India Columns

Analysis of Section 70 of the Karnataka Land Revenue Act, 1964

Date: Jan 30, 2023

An Exposition of Section 70 of the Karnataka Land Revenue Act, 1964: Vesting of Mineral Rights, Judicial Interpretations, and the Amendment Controversy Introduction Section 70 of the Karnataka Land...

Fiduciary Duties of Directors under Indian Law: Doctrinal Evolution, Statutory Codification, and Judicial Enforcement

Date: Jan 25, 2023

Fiduciary Duties of Directors under Indian Law: Doctrinal Evolution, Statutory Codification, and Judicial Enforcement 1. Introduction The fiduciary obligations of company directors lie at the...

The Contours of Fiduciary Duty: Judicial Scrutiny of Director Conduct in Indian Corporate Law

Date: Jan 25, 2023

The Contours of Fiduciary Duty: Judicial Scrutiny of Director Conduct in Indian Corporate Law Introduction The director of a company occupies a unique position of trust, acting as a steward of the...

Devolution of Property under Section 8(a) of the Hindu Succession Act, 1956

Date: Jan 25, 2023

Devolution of Property under Section 8(a) of the Hindu Succession Act, 1956: A Comprehensive Analysis Introduction The Hindu Succession Act, 1956 (hereinafter "HSA" or "the Act") marked a watershed...

Authority under the Minimum Wages Act, 1948 in India

Date: Jan 23, 2023

The Multifaceted Authority Under India's Minimum Wages Act, 1948: A Legal Analysis Introduction The Minimum Wages Act, 1948 (hereinafter "the Act") stands as a cornerstone of labour welfare...

The Minimum Wages Act, 1948: A Judicial Exposition

Date: Jan 23, 2023

The Minimum Wages Act, 1948: A Judicial Exposition of its Scope, Objectives, and Constitutional Underpinnings in India 1. Introduction The Minimum Wages Act, 1948 (hereinafter "the Act") stands as a...

Discipline in the Indian Armed Forces

Date: Jan 20, 2023

The Legal Architecture of Discipline in the Indian Armed Forces: A Scholarly Analysis Introduction The edifice of any nation's defence rests upon the unwavering discipline and operational efficiency...

Petition Without Affidavit in Indian Law

Date: Jan 20, 2023

The Imperative of Affidavits in Indian Petitions: A Legal Analysis of Filing Without Due Verification Introduction The edifice of judicial proceedings in India, as in many common law jurisdictions,...

Reassessing Documentary Evidence under Order XIII of the Code of Civil Procedure, 1908: Jurisprudential Developments and Future Trajectories

Date: Jan 19, 2023

Reassessing Documentary Evidence under Order XIII of the Code of Civil Procedure, 1908: Jurisprudential Developments and Future Trajectories 1. Introduction Order XIII of the Code of Civil Procedure,...

False Counter-Affidavits in Indian Litigation: Doctrine, Liability, and Procedural Safeguards

Date: Jan 18, 2023

False Counter-Affidavits in Indian Litigation: Doctrine, Liability, and Procedural Safeguards Introduction Affidavits and counter-affidavits constitute the evidentiary backbone of writ and civil...

Constructive Res Judicata in Indian Jurisprudence: A Critical Appraisal

Date: Jan 17, 2023

Constructive Res Judicata in Indian Jurisprudence: A Critical Appraisal Introduction The doctrine of res judicata, literally “a thing adjudged,” prevents re-litigation of matters that have already...

Appealability of Orders under Section 151 CPC

Date: Jan 17, 2023

Navigating the Labyrinth: Appealability of Orders under Section 151 of the Code of Civil Procedure, 1908 in India Introduction Section 151 of the Code of Civil Procedure, 1908 (CPC) preserves the...

Inherent Powers under Section 151 of the Code of Civil Procedure: Scope, Limits, and Jurisprudential Evolution

Date: Jan 17, 2023

Inherent Powers under Section 151 of the Code of Civil Procedure: Scope, Limits, and Jurisprudential Evolution 1. Introduction Section 151 of the Code of Civil Procedure, 1908 (“CPC”) declares that...

Bill of Exchange Payable on Demand in Indian Law

Date: Jan 17, 2023

The Ambit of 'Bill of Exchange Payable on Demand' under Indian Law: A Definitional and Fiscal Analysis Introduction The bill of exchange is a cornerstone of commercial transactions, facilitating...

Analysis of Penalties under Section 138 NI Act: "Double the Amount of Cheque"

Date: Jan 16, 2023

The Legal Framework and Judicial Application of Penalties under Section 138 of the Negotiable Instruments Act, 1881: An Analysis of Fines Extending to "Double the Amount of Cheque" in India...

Occupancy Tenancy in Punjab

Date: Jan 16, 2023

The Evolution and Extinguishment of Occupancy Tenancy in Punjab: A Legal Analysis Introduction Occupancy tenancy in Punjab represented a significant feature of the agrarian landscape, affording...

The Kerala Ecologically Fragile Land Act 2003: Legislative Design, Judicial Trends, and Future Directions

Date: Jan 16, 2023

The Kerala Ecologically Fragile Land Act 2003: Legislative Design, Judicial Trends, and Future Directions Introduction The Western Ghats—recognised internationally as a biodiversity...

Section 3-C of the National Highways Act, 1956: Scope, Procedure, and Judicial Scrutiny

Date: Jan 12, 2023

Section 3-C of the National Highways Act, 1956: Scope, Procedure, and Judicial Scrutiny 1. Introduction Section 3-C of the National Highways Act, 1956 (“NHA”), introduced by the 1997 amending Act,...

“Unsoundness of Mind” in Indian Jurisprudence: Doctrinal Evolution and Contemporary Challenges

Date: Jan 12, 2023

“Unsoundness of Mind” in Indian Jurisprudence: Doctrinal Evolution and Contemporary Challenges 1. Introduction The plea of “unsoundness of mind” straddles multiple branches of Indian law—criminal,...

Optional Registration under Section 18 of the Registration Act, 1908: Doctrine, Jurisprudence, and Contemporary Relevance

Date: Jan 11, 2023

Optional Registration under Section 18 of the Registration Act, 1908: Doctrine, Jurisprudence, and Contemporary Relevance Introduction The Indian Registration Act, 1908 (“the Act”) establishes an...

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