India Columns

Analysis of the Sale of Goods Act, 1930

Date: Sep 24, 2019

An Analytical Exposition of the Sale of Goods Act, 1930: Key Principles and Judicial Interpretations in Indian Commercial Law Introduction The Sale of Goods Act, 1930 (hereinafter "SOGA" or "the...

Analysis of Section 15(2) of the Delhi Rent Control Act, 1958

Date: Sep 23, 2019

An In-Depth Analysis of Section 15(2) of the Delhi Rent Control Act, 1958 Introduction The Delhi Rent Control Act, 1958 (hereinafter "DRCA" or "the Act") is a pivotal piece of social welfare...

The Doctrine of Non-Delegation by Trustees in Indian Law

Date: Sep 20, 2019

The Doctrine of Non-Delegation by Trustees in Indian Law: Upholding Fiduciary Integrity Introduction The office of a trustee is one of profound fiduciary responsibility, demanding personal attention...

Inter-Corporate Deposits in India: A Legal and Taxation Analysis

Date: Sep 13, 2019

Inter-Corporate Deposits in India: A Legal and Taxation Analysis Introduction Inter-Corporate Deposits (ICDs) are a significant financial instrument in the Indian corporate sector, representing...

Undue Influence and Duress in Indian Contract Law: A Scholarly Analysis

Date: Sep 11, 2019

Undue Influence and Duress in Indian Contract Law: A Scholarly Analysis Introduction The edifice of contract law rests upon the foundational principle of free consent. Where consent to an agreement...

Analysis of Order 18 Rule 2(4) CPC

Date: Sep 11, 2019

The Evolving Scope of Judicial Discretion: An Analysis of Order 18 Rule 2(4) of the Code of Civil Procedure, 1908 and the Invocation of Inherent Powers Introduction Order 18 of the Code of Civil...

Re-Evaluating Undue Influence and Unconscionable Bargains under Indian Contract Law

Date: Sep 11, 2019

Re-Evaluating Undue Influence and Unconscionable Bargains under Indian Contract Law Introduction Indian contract jurisprudence has long grappled with the twin doctrines of undue influence and the...

Invoking Article 227 of the Indian Constitution

Date: Sep 3, 2019

Invoking Article 227 of the Indian Constitution: Scope, Thresholds, and Jurisprudential Trends Introduction Article 227 of the Constitution of India vests every High Court with “superintendence over...

Individual Dispute vs. Industrial Dispute in Indian Labour Law

Date: Aug 30, 2019

The Dichotomy of Disputes: Navigating Individual and Industrial Disputes under Indian Labour Jurisprudence Introduction The landscape of Indian labour law is significantly shaped by the distinction...

Analysis of 'Industry' under Section 2(j) of the Industrial Disputes Act, 1947

Date: Aug 30, 2019

The Evolving Jurisprudence of 'Industry' under Section 2(j) of the Industrial Disputes Act, 1947 Introduction The definition of 'industry' encapsulated in Section 2(j) of the Industrial Disputes Act,...

The Dissolution of Trade Unions in India: A Legal and Procedural Analysis

Date: Aug 30, 2019

The Dissolution of Trade Unions in India: A Legal and Procedural Analysis Introduction A registered trade union in India is conferred with the status of a body corporate under Section 13 of the Trade...

Forging the Judicial Record: A Doctrinal and Jurisprudential Analysis of Section 466 IPC

Date: Aug 22, 2019

Forging the Judicial Record: A Doctrinal and Jurisprudential Analysis of Section 466 of the Indian Penal Code 1 – Introduction Section 466 of the Indian Penal Code, 1860 (“IPC”) criminalises the...

Non-Consummation of Marriage under Indian Law: Statutory Framework, Judicial Trends, and Evidentiary Complexities

Date: Aug 21, 2019

Non-Consummation of Marriage under Indian Law: Statutory Framework, Judicial Trends, and Evidentiary Complexities 1. Introduction Non-consummation of marriage occupies a distinctive—yet doctrinally...

The Del Credere Agent in Indian Law: A Juridical Analysis

Date: Aug 20, 2019

The Del Credere Agent in Indian Law: A Juridical Analysis Introduction The institution of agency is foundational to commerce, facilitating transactions where a principal acts through an intermediary....

The Bankers' Books Evidence Act, 1891: An Analytical Study of its Evidentiary Regime in India

Date: Aug 20, 2019

The Bankers' Books Evidence Act, 1891: An Analytical Study of its Evidentiary Regime in India Introduction The Bankers' Books Evidence Act, 1891 (hereinafter "BBEA" or "the Act") is a significant...

Bogus Share Capital under Indian Income-Tax Law: Judicial Trajectories, Statutory Nuances, and Policy Implications

Date: Aug 19, 2019

Bogus Share Capital under Indian Income-Tax Law: Judicial Trajectories, Statutory Nuances, and Policy Implications 1. Introduction The phenomenon of “bogus share capital” describes the practice...

Analysis of the Hindu Married Women's Right to Separate Residence and Maintenance Act, 1946

Date: Aug 6, 2019

An Analysis of the Hindu Married Women's Right to Separate Residence and Maintenance Act, 1946: Legislative Intent, Judicial Interpretation, and Enduring Legacy Introduction The Hindu Married Women's...

Analysis of Order 18 Rule 1 CPC

Date: Jul 25, 2019

The Right to Begin: An Analysis of Order 18 Rule 1 of the Code of Civil Procedure, 1908 in Indian Civil Litigation Introduction The Code of Civil Procedure, 1908 (CPC) meticulously lays down the...

The Constitutional (Forty-Second) Amendment Act, 1976: Scope, Judicial Response, and Enduring Legacy

Date: Jul 16, 2019

The Constitutional (Forty-Second) Amendment Act, 1976: Scope, Judicial Response, and Enduring Legacy 1. Introduction Popularly styled the “Mini-Constitution,” the Constitutional (Forty-Second)...

Setting Aside Ex Parte Orders in Indian Civil Procedure

Date: Jul 8, 2019

An Analytical Study of the Principles Governing the Setting Aside of Ex Parte Orders in India Introduction The edifice of the Indian judicial system is built upon the foundational principles of...