Justice Pravin S. Patil Archives

termination over non-disclosure of gambling offence

Employee cannot be terminated by ‘stroke of pen’: Bombay High Court reinstates employee terminated over non-disclosure of trivial gambling offence

“The employer should take into consideration all relevant facts and circumstances available as to antecedents and keeping in view the objective criteria, while taking appropriate decision. Mere suppression does not mean that employer can arbitrarily terminate the services of employee.”

Case Briefs High Courts

“It’s wife’s tendency to implicate husband and his family members to settle personal scores”: Bombay HC Quashes Dowry Harassment FIR against In-Laws

Only out of ulterior motive to settle personal score, wife makes generalized and sweeping accusation unsupported by concrete evidence. As a result, the family members of husband have to face agony of criminal trial, when no prima facie case is made out against them.

Case Briefs High Courts

‘Advocates perceived as client’s agent, must respect client’s autonomy to make decisions’; Bombay HC quashes forgery case against advocate

A considerable amount of direct control is exercised by the client over the manner in which an advocate renders his services during his employment and the services hired or availed of an advocate will be that of a contract “of personal service”.