A financial crisis is often followed by a rise in financial crimes. A crisis, such as the one we now face, not only presents an opportunity (and greater motivation) for all sorts of financial shenanigans but also lays bare – the true financial position of a lot of corporations.
A slightly abridged version of this first published at Bar and Bench – https://www.barandbench.com/columns/return-of-the-debtors-paradise-a-case-against-decriminalisation-of-section-138-of-the-ni-act Creditor, n. From the Latin for “believer”; someone who lent money to a borrower and believes the loan will be repaid in full. That belief turns out to be true – most of the time (Devil’s Financial Dictionary – Jason Zweig) Let’s face it: […]
Why an A to Z list of law/legal concepts/judgments etc.? As somebody wise said: A rear-view mirror is the best kind of crystal ball. Sometimes ‘looking back’ is ‘looking ahead’. Our choices and the effects we produce have their causes in the past; and, before this post degenerates into philosophical humdrum about interpretation of history […]
“If I want to deprive you of your watch, I shall certainly have to fight for it; if I want to buy your watch, I shall have to pay for it; and if I want a gift, I shall have to plead for it; and, according to the means I employ, the watch is stolen […]
“Don’t Tell Me the Moon Is Shining; Show Me the Glint of Light on Broken Glass” Anton Chekhov It is easy to preach what you don’t have to practice yourself. This is precisely what I would be accused of doing, given the fact that I no longer serve as a judge myself and consequently don’t […]
In this column, I try and explain the basics of the Indian Extradition Law. A law that often proves to be as elusive as the very fugitive that it seeks to deal with. I’ve tried to unpack the fundamental principles of extradition law, extradition treaties and the broad process; I also briefly flag the common defenses available to an extradition request.
An interesting guest post by the very talented Shreyash Sharma (4th Year, National Law University Odisha) & Gultash Guron (Final Year, Campus Law Centre Delhi) where they examine a rather vexed question relating to the scope of the protection against self incrimination in the context of phone passcodes (face scans, finger prints) and the fundamental right to privacy.
A brief overview of the law of bail, considerations for grant of bail, conditions that may be imposed while granting bail; guidelines governing exercise of discretion by the court; practice, and procedure; cases in which bail can be sought as a matter of right; and some of the more nuanced issues relating to the law […]
The Indian Government’s crackdown on black money continues unabated and a spate of prosecutions have been launched in the recent times under the Prevention of Money Laundering Act, 2002. This article is an attempt to demystify the law relating to money laundering in India and provide a brief overview of its scheme and operation.
Here’s a poem I wrote some years back on how retribution, penal populism and moral outrage are the prime features of our juvenile justice policy. This is largely inspired from a series of encounters with many of these children, during my stint as a Magistrate. Nobody taught me to speak-therefore, I can’t mince words, I […]