India Columns

The Law of Dissolution of Municipal Councils in India: A Comprehensive Analysis

Date: May 10, 2022

The Law of Dissolution of Municipal Councils in India: A Comprehensive Analysis Introduction The framework of local self-government in India, particularly for urban areas, was significantly fortified...

Entries in Books of Account under Section 34 of the Indian Evidence Act 1872: Contemporary Judicial Approaches

Date: Apr 27, 2022

Entries in Books of Account under Section 34 of the Indian Evidence Act 1872: Contemporary Judicial Approaches 1. Introduction Section 34 of the Indian Evidence Act 1872 (“Evidence Act”) renders...

Section 496 IPC: Fraudulent Marriage Ceremonies

Date: Apr 26, 2022

An Analysis of Section 496 of the Indian Penal Code, 1860: The Offence of Fraudulent Marriage Ceremonies Introduction The Indian Penal Code, 1860 (IPC) encompasses a range of offences relating to...

Mizo Customary Law: Contemporary Judicial Approaches and Constitutional Interface

Date: Apr 26, 2022

Mizo Customary Law: Contemporary Judicial Approaches and Constitutional Interface Introduction Mizoram’s legal landscape is distinctive within India owing to the continued vitality of Mizo customary...

The Jurisprudence of Notice Requirements under Indian Rent Control Legislations

Date: Apr 26, 2022

The Jurisprudence of Notice Requirements under Indian Rent Control Legislations: Reconciling Statutory Notices with Section 106 of the Transfer of Property Act Introduction The giving of notice...

Free Transferability of Shares in Indian Public Companies: Statutory Doctrine and Judicial Supervision

Date: Apr 25, 2022

Free Transferability of Shares in Indian Public Companies: Statutory Doctrine and Judicial Supervision Introduction The principle that shares in a public company are freely transferable lies at the...

Corporate Offences under Section 32 of the Industrial Disputes Act, 1947: Scope, Vicarious Liability and Procedural Contours

Date: Apr 22, 2022

Corporate Offences under Section 32 of the Industrial Disputes Act, 1947: Scope, Vicarious Liability and Procedural Contours Introduction Section 32 of the Industrial Disputes Act, 1947 (hereinafter...

Section 47 of the Land Acquisition Act, 1894

Date: Apr 19, 2022

An Analysis of Section 47 of the Land Acquisition Act, 1894: Enforcing the Surrender of Possession Introduction The Land Acquisition Act, 1894 (hereinafter "LAA 1894"), now largely repealed and...

False Affidavits in Indian Courts

Date: Apr 18, 2022

The Pernicious Practice of False Affidavits in Indian Courts: Legal Framework, Judicial Condemnation, and Consequences Introduction An affidavit is a sworn written statement, affirmed or declared...

Living in Adultery and Spousal Maintenance in India

Date: Apr 12, 2022

Judicial Interpretation of "Living in Adultery" as a Bar to Spousal Maintenance under Section 125(4) CrPC in India Introduction Section 125 of the Code of Criminal Procedure, 1973 (CrPC) stands as a...

Analysis of the Bihar State Management of Estates and Tenures Act, 1949

Date: Apr 7, 2022

A Scholarly Analysis of the Bihar State Management of Estates and Tenures Act, 1949 Introduction The Bihar State Management of Estates and Tenures Act, 1949 (Bihar Act XXI of 1949)[1], hereinafter...

Judicial Fact-Finding Under Section 165 of the Indian Evidence Act: Scope, Limits, and Contemporary Jurisprudence

Date: Apr 6, 2022

Judicial Fact-Finding Under Section 165 of the Indian Evidence Act: Scope, Limits, and Contemporary Jurisprudence 1. Introduction Section 165 of the Indian Evidence Act, 1872 (hereinafter “IEA”)...

An Analysis of Section 281 of the Income Tax Act, 1961: Certain Transfers to be Void

Date: Apr 5, 2022

An Analysis of Section 281 of the Income Tax Act, 1961: Certain Transfers to be Void Introduction Section 281 of the Income Tax Act, 1961 (hereinafter "the Act") is a critical provision designed to...

Analysis of Rule 26 of CCS (Pension) Rules, 1972

Date: Apr 2, 2022

Forfeiture of Service on Resignation: A Critical Analysis of Rule 26 of the CCS (Pension) Rules, 1972 Introduction Rule 26 of the Central Civil Services (Pension) Rules, 1972 ("CCS Pension Rules")...

Indian Wireless Telegraphy Rules: Jurisprudential and Regulatory Analysis

Date: Mar 24, 2022

Indian Wireless Telegraphy Rules: Jurisprudential and Regulatory Analysis 1. Introduction Wireless communication lies at the heart of modern connectivity, yet the primary legal instruments governing...

The Office of the Prothonotary and Senior Master in Indian High Courts: A Juridical Analysis

Date: Mar 23, 2022

The Office of the Prothonotary and Senior Master in Indian High Courts: A Juridical Analysis of Functions, Powers, and Judicial Oversight Introduction The Prothonotary and Senior Master (P&SM) is a...

Principles of Judicial Discipline in India

Date: Mar 21, 2022

The Cornerstone of Justice: An Exposition on Judicial Discipline in the Indian Legal System Introduction Judicial discipline forms the bedrock of a robust, credible, and efficacious justice delivery...

Validity of Bid Security in Indian Law

Date: Mar 21, 2022

The Validity and Enforceability of Bid Security in Indian Public Procurement: A Legal Analysis Introduction Bid security is a cornerstone of public procurement processes in India, serving as a...

The Law of Security Deposits in Indian Public Tenders

Date: Mar 21, 2022

Forfeiture and Fairness: An Analysis of Security Deposit Jurisprudence in Indian Tender Law I. Introduction In the architecture of public procurement in India, the mechanism of security deposits,...

Non-Joinder of the Government as a Necessary Party: Procedural Imperatives and Jurisprudential Trends

Date: Mar 18, 2022

Non-Joinder of the Government as a Necessary Party: Procedural Imperatives and Jurisprudential Trends in Indian Civil Litigation 1. Introduction The question whether a suit or writ petition can...