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The author is Editorial Lead, BW Legal World
Bench of Justices Surya Kant and JB Pardiwala observed that, "The suppression of material information and making a false statement in the verification Form relating to arrest, prosecution, conviction etc., has a clear bearing on the character, conduct and antecedents of the employee. If it is found that the employee had suppressed or given false information in regard to the matters having a bearing on his fitness or suitability to the post, he can be terminated from service."
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In a succinct and candid conversation with Kaustubh Mehta, Editorial Lead, BW Legal World, Senior Advocate Rajiv Nayar talks about succeeding with ethics, his father's wish for him to become a civil servant and his views on tribunalisation.
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Contempt should be revolutionized to be only opted for against the Executive when the judgments of the court are dishonoured and not against insignificant citizens for their innocuous speech. The Supreme Court’s inclination to invoke contempt must not strike an arrow at the wheels of free speech.
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The Court observed that, "There is no direct evidence by which it can be said that the appellants killed or committed the murder of the deceased. There is no direct evidence recorded indicating involvement of the appellants in the crime and as observed hereinabove, the case of the prosecution is based on the circumstantial evidence."
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Bench of Justices Surya Kant and JB Pardiwala observed that, "Criminal liability is attracted only on those, who at the time of commission of the offence, were in charge of and were responsible for the conduct of the business of the firm. But vicarious criminal liability can be inferred against the partners of a firm when it is specifically averred in the complaint about the status of the partners ‘qua’ the firm."
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Noting that there were 11 grave injuries on the deceased, Bench of Justices SK Kaul and PS Narasimha observed that, "It is clearly a case of mercilessly beating on all the vital parts of the body and reigning blows, albeit with a wood piece, on head and on different parts of the head again and again. With these kinds of blows, there would be no possibility of the deceased surviving."
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In a no-holds-barred conversation with Kaustubh Mehta, Editorial Lead, BW Legal World, Senior Advocate Sanjoy Ghose talks about his journey in the litigation arena, his advice for young lawyers and his experience from being a Government Counsel to a designated Senior Advocate.
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On Monday, speaking at the book launch event of "Mediation: Theory To Practice", authored by Advocate and Alternate Dispute Resolution specialist Iram Majid, Justice S Ravindra Bhat said, "in order to mediate in the right manner, one needs to put himself in the shoes of the adversary."
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Speaking at the Capital Foundation Lecture, former Chief Justice of India NV Ramana also said, "I commend my predecessors for carrying this institution this far, and I have faith that my successors will take it to new heights. In the growth of the Indian judiciary, lies the growth of the Indian democracy."
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Bench of Justices Sanjiv Khanna and Bela M Trivedi observed, "Payment of gratuity cannot be categorised as a windfall or a bounty payable by the private schools as it is one of the minimal conditions of service. In this background, the argument of the private schools that they do not have capacity and ability to pay gratuity to the teachers is unapt and parsimonious. All establishments are bound to follow the law, including the PAG Act."
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