India Columns

Victim’s Right to Appeal under Section 372 CrPC: Jurisprudential Trajectory and Contemporary Position

Date: Jan 28, 2025

Victim’s Right to Appeal under Section 372 CrPC: Jurisprudential Trajectory and Contemporary Position 1. Introduction The Criminal Procedure Code, 1973 (CrPC) traditionally cast the State as the...

Victim’s Right of Appeal: Critical Appraisal of the 2009 Amendment to Section 372 Cr.P.C.

Date: Jan 28, 2025

Victim’s Right of Appeal: Critical Appraisal of the 2009 Amendment to Section 372 of the Code of Criminal Procedure, 1973 1. Introduction The insertion of a proviso to Section 372 of the Code of...

Duties of a Public Prosecutor in India: Jurisprudential Evolution and Contemporary Challenges

Date: Jan 28, 2025

Duties of a Public Prosecutor in India: Jurisprudential Evolution and Contemporary Challenges 1. Introduction The office of the Public Prosecutor (PP) occupies a pivotal position in the Indian...

The Suit of Pre-emption in Indian Law

Date: Jan 28, 2025

The Evolving Jurisprudence of Pre-emption Suits in India: A Scholarly Analysis Introduction The right of pre-emption, known in Arabic as Shufaa, is a legal concept with deep historical roots in...

Section 54 of the Indian Evidence Act, 1872: Admissibility of Bad Character and Previous Convictions

Date: Jan 28, 2025

Section 54 of the Indian Evidence Act, 1872: Admissibility of Bad Character and Previous Convictions Introduction Section 54 of the Indian Evidence Act, 1872 (hereinafter "the Act"), occupies a...

Provisional Attachment under Section 281B of the Income Tax Act, 1961: A Judicial Analysis

Date: Jan 27, 2025

Provisional Attachment under Section 281B of the Income Tax Act, 1961: A Judicial Analysis Introduction Section 281B of the Income Tax Act, 1961 (hereinafter "the Act") empowers the Assessing Officer...

Executability of Compromise Decrees in Indian Law: Doctrine, Statutory Framework and Jurisprudential Evolution

Date: Jan 27, 2025

Executability of Compromise Decrees in Indian Law: Doctrine, Statutory Framework and Jurisprudential Evolution 1. Introduction Compromise decrees occupy a paradoxical space in Indian civil procedure:...

Analysis of Section 27 of the Indian Evidence Act, 1872

Date: Jan 27, 2025

The Doctrine of Confirmation by Subsequent Fact: A Critical Analysis of Section 27 of the Indian Evidence Act, 1872 Introduction Section 27 of the Indian Evidence Act, 1872, stands as a crucial,...

Legal Analysis of Accounts Declared NPA in India

Date: Jan 27, 2025

Navigating the Labyrinth: A Legal Analysis of Accounts Declared Non-Performing Assets (NPAs) in India I. Introduction A Non-Performing Asset (NPA) signifies a loan or advance for which the principal...

Executability of Compromise Decrees under Indian Civil Procedure

Date: Jan 27, 2025

Executability of Compromise Decrees under Indian Civil Procedure: Doctrinal Foundations and Judicial Trends Introduction Compromise decrees—commonly referred to as consent or compromise...

The Jurisprudence of Mutual Consent: An Analysis of Section 13-B of the Hindu Marriage Act, 1955

Date: Jan 27, 2025

The Jurisprudence of Mutual Consent: An Analysis of Section 13-B of the Hindu Marriage Act, 1955 I. Introduction The enactment of Section 13-B of the Hindu Marriage Act, 1955 (hereinafter "the Act"),...

The Role and Efficacy of Dispute Adjudication Boards in Indian Law

Date: Jan 26, 2025

The Evolving Landscape of Dispute Adjudication Boards in Indian Law: A Scholarly Analysis Introduction Dispute Adjudication Boards (DABs), also referred to as Dispute Review Boards (DRBs) or Dispute...

Successive Bail Applications in India

Date: Jan 24, 2025

The Law of Successive Bail Applications in India: Principles, Precedents, and Procedural Propriety Introduction The grant of bail is a cornerstone of the criminal justice system in India, seeking to...

An Analysis of Criminal Trespass under Section 441 of the Indian Penal Code

Date: Jan 24, 2025

An Analysis of Criminal Trespass under Section 441 of the Indian Penal Code, 1860 Introduction The offence of criminal trespass, as defined under Section 441 of the Indian Penal Code, 1860 (IPC),...

Liability and Compensation for Accidents Involving Stationary Motor Vehicles in India

Date: Jan 24, 2025

Liability and Compensation for Accidents Involving Stationary Motor Vehicles in India I. Introduction Accidents caused by impact with stationary motor vehicles, though less dramatic than high-speed...

Forged Power of Attorney in India

Date: Jan 24, 2025

Forged Power of Attorney in India: Legal Ramifications, Evidentiary Hurdles, and Judicial Precedents Introduction A Power of Attorney (PoA) is a significant legal instrument that enables an...

An Analysis of Order 18 Rule 3A of the Code of Civil Procedure, 1908

Date: Jan 24, 2025

The Procedural Mandate of Order 18 Rule 3A CPC: A Judicial Exposition on the Order of Examination Introduction The Code of Civil Procedure, 1908 (CPC) is the bedrock of procedural law governing civil...

Quashing of Summoning Orders in India

Date: Jan 24, 2025

The Judicial Power to Quash Summoning Orders in India: A Scholarly Analysis Introduction The issuance of a summoning order by a Magistrate marks a critical juncture in criminal proceedings, formally...

Onerous Bail Conditions and the Indian Criminal Justice System

Date: Jan 24, 2025

Onerous Bail Conditions and the Indian Criminal Justice System: Constitutional and Jurisprudential Limits 1. Introduction The principle that “bail is the rule and jail the exception” has long...

Direct Management of Wakf: Statutory Framework and Judicial Perspectives

Date: Jan 24, 2025

Direct Management of Wakf: Statutory Framework and Judicial Perspectives Introduction The institution of wakf occupies a unique position in Indian law, intertwining religious devotion, charitable...