Paras 22–30]

Decision: Petition not decided on merits – Matter referred to Special/Larger Bench to resolve conflict in precedents – Chief Justice requested to constitute appropriate bench to answer whether arrest warrants in serious economic and criminal cases can be converted into bailable warrants as a matter of right under Sections 70(2) CrPC or 72(2) BNSS.

Criminal Law – Section 314 IPC – Illegal Abortion Causing Death – Conviction Confirmed – Appellant, an unqualified person, attempted to terminate pregnancy of deceased (8 months pregnant) using root-like object and fishing hook – Deceased died due to hemorrhage and septicemia following crude and unhygienic abortion – Eyewitness PW-1 (sister-in-law) and PW-3 (daughter of deceased) deposed to invasive act and pleas of victim to be taken to hospital – Medical evidence corroborated uterine perforation and presence of foetal parts – Held: Act was performed without medical qualification, consent of deceased does not exonerate appellant – Conviction under Section 314 IPC upheld [Paras 3–5, 11–13, 22–27, 32, 40–42]

Evidence – Ocular and Medical Corroboration – PW-1 and PW-3 provided consistent, credible eyewitness testimony of abortion being performed with fishing hook – Medical Officer (PW-5) confirmed cause of death as septicemia and hemorrhage due to mid-trimester incomplete abortion – Hook-like injuries matched medical findings – Testimony found natural, unimpeached and consistent with scientific evidence – Held: Prosecution proved guilt beyond reasonable doubt [Paras 11–13, 26–27, 29–30, 32]

Criminal Procedure – Sentencing – Plea for Reduction Rejected – Appellant claimed sentence excessive due to her old age (over 70 years) and lack of intention to cause death – Court held appellant’s actions were inherently dangerous and illegal, involving gross negligence and reckless disregard for life – Consent of victim to abortion irrelevant when procedure is manifestly unsafe – Held: Sentence of 7 years' rigorous imprisonment under Section 314 IPC is just and proportionate – No mitigating circumstance warranting reduction [Paras 8, 33–39]

Decision: Appeal dismissed – Conviction and sentence under Section 314 IPC affirmed – Appellant directed to undergo remaining part of sentence [Paras 40–43]

Sales Tax – Definition of Dealer – Club Activity – Profit Motive – Not Established – Exemption Granted – Respondent Hyderabad Race Club engaged primarily in horse racing – Petitioner State contended that activities like sale of oats, tender forms, and food items amounted to business – Held: Club not operating with profit motive – Transactions incidental to charitable purpose – Not a “dealer” under Section 2(e) of APGST Act – Tribunal’s view upheld [Paras 5, 8, 9, 12, 13, 39].

Tax Classification – Cattle Feed – Oats Sold to Horse Trainers – Whether Taxable as General Goods or Concessional Cattle Feed – Held: Oats fall within definition of Cattle Feed under Entry 80 – Tax at Concessional Rate Applicable – Horses legally classified as cattle under Cattle Trespass Act – Oats used solely as feed – Entry 80 applicable – Reclassification as “general goods” rejected [Paras 6, 14–17, 27–31, 40–42].

Point of Taxation – First Point of Sale – Whether Taxable on Purchase or Sale Value – Held: Tax to be Levied on Subsidised Sale Value – Respondent sold oats to trainers for ₹10.66 lakhs against purchase price of ₹52.30 lakhs – Entry 80 prescribes tax at first point of sale – Tax to be calculated on sale value [Paras 6, 18, 42].

Interpretation of Taxing Statutes – Liberal and Purposeful Interpretation of Entry 80 – Broader Scope Includes Feed for Livestock and Horses – Court held Entry 80 to include all livestock feed – Subsequent legislative amendments (Entries 80A, 80B) show earlier inclusion of various feed types in Entry 80 – No narrow interpretation permitted – Supported by judicial precedents and dictionary definitions [Paras 20–26, 43].

Burden of Proof – State Failed to Disprove Classification – Tribunal Order Justified – Respondent presented sufficient documentary and expert evidence supporting oats as cattle feed – State failed to show contrary – Tribunal rightly upheld concessional rate and rejected full taxation on purchase value [Paras 11, 18, 41, 44].

Decision: Tax Revision Cases dismissed – Orders of STAT upheld – Respondent not a dealer – Oats taxable under Entry 80 as cattle feed – Tax payable on actual sale value, not purchase value [Paras 45–46].

Negotiable Instruments Act, 1881 – Section 138 – Appeal against Acquittal – Dishonour of Cheque – Financial Capacity and Rebuttal of Presumption – Complainant alleged advancing Rs. 10 Lakhs cash loan – Trial Court acquitted accused citing lack of evidence for transaction and probable defence – High Court upheld acquittal – Held: Complainant failed to prove financial capacity or purpose of loan – Defence successfully rebutted presumption by establishing the cheque was likely a security for husband’s transaction – Appeal dismissed [Paras 5, 9, 10, 11].

Evidence – Financial Capacity – Lack of Documentation – Complainant, a financier, claimed to have lent Rs. 10 Lakhs in cash but failed to produce Income Tax records or mention the purpose of the loan – High Court affirmed that advancing such a high amount without documentation renders the initial case of the complainant "wobbly" even before presumption is raised [Paras 5, 9].

Cheque – Material Alterations and Execution – Signature on the cheque was in different ink compared to other entries – Complainant failed to depose that the cheque was filled by the accused in his presence – Circumstances supported the defence version that a blank cheque was issued as security rather than for the alleged debt [Para 10].

Presumption and Rebuttal – Standard of Proof – Accused examined herself (D.W.2) and produced documents relating to connected insolvency proceedings and other transactions involving her husband – Court held that the accused rebutted the statutory presumption to the level of preponderance of probability – Benefit of doubt rightly granted by Trial Court [Para 10].

Decision: Appeal dismissed – Acquittal confirmed.

Criminal Procedure – Leave to Appeal Against Acquittal – Right of Victim – Appellant sought leave under Section 378(4) Cr.P.C. against acquittal in complaint involving serious offences under IPC – Supreme Court in M/s Celestium Financial v. A. Gnanasekaran held that victims have an unconditional right to appeal under proviso to Section 372 Cr.P.C. – High Court followed the same in Dharampal v. State of Haryana – Held: Application to be treated as an appeal under Section 372 and transferred to Sessions Court for disposal [Paras 3–4]

Limitation – Delay in Filing Appeal – Application under Section 5 of the Limitation Act seeking condonation of 13-day delay in filing the appeal – Delay condoned for sufficient cause shown [Para 1]

Decision: Application under Section 378(4) treated as appeal under Section 372 Cr.P.C. – Registry directed to transfer records to Sessions Judge, Mansa – Delay condoned – Appeal to proceed before Sessions Court.