India Columns

Article 345 of the Constitution of India: State Official Languages

Date: Dec 12, 2019

Article 345 of the Constitution of India: A Scholarly Analysis of State Official Language Provisions Introduction The Constitution of India, in Part XVII, meticulously outlines the provisions...

The Doctrine of Mitigation of Damages in Indian Law: Principles and Application

Date: Dec 9, 2019

The Doctrine of Mitigation of Damages in Indian Law: Principles and Application Introduction The doctrine of mitigation of damages, a cornerstone of contract and tort law, posits that a party who has...

Transfer of Mortgaged Property in Indian Law: Doctrinal Nuances and Judicial Trends

Date: Dec 4, 2019

Transfer of Mortgaged Property in Indian Law: Doctrinal Nuances and Judicial Trends Introduction The phenomenon of mortgaged property transferred—whether by the mortgagor, the mortgagee, or by...

“Pronouncement in Open Court” and the Validity of Judgments Not So Delivered

Date: Nov 29, 2019

“Pronouncement in Open Court” and the Validity of Judgments Not So Delivered Introduction The maxim that “justice must not only be done but must manifestly be seen to be done” finds concrete...

Composition of Arbitral Tribunals in India

Date: Nov 26, 2019

The Evolving Jurisprudence on the Composition of Arbitral Tribunals in India Introduction The composition of an arbitral tribunal is a foundational element of the arbitration process, significantly...

Notices under Section 106 of the Transfer of Property Act, 1882: Jurisprudence, Procedure, and Contemporary Challenges

Date: Nov 18, 2019

Notices under Section 106 of the Transfer of Property Act, 1882: Jurisprudence, Procedure, and Contemporary Challenges 1. Introduction Section 106 of the Transfer of Property Act, 1882 (“TPA”)...

Unraveling Section 28 of the Hindu Marriage Act, 1955: Appellate Remedy, Limitation and Jurisdictional Dilemmas

Date: Nov 14, 2019

Unraveling Section 28 of the Hindu Marriage Act, 1955: Appellate Remedy, Limitation and Jurisdictional Dilemmas Introduction Section 28 of the Hindu Marriage Act, 1955 (hereinafter “HMA”) constitutes...

Void Marriages Under Section 11 of the Hindu Marriage Act, 1955: A Comprehensive Analysis

Date: Nov 14, 2019

An Analysis of Void Marriages under Section 11 of the Hindu Marriage Act, 1955 Introduction The Hindu Marriage Act, 1955 (hereinafter "HMA" or "the Act"), marked a significant step in codifying and...

The Juristic God and the Earthly Trespasser: An Analysis of Adverse Possession Against Hindu Idols in Indian Law

Date: Nov 9, 2019

The Juristic God and the Earthly Trespasser: An Analysis of Adverse Possession Against Hindu Idols in Indian Law Introduction The Indian legal system presents a fascinating confluence of temporal law...

Next Friend of Deity in Indian Law

Date: Nov 9, 2019

The Doctrine of "Next Friend" in Indian Jurisprudence: Safeguarding the Interests of Hindu Deities Introduction In the unique tapestry of Indian jurisprudence, a Hindu deity or idol is recognized as...

Appointment Dehors the Rules: Constitutional Imperatives and Jurisprudential Evolution in Indian Public Employment

Date: Oct 30, 2019

Appointment Dehors the Rules: Constitutional Imperatives and Jurisprudential Evolution in Indian Public Employment Introduction “Appointment dehors the rules” – i.e., public employment made without...

The Bombay Prevention of Begging Act, 1959: A Critical Analysis of its Constitutionality and Implementation

Date: Oct 25, 2019

The Bombay Prevention of Begging Act, 1959: A Critical Analysis of its Constitutionality and Implementation Introduction The Bombay Prevention of Begging Act, 1959 (hereinafter 'the Act'), enacted to...

Conferment of Jurisdiction by Agreement in Indian Law

Date: Oct 22, 2019

The Conferment of Jurisdiction by Agreement in Indian Law: Principles and Limitations Introduction The concept of jurisdiction is fundamental to the administration of justice, denoting the authority...

Transfer of Promissory Notes in Indian Law

Date: Oct 18, 2019

The Transfer of Promissory Notes in Indian Law: Mechanisms, Rights, and Judicial Interpretations Introduction A promissory note, as defined under Section 4 of the Negotiable Instruments Act, 1881...

Analysis of the Andhra Pradesh Excise (Lease of Right to Sell Liquor in Retail) Rules, 1969

Date: Oct 17, 2019

An Analytical Exposition of the Andhra Pradesh Excise (Lease of Right to Sell Liquor in Retail) Rules, 1969 I. Introduction The Andhra Pradesh Excise (Lease of Right to Sell Liquor in Retail) Rules,...

Analysis of Section 33-C(2) of the Industrial Disputes Act, 1947

Date: Oct 15, 2019

The Scope and Application of Section 33-C(2) of the Industrial Disputes Act, 1947: A Judicial Analysis Introduction Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter "ID Act")...

The Role of Conciliation in Indian Industrial Jurisprudence

Date: Oct 15, 2019

The Pivotal Role of Conciliation in Indian Industrial Jurisprudence: An Analysis of Settlement, Finality, and Judicial Scrutiny I. Introduction: The Statutory Mandate for Industrial Peace The...

Appellate Jurisdiction under the Hindu Marriage Act, 1955: Doctrinal and Procedural Perspectives

Date: Oct 4, 2019

Appellate Jurisdiction under the Hindu Marriage Act, 1955: Doctrinal and Procedural Perspectives Introduction The Hindu Marriage Act, 1955 (hereinafter “HMA”) confers substantive matrimonial rights...

Analysis of Section 47 of the Persons with Disabilities Act, 1995

Date: Sep 27, 2019

An Exposition of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995: Judicial Contours of Non-Discrimination in Employment in...

Beneficial Interest in Shares under Indian Law

Date: Sep 27, 2019

Navigating the Nuances of Beneficial Interest in Shares: A Legal Analysis under Indian Law 1. Introduction The concept of 'beneficial interest' in shares represents a cornerstone in corporate...

Previous Next