India Columns

Revisiting the Grant of Temporary Injunctions in Indian Jurisprudence: Principles, Precedents, and Contemporary Developments

Date: Mar 11, 2025

Revisiting the Grant of Temporary Injunctions in Indian Jurisprudence: Principles, Precedents, and Contemporary Developments Introduction Temporary injunctions constitute one of the most potent...

Analysis of Sections 498A and 306 of the Indian Penal Code

Date: Mar 11, 2025

Navigating the Labyrinth: An Analysis of Section 498A and Section 306 of the Indian Penal Code in Indian Jurisprudence Introduction The Indian Penal Code, 1860 (IPC) contains provisions aimed at...

Analysis of Section 360 CrPC

Date: Mar 11, 2025

An Analytical Study of Section 360 of the Code of Criminal Procedure, 1973: Probationary Relief in Indian Criminal Jurisprudence Introduction The Code of Criminal Procedure, 1973 (CrPC) incorporates...

Ubi Jus Ibi Remedium: The Enduring Principle of Remedy in Indian Jurisprudence

Date: Mar 10, 2025

Ubi Jus Ibi Remedium: The Enduring Principle of Remedy in Indian Jurisprudence Introduction The Latin maxim ubi jus ibi remedium, which translates to "where there is a right, there is a remedy,"...

Removal of Unauthorized Constructions in India – Statutory Framework, Judicial Trends, and Emerging Directions

Date: Mar 10, 2025

Removal of Unauthorized Constructions in India: Statutory Framework, Judicial Trends, and Emerging Directions Introduction Unregulated urban expansion and the proliferation of constructions raised in...

Judicially Raised Issues in Indian Civil Procedure: Scope, Limits and Implications

Date: Mar 10, 2025

Judicially Raised Issues in Indian Civil Procedure: Scope, Limits and Implications Introduction In Indian civil adjudication the controversy between parties is expected to be circumscribed by their...

Section 103 CPC: Scope and Limitations of Factual Determination in Second Appeals

Date: Mar 10, 2025

Section 103 CPC: Scope and Limitations of Factual Determination in Second Appeals Abstract Section 103 of the Code of Civil Procedure, 1908 (“CPC”) demarcates a narrow window through which a High...

An Analysis of Section 267 of the Code of Criminal Procedure, 1973: Power to Require Attendance of Prisoners

Date: Mar 10, 2025

An Analysis of Section 267 of the Code of Criminal Procedure, 1973: Power to Require Attendance of Prisoners Introduction Section 267 of the Code of Criminal Procedure, 1973 (Cr.P.C.) empowers...

Analysis of Section 49(3) FEMA, 1999

Date: Mar 10, 2025

The Sunset Over FERA: An Analysis of Section 49(3) of the Foreign Exchange Management Act, 1999 Introduction The enactment of the Foreign Exchange Management Act, 1999 (FEMA) marked a paradigm shift...

“Application of Mind” in Prosecution Sanctions: Indian Judicial Standards and Emerging Trends

Date: Mar 10, 2025

“Application of Mind” in Prosecution Sanctions: Indian Judicial Standards and Emerging Trends 1. Introduction Prior sanction for prosecuting public servants under the Prevention of Corruption Act,...

The Constitutional Imperative of Speedy Trial in India

Date: Mar 10, 2025

The Constitutional Imperative of Speedy Trial in India: Evolution, Jurisprudence and Future Trajectory Introduction The right of an accused to be tried without undue delay is now firmly entrenched in...

Local Commissioner Reports under Indian Civil Procedure: Statutory Framework, Evidentiary Value and Judicial Control

Date: Mar 9, 2025

Local Commissioner Reports under Indian Civil Procedure: Statutory Framework, Evidentiary Value and Judicial Control Introduction The appointment of a local commissioner—more commonly styled an...

Analysis of Section 66 of the Information Technology Act, 2000

Date: Mar 7, 2025

An Analysis of Section 66 of the Information Technology Act, 2000: Mens Rea, Scope, and Interplay with General Penal Law Introduction The Information Technology Act, 2000 (hereinafter "IT Act") was...

An Analytical Study of the Management of Recognised Non-Government Institutions (Aided and Unaided) Rules, 1969

Date: Mar 7, 2025

An Analytical Study of the Management of Recognised Non-Government Institutions (Aided and Unaided) Rules, 1969 and its Judicial Interpretation in India Introduction The Management of Recognised...

An Analytical Examination of Penetrative Sexual Assault under Indian Law

Date: Mar 7, 2025

An Analytical Examination of Penetrative Sexual Assault under Indian Law Introduction Penetrative sexual assault represents one of the gravest forms of sexual violence, inflicting profound physical...

Agreements to Develop Property in India: A Legal Analysis

Date: Mar 7, 2025

Agreements to Develop Property in India: A Comprehensive Legal Analysis Introduction Agreements for the development of immovable property are a cornerstone of India's burgeoning real estate sector....

Section 31(2) of the Arbitration and Conciliation Act, 1996: Signature Requirements for Multi-Member Arbitral Awards in India

Date: Mar 7, 2025

Section 31(2) of the Arbitration and Conciliation Act, 1996: Signature Requirements for Multi-Member Arbitral Awards in India 1 . Introduction The enforceability of an arbitral award depends not only...

Evidentiary Value of Statements under Section 67 of the NDPS Act

Date: Mar 7, 2025

The Evolving Jurisprudence on the Evidentiary Value of Statements under Section 67 of the NDPS Act, 1985 Introduction Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)...

Issue of Process under Section 204 CrPC

Date: Mar 7, 2025

The Issuance of Process under Section 204 of the Code of Criminal Procedure, 1973: A Comprehensive Judicial Analysis Introduction The issuance of process under Section 204 of the Code of Criminal...

The Non-Enforceability of Development Agreements: A Legal Analysis

Date: Mar 7, 2025

Development Agreements: An Examination of Their Specific Non-Enforceability Under Indian Law Introduction Development agreements, ubiquitous in India's real estate sector, represent a complex...