Author
The author is Editorial Lead, BW Legal World
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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The Supreme Court laid many issues of controversy like arbitrators' fee, claims and counter claims, ceiling limit and sum in dispute, to rest.
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The Court observed that, "..it can be taken into consideration at the trial against an accused for arriving at his guilt or otherwise but the prosecution has to at the very first instance prove its case beyond reasonable doubt against him and then his explanation or answer to such incriminating circumstance should be looked into."
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