India Columns

Analysis of Section 6(2) of the Central Sales Tax Act, 1956

Date: Apr 27, 2020

An Analysis of Section 6(2) of the Central Sales Tax Act, 1956: Exemption for Subsequent Inter-State Sales Introduction The Central Sales Tax Act, 1956 (hereinafter referred to as "CST Act") was...

Alienation of Immovable Property under Section 36 of the Bombay Public Trusts Act, 1950: A Critical Analysis

Date: Apr 26, 2020

Alienation of Immovable Property under Section 36 of the Bombay Public Trusts Act, 1950: A Critical Analysis Introduction Section 36 of the Bombay Public Trusts Act, 1950 (“BPTA” or “the Act”)...

Abolition of the Watan System in India: Legislative Framework and Judicial Response

Date: Apr 16, 2020

Abolition of the Watan System in India: Legislative Framework and Judicial Response Introduction The watan system, a mosaic of hereditary village offices and inalienable land tenures prevailing in...

Non-Rotational Directors in Indian Company Law

Date: Mar 20, 2020

The Legal Regime of Non-Rotational Directors in Indian Company Law: An Analytical Study Introduction The governance framework of companies in India, primarily delineated by the Companies Act, 2013...

Non-Statutory Contracts under Indian Law: Constitutional Dimensions and Judicial Trends

Date: Mar 18, 2020

Non-Statutory Contracts under Indian Law: Constitutional Dimensions and Judicial Trends Introduction Contracts executed by the State or its instrumentalities frequently straddle the divide between...

An Analysis of Legal Principles Governing Short Landed Goods in India

Date: Mar 11, 2020

An Analysis of Legal Principles Governing Short Landed Goods in India Introduction The phenomenon of "short landed goods" – where the quantity of goods unloaded at the port of destination is less...

An Analysis of the Mysore Land Revenue Act, 1964

Date: Mar 9, 2020

The Mysore Land Revenue Act, 1964: A Scholarly Examination of its Framework and Judicial Interpretation Introduction The Mysore Land Revenue Act, 1964 (hereinafter referred to as "the Act" or "the...

Interpreting Words and Phrases in Indian Statutory Law: Principles, Techniques, and Jurisprudence

Date: Feb 19, 2020

Interpreting Words and Phrases in Indian Statutory Law: Principles, Techniques, and Jurisprudence Introduction The construction of statutory language is the fulcrum upon which the Indian legal system...

Article 304 of the Constitution of India: Balancing State Legislative Powers and Freedom of Trade

Date: Feb 19, 2020

Article 304 of the Constitution of India: Balancing State Legislative Powers and Freedom of Trade Introduction Part XIII of the Constitution of India, encompassing Articles 301 to 307, is dedicated...

Analysis of Section 18 of the Land Acquisition Act, 1894

Date: Feb 18, 2020

The Contours of Section 18 of the Land Acquisition Act, 1894: A Judicial Exposition Introduction Section 18 of the Land Acquisition Act, 1894 (hereinafter "LAA 1894") stands as a cornerstone of...

Extraordinary Original Criminal Jurisdiction in India

Date: Feb 10, 2020

The Extraordinary Original Criminal Jurisdiction of High Courts in India: A Scholarly Analysis Introduction The Indian judicial system, hierarchical in its structure, typically vests original...

Analysis of Section 10 of the Trade Unions Act, 1926

Date: Feb 4, 2020

Cancellation of Trade Union Registration under Section 10 of the Trade Unions Act, 1926: A Legal Analysis Introduction The Trade Unions Act, 1926 (hereinafter "the Act") is a seminal piece of...

Section 34 of the SARFAESI Act — Bar of Civil Jurisdiction: Doctrinal Foundations, Judicial Trajectory, and Contemporary Challenges

Date: Jan 24, 2020

Section 34 of the SARFAESI Act — Bar of Civil Jurisdiction: Doctrinal Foundations, Judicial Trajectory, and Contemporary Challenges 1. Introduction Section 34 of the Securitisation and Reconstruction...

Restitution and Section 144 of the Code of Civil Procedure: Jurisprudential and Procedural Perspectives

Date: Jan 10, 2020

Restitution and Section 144 of the Code of Civil Procedure: Jurisprudential and Procedural Perspectives 1. Introduction Section 144 of the Code of Civil Procedure, 1908 (“CPC”) codifies the equitable...

Legal Analysis of Dwelling House Belonging to an Undivided Family in India

Date: Jan 8, 2020

The Dwelling House of an Undivided Family in Indian Law: A Comprehensive Analysis Introduction The concept of a "dwelling house belonging to an undivided family" holds significant socio-legal...

Alienation of Minor's Property in India

Date: Dec 20, 2019

Alienation of Minor's Property in India: A Legal Analysis of Guardian's Powers and Minor's Rights Introduction The law concerning minors is founded upon the principle of protecting their interests,...

Interpleader Suits by Tenants under Indian Law: Scope, Limitations, and Judicial Trends

Date: Dec 18, 2019

Interpleader Suits by Tenants under Indian Law: Scope, Limitations, and Judicial Trends Introduction The device of an interpleader suit enables a neutral stakeholder, facing rival claims to the same...

Analysis of Section 251 of the Rajasthan Tenancy Act, 1955

Date: Dec 13, 2019

An Analysis of Section 251 of the Rajasthan Tenancy Act, 1955: Jurisdiction, Procedure, and Judicial Interpretation Introduction The Rajasthan Tenancy Act, 1955 (hereinafter "RTA, 1955") is a...

Penalty under Section 271(1)(c) of the Income Tax Act, 1961

Date: Dec 13, 2019

An Analytical Study of Penalty Provisions under Section 271(1)(c) of the Income Tax Act, 1961 Introduction Section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") is a...

Unbecoming Conduct of Government Servants in India: A Judicial Exposition

Date: Dec 13, 2019

Unbecoming Conduct of Government Servants in India: A Judicial Exposition Introduction The concept of "conduct unbecoming of a government servant" is a cornerstone of administrative law and service...