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...

Indian Admiralty Law Made As Easy As ABC

This catchy title is given only to encourage and motivate the Students and legal practitioners new to this field not to get bewildered by the subject. In many ways, the concept of Admiralty law is more or less similar to the law relating to properties on land and only the terminologies used in Admiralty law are different. Any person having a basic knowledge of laws related to landed properties can easily learn and even master the Admiralty Law by putting in a little extra effort and...

Breach Of Promise To Marry: Rape?

Rape laws and the standard of consent followed therein concern significant issues of transnational importance that have only gained more currency in the post #Metoo era. Many feminists have pointed out that the carceral impulse of developments in this era do little to change societal structures or even further victim justice. I interrogate India's jurisprudence on the breach of promise to marry in this light. A recent judgment of the Odisha High Court in India was reported across...

Pandemic (Covid 19) And Nationwide Lockdown Severely Damages Legal Professionals

The whole world is facing chaos and mass destruction caused by pandemic COVID 19. The pandemic has brought the world economy down, in a deep financial crisis, which was leading the world wide working systems, services, professions and business. The legal profession is one of the significant pillars of the whole society and it is a matter of big sorrow that the nationwide lockdown has brought to the fore the great disparity and problems in the field of legal profession and clearly the...

The Illegality of Delhi Government's Residence-Based Denial of Health Care

Delhi government's decision is a frontal attack on the constitutional value of fraternity and the idea of India's unity and nationhood.

African-Americans And The United States Constitution

'I can't breathe!' These were the last words of George Floyd, an African-American citizen of the United States of America who died due to police brutality, recently. Floyd was arrested for allegedly using counterfeit currency for buying cigarettes. He was pinned down by officer Derek Chauvin who knelt Floyd's neck for over nine minutes, causing his death. Immediately after, the Police Department fired all the four officers involved in the episode, and Mr. Chauvin (the officer who pinned...