India Columns

Analysis of Order 41, Rule 19 CPC

Date: Jul 8, 2019

An Analytical Study of Order 41, Rule 19 of the Code of Civil Procedure, 1908: Principles Governing Re-admission of Appeals Introduction The Code of Civil Procedure, 1908 (CPC) provides a...

The Summary Court Martial in India: A Judicial Scrutiny of Power, Procedure, and Proportionality

Date: Jul 7, 2019

The Summary Court Martial in India: A Judicial Scrutiny of Power, Procedure, and Proportionality Introduction The Summary Court Martial (SCM) represents a unique and formidable instrument of military...

Weekly Rest Days in India

Date: Jul 4, 2019

The Legal Framework of Weekly Rest Days in India: A Scholarly Analysis Introduction The concept of a weekly rest day is a cornerstone of labour jurisprudence, reflecting a societal commitment to the...

Analysis of Rule 13(3) of the Foreign Liquor Rules in India

Date: Jul 1, 2019

An Analysis of Rule 13(3) of the Foreign Liquor Rules in India: Judicial Interpretation and Regulatory Framework Introduction The regulation of intoxicating liquors has consistently been a subject of...

Section 271(1)(c) of the Income-tax Act, 1961 — Contemporary Jurisprudence on Penalties for Concealment and Inaccurate Particulars

Date: Jul 1, 2019

Section 271(1)(c) of the Income-tax Act, 1961 — Contemporary Jurisprudence on Penalties for Concealment and Inaccurate Particulars 1. Introduction Section 271(1)(c) of the Income-tax Act, 1961 (“the...

Signature of Other Attesting Witnesses under Indian Law: A Jurisprudential Analysis

Date: Jun 25, 2019

Signature of Other Attesting Witnesses under Indian Law: A Jurisprudential Analysis 1. Introduction The concept of attestation permeates several branches of Indian private law, most prominently...

Analysis of National Industrial Tribunal Awards in India

Date: Jun 24, 2019

The Adjudicatory Framework and Legal Significance of National Industrial Tribunal Awards in India Introduction The Industrial Disputes Act, 1947 (IDA, 1947) establishes a comprehensive framework for...

Section 211 IPC: False Charges and Malicious Prosecution in Indian Law

Date: Jun 19, 2019

An Analytical Examination of Section 211 of the Indian Penal Code: False Charges and the Pursuit of Justice Introduction Section 211 of the Indian Penal Code, 1860 (IPC)[1], stands as a critical...

Section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 – A Jurisprudential Analysis

Date: Jun 11, 2019

Section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 – A Jurisprudential Analysis 1. Introduction Section 8 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960...

The Jurisdiction, Function, and Evolving Jurisprudence of Motor Accidents Claims Tribunals in India

Date: May 28, 2019

The Jurisdiction, Function, and Evolving Jurisprudence of Motor Accidents Claims Tribunals in India Introduction Motor Accidents Claims Tribunals (MACTs) lie at the normative crossroads of tort law,...

Evolving Doctrine of Locus Standi in Indian Public Interest Litigation

Date: May 22, 2019

Evolving Doctrine of Locus Standi in Indian Public Interest Litigation: Judicial Trajectory and Contemporary Challenges Introduction The doctrine of locus standi determines who is entitled to invoke...

Ad Valorem Court Fees in India

Date: May 17, 2019

Ad Valorem Court Fees in India: Principles, Application, and Judicial Interpretation Introduction The system of court fees in India, a critical component of the administration of justice, serves...

The Doctrine of Constructive Res Judicata in Indian Law

Date: May 9, 2019

The Doctrine of Constructive Res Judicata in Indian Law: A Comprehensive Analysis of Judicial Finality and Abuse of Process I. Introduction The principle of res judicata, or "a matter judged," is a...

The Doctrine of Certainty in Indian Contract Law: An Analysis of Section 29

Date: May 6, 2019

The Doctrine of Certainty in Indian Contract Law: An Analysis of Section 29 of the Indian Contract Act, 1872 Introduction The Indian Contract Act, 1872 ("the Act"), serves as the bedrock of contract...

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959: Constitutional Significance and Judicial Interpretation

Date: Apr 29, 2019

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959: Constitutional Significance and Judicial Interpretation Introduction The Employment Exchanges (Compulsory Notification of...

The Jurisprudence of Dearness Allowance and Dearness Pay in Indian Service Law

Date: Apr 12, 2019

The Evolving Jurisprudence of Dearness Allowance and Dearness Pay in Indian Service Law Introduction Dearness Allowance (DA) and its derivative, Dearness Pay (DP), are critical components of the...

Statutory Architecture and Judicial Scrutiny of the Andhra Bank (Officers') Service Regulations, 1982

Date: Mar 15, 2019

Statutory Architecture and Judicial Scrutiny of the Andhra Bank (Officers') Service Regulations, 1982 Introduction The Andhra Bank (Officers') Service Regulations, 1982 (“1982 Regulations”)...

Transposition of Plaintiff as Defendant in Indian Civil Procedure

Date: Mar 6, 2019

Transposition of Plaintiff as Defendant in Indian Civil Procedure: A Judicial Discretion for Complete Adjudication 1. Introduction The architecture of civil litigation in India, governed primarily by...

Analysis of Section 104 of the Code of Civil Procedure, 1908

Date: Feb 28, 2019

Analyzing Section 104 of the Code of Civil Procedure, 1908: The Contours of Appeals from Orders in India Introduction Section 104 of the Code of Civil Procedure, 1908 (CPC) stands as a critical...

Section 73 of the Indian Evidence Act, 1872: Scope, Limits and Contemporary Judicial Trends

Date: Feb 27, 2019

Section 73 of the Indian Evidence Act, 1872: Scope, Limits and Contemporary Judicial Trends Introduction Section 73 of the Indian Evidence Act, 1872 (“Evidence Act”) endows courts with the power to...