Law Affairs For The Month Of May 2020

  • On May 1, 2020, the Election Commission of India announced that it is to conduct a biennial election for 9 vacant seats for the members of the Legislative Council of the Maharashtra State Legislature.

  • On May 7, 2020, the Uttar Pradesh Government passed an ordinance to suspend labor laws in the state for three years. The ordinance is being passed to boost industrial investment and also help the migrants who have returned back to the state. Around 7 lakh migrant workers from all over the country have returned back to their state.

  • The Supreme court has upheld the GoI notification dated January 28, 2003 under which the cooperative societies have come under SARFAESI Act. The Apex court has also ruled that the Cooperative Banks have also come under the definition of banks under Banking Regulation Act, 1949. The Court has also ruled that under the Sarfaesi Act, the Parliament has powers to provide procedures for the recovery of loans under the act.

  • The National Green Tribunal recently passed an order regarding the Vizag Gas Tragedy. Under the order, the LG Polymers, where the gas leak occurred was held liable according to the Principle of “Strict Liability” of 19th century English law.

  • Project 39A was conducted by a team of National Law University, Delhi. According to the project, the Indian Courts invoke “Collective Conscience” of the society in most of the death penalty cases. The study chose three states and Union Territories namely Madhya Pradesh, Delhi, and Maharashtra. These states were chosen as they ranked high in awarding capital punishments. The study has found out that around between 2000 and 2015, 72% of cases of Delhi trial courts that awarded death penalty has invoked “Collective Conscience”. In Madhya Pradesh, this was invoked in 42% of death penalty cases and in Maharashtra it was invoked in 51% of death penalty cases. In all these cases, the courts opined that the crime was heinous to shake the “collective conscience” of the society. Thus, the harshest punishment is being sentenced.

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