Baghjan Fire Disaster: A Case Of Criminal Negligence

The Oil India Limited (OIL) announced on 20 May 2020 that the Ministry of Environment, Forest and Climate Change (MoEF) had given it clearance for extension drilling and testing of hydrocarbons in seven locations under Dibru Saikhowa National Park area and North-West of Baghjan in the Tinsukia district of Assam. In less than a week, there was a blowout in its oil well in Bhaghjan 5. The unchecked leakage led to a huge fire in the oil well on 9 June 2020, killing two fire fighters. Nearly...

Payment Of Wages And Judicial Evasion In A Pandemic

Two days ago, on this blog, we discussed the pending challenge before the Supreme Court to the government's directions requiring employers to pay wages to their workers during the nationwide lockdown imposed under the Disaster Management Act. At the time, the matter had been reserved for orders; today, the Supreme Court passed an order that can only be described as bizarre: it refused to rule on the legal issues before it, postponed arguments to the end of July (seven weeks from now), directed...

E & W Court Of Appeal's Judgment In Enka Insaat vs Chubb Clarifies The "Three Stage Test" Of "Sulamérica's Case": "Seat" Regains Its Control

This article may be read in continuation of the article titled "Sulamérica's Case and the three stage inquiry to determine the law of arbitration : Recent developments & the divergent Indian approach" published earlier in two parts viz Part I[1] and Part II[2] on 11th April, 2020 and 14th April, 2020 respectively. In a very significant development, on 29th April, 2020, the England and Wales (E & W) Court of Appeal in Enka Insaat Ve Sanayi A.S. Vs OOO "Insurance Company...

Farewell To Justice Hosbet Suresh

Justice Suresh died last night in his sleep. The lockdown prevents us from being with him at the funeral. I have known him for 30 years, through my activism days at Bombay, my practice in the Industrial Courts and the Bombay High Court and then as the Chairman of the Human Rights Law Network till his death. He had lived a good life, was happy and content till the end, though he railed against injustice with increasing vigor with every passing day. It was a joy arguing before him in the High...

Abortion And The Law In India

On 22nd May 2020, out of barely 30 cases enlisted on the daily board of Bombay High Court, 4 cases were for medical termination of pregnancy. One such case was of a 13-year old minor girl who was 22-weeks pregnant. The petition was filed through the girl's mother, a pavement dweller living in Thane. The girl in the case is a survivor of heinous rape alleged to have been committed by her own father. It has been reported that the father used to regularly abuse the girl, she then moved...

The Payment Of Wages Order: An Analysis

On March 29th 2020, the Home Secretary – acting in his capacity as the Chairperson of the National Executive Committee under the Disaster Management Act – issued an order requiring, inter alia, that "all the employers, be it in the Industry or in the shops and commercial establishments, shall make payment of wages of their workers, at their work places, on the due date, without any deduction, for the period their establishments are under closure during the lockdown." The context of the Order is...

Are Lawmakers Justified In Amending Section 45 Of Prevention Of Money Laundering Act, 2002?

The Prevention of Money Laundering Act is synonymous with white collar crimes. Money laundering poses a threat not only to the financial system of the nation, but also to its integrity and sovereignty. To curb this menace, the Prevention of Money Laundering Act, 2002 was enacted. The Act envisioned tackling the transgression of money laundering by punishing offenders and attaching properties involved in offences of money laundering. The Money Laundering Bill was introduced in the...

Unique Practices In Criminal Law

Introduction: - We have been slaved by British Government and various laws which have been formulated before the Independence. During 1860 when the Indian Penal Code was codified and the substantive laws of criminal nature paved its way through the system, there was a need for one separate law which could explain about the procedure related to criminal matter. Therefore, in 1973, the Code of Criminal Procedure was enacted however the same was brought into force in the year 1974....

Covid 19 And "Jus Cogens" Norms- A Few Clarification On The Legal Fundamentals

On 3 June 2020, Live Law Carried an article titled "COVID-19 and Jus Cogens Norm Implication on China" ("3 June Article"). Regrettably, the piece contained a number of fundamental conceptual errors of international law. To be clear, my attempt in this piece is not to argue that any State has, or has not, breached international law in relation to the current pandemic. While the 3 June article made certain assumptions about facts, evidence, and causation, to support its argument, I do...

Safoora Zargar Bail Order Doesn't Satisfy Criteria For Prima Facie Case Under Section 43D(5) Of UAPA

The order passed by Additional Sessions Judge, Patiala House Courts, Delhi on June 4 to deny bail to student activist Safoora Zargar is unsatisfactory on many counts, when subjected to legal scrutiny. 27 year old Safoora has been booked under Section 147/148/149/120-B Indian Penal Code read with 302/307/124-A/153-A/186/253/395/427/435/436/454/109/114 Indian Penal Code along with under Section 13/16/17/18 of Unlawful Activities (Prevention) Act in relation to alleged conspiracy behind...

A To Z Of The Insolvency And Bankruptcy Code: A Beginner's Guide (Part II)

In the previous part (click here), we gave you a general background to the Insolvency and Bankruptcy Code, 2016 (IBC) and tried unpacking some specific concepts crucial to its functioning. We introduced you to the central actors of the IBC regime: Adjudicating Authority (AA), Committee of Creditors (CoC) and financial creditors, including the latest addition to the group—homebuyers. Additionally, we briefly analysed some of the more advanced concepts such as 'cross-border insolvency', 'group...

Proposed Auditor Regulation Reforms In India: An Analysis

An important proposal for auditor reforms in India has been mooted by the Ministry of Corporate Affairs (MCA). The MCA has released a consultation paper in February 2020 highlighting the proposed changes in the audit practices. The consultation paper largely aims at revamping the practice of simultaneously carrying on audit and non-audit business by the large firms. The need to regulate the 'Big 4'(Deloitte, Ernst Young, KPMG, and Pricewaterhouse Coopers.) accountancy firms are...