India Columns

Analysis of Section 15(2) of the Limitation Act, 1963

Date: Sep 19, 2018

An Analytical Study of Section 15(2) of the Limitation Act, 1963: Exclusion of Time for Statutory Notices and Sanctions Introduction The Limitation Act, 1963 (hereinafter "the Act"), serves as a...

Evolving Jurisprudence under the Bihar Buildings (Lease, Rent & Eviction) Control Acts

Date: Sep 11, 2018

Evolving Jurisprudence under the Bihar Buildings (Lease, Rent & Eviction) Control Acts Introduction The Bihar Buildings (Lease, Rent and Eviction) Control enactments—beginning with the Ordinance of...

The Contours of Civil Revisional Jurisdiction in India

Date: Sep 7, 2018

The Contours of Civil Revisional Jurisdiction in India: An Analysis of Section 115 of the Code of Civil Procedure and its Interplay with Constitutional Remedies Introduction The power of civil...

Analysis of Section 399 CrPC

Date: Sep 5, 2018

An Exposition of Section 399 of the Code of Criminal Procedure, 1973: The Sessions Judge's Power of Revision Introduction The Code of Criminal Procedure, 1973 (CrPC) establishes a comprehensive...

Default in Payment of Rent under Indian Tenancy Laws: A Scholarly Analysis

Date: Aug 28, 2018

An Analysis of Default in Payment of Rent under Indian Tenancy Laws Introduction The relationship between landlords and tenants in India is governed by a complex web of contractual principles and...

Striking Off the Defence of a Tenant in Indian Law

Date: Aug 21, 2018

Striking Off the Defence of a Tenant in Indian Law: Principles, Procedures, and Judicial Discretion Introduction The procedural power vested in Indian courts to strike off a defendant's defence is a...

The Doctrine of Functus Officio in Indian Arbitration Law

Date: Aug 8, 2018

The Doctrine of Functus Officio for Arbitrators under Indian Law Introduction The doctrine of functus officio, a Latin term meaning "task performed," is a fundamental principle in adjudicatory...

Safeguarding Academic Employment: A Critical Analysis of the Haryana Affiliated Colleges (Security of Service) Act, 1979

Date: Aug 7, 2018

Safeguarding Academic Employment: A Critical Analysis of the Haryana Affiliated Colleges (Security of Service) Act, 1979 Introduction The Haryana Affiliated Colleges (Security of Service) Act, 1979...

Confessions of Co-Accused in Indian Criminal Jurisprudence: Evidentiary Value, Statutory Framework, and Judicial Trends

Date: Jul 31, 2018

Confessions of Co-Accused in Indian Criminal Jurisprudence: Evidentiary Value, Statutory Framework, and Judicial Trends Introduction The evidentiary status of a confession made by one accused...

Binding Force of Obiter Dicta under Indian Law

Date: Jul 30, 2018

Binding Force of Obiter Dicta under Indian Law: A Critical Analysis in the Light of Article 141 Introduction The doctrine of precedent, a cornerstone of the common-law tradition adopted in India,...

Section 27 of the Indian Contract Act, 1872: Contemporary Perspectives on Restraint of Trade

Date: Jul 25, 2018

Section 27 of the Indian Contract Act, 1872: Contemporary Perspectives on Restraint of Trade 1. Introduction Section 27 of the Indian Contract Act, 1872 (hereinafter “ICA”) provides that “every...

Analysis of Section 141, Indian Succession Act, 1925

Date: Jul 24, 2018

The Executor's Conditional Entitlement: An Analysis of Section 141 of the Indian Succession Act, 1925 Introduction The Indian Succession Act, 1925 (hereinafter "the Act"), consolidates the law...

The Evidentiary and Procedural Implications of Non-Filing of a Site Plan in Indian Jurisprudence

Date: Jul 13, 2018

The Evidentiary and Procedural Implications of Non-Filing of a Site Plan in Indian Jurisprudence Introduction In the edifice of Indian civil and regulatory law, the site plan serves as a foundational...

The Second Judges Case: A Paradigm Shift in Indian Judicial Appointments

Date: Jul 6, 2018

The Second Judges Case: A Paradigm Shift in Indian Judicial Appointments and the Primacy of the Judiciary Introduction The appointment of judges to the higher judiciary in India has been a subject of...

Public and Private Trusts under Indian Law: Doctrinal Foundations and Jurisprudential Developments

Date: Jul 5, 2018

Public and Private Trusts under Indian Law: Doctrinal Foundations and Jurisprudential Developments 1. Introduction The distinction between public and private trusts is a cornerstone of Indian trust...

Trade Union Recognition in Maharashtra: A Legal Analysis

Date: Jun 25, 2018

The Edifice of Recognition: An Analysis of Trade Union Recognition under Maharashtra Law Introduction The recognition of trade unions is a cornerstone of mature industrial relations, providing a...

The Evolving Jurisprudence of Obscenity: A Critical Analysis of Section 292 of the Indian Penal Code

Date: May 31, 2018

The Evolving Jurisprudence of Obscenity: A Critical Analysis of Section 292 of the Indian Penal Code Introduction Section 292 of the Indian Penal Code, 1860 (IPC) stands as the principal legislative...

The Bengal Public Demands Recovery Act, 1913: A Jurisdictional and Procedural Analysis

Date: May 17, 2018

The Bengal Public Demands Recovery Act, 1913: A Jurisdictional and Procedural Analysis Introduction The Bengal Public Demands Recovery Act, 1913 (hereinafter "the PDR Act" or "the Act") stands as a...

The Status of Passengers as 'Third Parties' under Indian Motor Vehicle Insurance Law

Date: May 2, 2018

The Evolving Definition of 'Third Party' in Motor Vehicle Insurance: A Study of Passenger Rights under Indian Law Introduction The determination of who constitutes a 'third party' for the purposes of...

The Doctrine of Per Incuriam in Indian Jurisprudence: An Analytical Study

Date: Apr 23, 2018

The Doctrine of Per Incuriam in Indian Jurisprudence: An Analytical Study Introduction The doctrine of per incuriam, literally meaning "through lack of care" or "through inadvertence," occupies a...