Business Ethics Final PPT

7/29/2019 Business Ethics Final PPT

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Submiited by:

Deepika Bangwal D-10

Sachin Yadav D-11

Sooraj Nair D- 14

Zia Ansari D-37

Sachin Nikam D- 38

K Sunit D- 46


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What is justice

Protection of the innocent

Punishment of the guilty

Satisfactory resolution of disputes

Most importantly delivery of justice on

time is crucial for litigants


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Massive scams Robbery

Extortion

Murders in broaddaylight

Rape

Election booth rigging

through muscle power

Each of these is possible continuously and blatantly only due toone reason

THE PARALYZED JUDICIARY OF OUR COUNTRY

By the time justice is done either the person

fighting is killed or dies naturally


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Pendency of Litigation in India

Justice is not only blind but too lame as

well

Handicapped by

inadequate funds

budgetary allocations for law and justice not

being part of the plan expenditure

shortage of resources shortage of staff and infrastructure


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Causes

Inadequate number of Courts

Courts Inadequate number of judicial officers

Judicial officers not fully equipped to tackle

cases involving specialized knowledge Dilatory tactics by the litigants and their

lawyers who seek frequent adjournments anddelay in filing documents

Role of administrative staff of the CourtCorruption

Red Tapism

Judicial corruption


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CURRENT SCENARIO

Over three million cases are pending inIndia's 21 high courts, and an

astounding 26.3 million cases arepending in subordinate courts across thecountry.

Cases filed per 1000 is 1.2 in India farlesser than 17 in Malaysia and 14 inKorea


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0

0.5

1

1.5

2

2.5

3

3.5

4

4.5

5 4.6

4.13.9

1.9

1.2 1.06 1.05 1 0.9

Pending Cases In subordinate courts in millions

Pending Cases


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0

100

200

300

400

500

600

700

Bihar Punjab Uttar

Pradesh

Delhi

628

334

212

344

Prisoners Kept under-Trial for over five years cases

Under-Trial Cases


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Impact of delay

There are three enemies of the administration of

justice: uncertainty, delay and costs

Uncertainty and delay both create a feeling of

confusion and uneasiness in the minds of thelitigants

Speedy trial is the essence of criminal justice and

there can be no doubt that delays in trial by itselfconstitutes denial of justice


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Impact of delay

Delays in courtrooms lead to corruption in

government; lack of investment in vital economicspheres due to uncertain contract enforcement;

higher transaction costs and a generalinflationary bias

The justice has become costlier, in terms of time

and money. Since the citizens are unable to apply

costly lubrication to the parts of mechanismattached to the system, their work is delayed and

justice goes out of their reach


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Continued....

Delay is eating up 2 percent of the GDP on an

average especially creating a hostile environment for

investment

Financial investors investing in India has a "legal risk

premium" which is an additional cost involved for

investment due to the weak legal system A report of World banks ranks India last among 184

economies, in terms of enforceability of contracts


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Indian case


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Uphaar Cinema case

Occurred on Friday, June 13, 1997 at

Uphaar Cinema Green Park Delhi

59 people died, mostly due to suffocation,

and 103 were seriously injured in theresulting stampede

Case filed by The Association of Victims of

Uphaar Fire Tragedy' (AVUT) and won Rs25 crore as compensation

However the Supreme Court on 13/10/2011,

nearly halved the sum of compensation


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Almost nine years after the tragedy, a trial courtjudge visited the Uphaar cinema hall in August,

2006, accompanied by CBI officials whoinvestigated the case to get a first hand look atthe seating and fire safety arrangements, whichhave been blamed for the tragedy

The Supreme Court on October 13 2011reduced the amount of compensation to be paidto the victims of 1997 Uphaar Cinema firetragedy. The compensation to family of

deceased above 20 yrs cut from Rs 18 lakh toRs 10 lakh each; for those below 20 yrs, fromRs 15 lakh to Rs 7.5 lakh.


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Cases

Shocking to observe that it took six years to

establish that the 59 people died because of

criminal negligence on the part of the cinema

management and the Delhi government.

It was clear from day one that nobody would have

died had proprietors of the cinema hall followed

safety rules


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Harshad Mehta Scam

Harshad Shantilal Mehta was an Indian stockbrokercharged with numerous financial crimes that took placein 1992.

Of the 27 criminal charges brought against him, hewas only convicted of one, before his death at age 48

in 2001. It was alleged that Mehta engaged in a massive stock

manipulation scheme financed by worthless bankreceipts, which his firm brokered in "ready forward"transactions between banks.

Mehta was convicted by the Bombay High Courtand Supreme Court of India for his part in a financialscandal valued at 5,000 crore which took place onthe Bombay Stock Exchange (BSE).

He was tried for 9 years, until he died in the late 2001


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Bhopal Gas Tragedy(1984)

Bhopal gas Leak disaster, which took a toll of

15000 people. Twenty eight years have passed

to that ghastly incident; still now victims were

fighting for its compensation, which fails to

measure up the damage caused to them.

In 2010 Chief judicial magistrate Mohan P Tiwari

pronounced the verdict in a packed court roomconvicting 85-year-old Mahindra, and seven

others in the case relating to leakage of deadly

methyl isocyanate gas


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They were held guilty under Sections 304-A

(causing death by negligence), 336, 337 and

338 (gross negligence) of the Indian PenalCode.

However, there was no word on Warren

Anderson, the then chairman of UnionCarbide Corporation of the US, who was

declared an absconder after he did not not

subject himself to trial in the case that began

23 years ago.


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Ruchika Girhotra

Molestation of a 14 year girl by a top cop

After she made a complaint, the victim, her family, and herfriends were systematically harassed by the police leading toher eventual suicide

After 19 years, the criminal has been found guilty but all he gotas punishment was 6 months in prison and a meager sum of1000 Rs

However, the accused in this

case got away on bail

by paying a few thousands,hereby making a mockery of

the justice


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Nitish katara was a 24 year old Indian business

executive in Delhi, who was murdered on Feb,17,2002,

by Vikas Yadav son of influential criminal-politician D. P.

Yadav He had fallen in love with Bharti Yadav, sister of Vikas

Yadav, Nitishs murder was an honor killing because the

family did not approve the relationship

Received threats several times

Finally, Vikas and Vishal Yadav were later found guilty by

the trial Court and awarded life sentence on 30 May

2008.


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All these cases shows the real picture how politics,

hierarchy in the system, money and muscle power

influence the cases and thus resulting into delay or

denial The accused party with its influence tries to eradicate

all evidences of witnesses

It takes decades to get justice, that too under

pressure of people outrage, media


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Law in other

countries

In United States, also speedy trial is one of the

constitutionally assured rights

In developed countries like US, for petty cases,

people filing cases in the morning get justice literallyby the evening

European Convention on Human Rights too provides

that everyone arrested or detained shall be entitled

to trial within reasonable time


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REMEDIES

Fast Track Courts

Mobile Courts

Lok Adalats

Alternative Dispute Resolution Mechanisms

Setting up of e-committee Setting up of GramNyayalayas

Declaration of Assets by Judges

Periodical Performance Evaluation and

Removal of Judges and officers of DoubtfulIntegrity

Tightening the Selection Procedure ofSuperior Court Justices


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Indian law system that is been inherited from British

rulers, has grown of ages and needs modification tosuit our needs and convenience

The modifications should aim at shortening theperiod of proceedings of the court

Amendment in the rules and regulations governing

court proceedings and simplification of the

procedures computerization of the whole country's judicial

system is the need of the hour


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Business Ethics Final PPT

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