Preventive Detention In India

Preventive detention is the detention of a person on a mere reasonable apprehension of him doing an activity dangerous to public order and security. Here, the person is confined in custody without undergoing a trial. Section 149-153 of CrPC[1] deals with the Preventive actions of the Police. Section 151 says that the police officer may arrest a person to prevent the commission of a cognizable offence, without a warrant from the magistrate, if it appears to the officer that the...

New Motor Vehicles Act Provisions Effective From April 1: Limitation For MACT Claims, Removal Of 2nd Schedule & More

New provisions of the Motor Vehicles Act relating to third party insurance and filing of claims before Motor Accident Claims Tribunal will come into force from tomorrow, April 1, 2022.The Central Government has notified that Sections 50 to 57 and 93 of the Motor Vehicles (Amendment Act) 2019 will come into force with effect from April 1, 2022.A notification issued by the Ministry of...

Insolvency Law In Review – January 2022

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this...

New Income Tax Rules Applicable From April 1, 2022: All You Need To Know

From April 1, 2022, a number of significant changes will take place that may affect your online transactions and expenses. Here are significant changes to be aware of.30% Tax Payable On Cryptocurrency Assets Sold At A Profit The Union Budget 2022-23 proposed a 30% tax on cryptocurrency assets. Beginning April 1, cryptocurrency gains will be taxed at 30%, which is the highest...

Making Of Will Yourself

The most certain thing in one's life comes at the very end of it - the certain call, the death. But life still goes on and beyond. And the dead lives among the alive in their memories that he leaves behind besides other things. There cannot be a dispute regarding the fond memories, for they can be shared without dispute but the 'other material things' most of the time become a bone of bitter contention. This is where enters the Will. Will is a legal document containing the desire of the...

Service Law - Principles Of Transfer & Postings : Supreme Court Summarizes

The Supreme Court has reiterated that an employee has no fundamental right or a vested right to claim a transfer or posting of their choice.A bench comprising Justices DY Chandrachud and Vikram Nath summarized the principles relating to transfer and postings in the judgment delivered on March 10 in the case SK Naushad Rahman and others vs Union of India as follows :First and foremost, transfer...

A Thorough Look Into The Various Facets Of Cheating

Chapter 17 of the Indian Penal Code (IPC) titled as offences against property ( sections 415 to 420) deals with provisions relating to cheating. Section 415 of the I.P.C is the definition of cheating; the general punishment for which is contained in section 417 of the I.P.C. Section 416 of the I.P.C. defines what cheatingIndian Penal Code (IPC) by personation is. Aggravated forms of cheating are punishable under sections 418, 419 and...

The Dilemma Over Interpretation Of Section 102 Of Code Of Criminal Procedure, 1973

It has been often observed that the ambiguous text of provisions causes abuse and misuse of investigation powers by police officers often leading to harsh ramifications for ostensible innocent parties as well as accused persons. One of such provisions is Clause (1) of Section 102, Code of Criminal Procedure, 1973 (hereinafter "CrPC"), wherein police officers are empowered to freeze the bank accounts of a person. However, the issue that surrounds the interpretation of Section 102(1) is the...

Who Are The Mercenaries In A War?

Every information that comes out of Russian invasion of Ukraine is breaking news. After 16,000 foreign fighters/ mercenaries volunteered to defend Ukraine on President Zelensky's call, Russia responded by stating that, if caught the mercenaries will not be treated as prisoners of war but as war criminals, under international law. The U.S. Department of Defense has reported that Russia is apparently recruiting Syrian mercenaries to fight in Ukraine. After all this information, one begs...

Will The Ukraine Civilian Combatants Be Protected Under International Law?

The international law of armed conflict has always distinguished between civilians and the military. Two days after Putin announced his "special military operations", media reports show that several Ukrainian citizens are taking uparms to defend their home. Once the situation escalated and Russians forces were closing in on Kyiv, the Ukrainian Government called out tocivilians to defend Ukraine. It has been reported that 18000 rifles had been distributed to the civilian volunteers by 25...

Insolvency Law In Review – November & December 2021

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this...

Bill to repeal four Labour Codes introduced in Rajya Sabha

On February 4th, 2022, a Private Member Bill was introduced in Rajya Sabha, by CPI(M) leader Elamaram Kareem to repeal the four new Labour Codes being opposed by Trade Union Leaders and Labour law scholars alike. Normally introduced as a mark of protest, Private Member Bills are floated by MPs who are not Ministers (Bills by Ministers are called government bills) and can be introduced...