India Columns

The Motor Vehicles Act, 1988: Contemporary Judicial Interpretations and Emerging Trends

Date: Dec 10, 2024

The Motor Vehicles Act, 1988: Contemporary Judicial Interpretations and Emerging Trends Introduction The Motor Vehicles Act, 1988 (“MVA 1988”) constitutes the principal legislative framework...

Analysis of Section 5 of the Immoral Traffic (Prevention) Act, 1956

Date: Dec 10, 2024

A Juridical Analysis of Section 5 of the Immoral Traffic (Prevention) Act, 1956: Procurement and Exploitation in India Introduction The Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to...

Analysis of Section 104 of the Indian Penal Code

Date: Dec 10, 2024

The Contours of Private Defence of Property: An Analysis of Section 104 of the Indian Penal Code Introduction The right of private defence is a cardinal principle of criminal jurisprudence,...

The “No-Demand-Before-Marriage” Defence in Dowry Litigation: Statutory and Jurisprudential Perspectives

Date: Dec 9, 2024

The “No-Demand-Before-Marriage” Defence in Dowry Litigation: Statutory and Jurisprudential Perspectives 1. Introduction A recurrent argument advanced by accused persons in dowry prosecutions is that,...

Revocation of Power of Attorney in India

Date: Dec 9, 2024

Revocation of Power of Attorney in India: A Legal Analysis I. Introduction A Power of Attorney (PoA) is a formal instrument by which one person, the principal (or donor), confers authority upon...

Legal Necessity and the Validity of Sale Deeds in Indian Jurisprudence

Date: Dec 9, 2024

Legal Necessity and the Validity of Sale Deeds in Indian Jurisprudence Introduction The doctrine of “legal necessity” constitutes a pivotal limitation upon the alienative powers of managers, kartas,...

Re-examining “Hurt” under Section 319 of the Indian Penal Code: Definition, Judicial Interpretation, and Procedural Intersections

Date: Dec 9, 2024

Re-examining “Hurt” under Section 319 of the Indian Penal Code: Definition, Judicial Interpretation, and Procedural Intersections I. Introduction Section 319 of the Indian Penal Code, 1860 (“IPC”)...

Amendment of Pleadings and the 'Change in Nature of Suit' Doctrine in Indian Civil Procedure

Date: Dec 9, 2024

Navigating the Labyrinth: Amendment of Pleadings and the "Change in Nature of Suit" Doctrine in Indian Civil Procedure Introduction The edifice of civil litigation in India rests significantly on the...

An Exposition of Section 143 of the Indian Penal Code: Punishment for Unlawful Assembly

Date: Dec 9, 2024

An Exposition of Section 143 of the Indian Penal Code: Punishment for Unlawful Assembly Introduction Section 143 of the Indian Penal Code, 1860 (IPC) serves as a cornerstone provision for maintaining...

The Plaintiff's Burden of Proof in Indian Law

Date: Dec 8, 2024

The Cardinal Principle of Evidence in India: The Plaintiff Must Prove Their Own Case Introduction The edifice of the adversarial system of justice, as prevalent in India, rests upon fundamental...

The Right to Lead Evidence in Indian Law

Date: Dec 8, 2024

The Right to Lead Evidence in Indian Law: A Procedural Cornerstone of Justice Introduction The right to lead evidence is a fundamental principle underpinning the administration of justice in India....

Defining "Dowry": An Analysis of Section 2 of the Dowry Prohibition Act, 1961

Date: Dec 7, 2024

Defining "Dowry": An Analytical Exposition of Section 2 of the Dowry Prohibition Act, 1961 Introduction The Dowry Prohibition Act, 1961 (hereinafter "the Act" or "DPA") stands as a pivotal piece of...

Fully Convertible Debentures in Indian Law

Date: Dec 6, 2024

Fully Convertible Debentures in Indian Corporate Law: A Comprehensive Analysis Introduction Fully Convertible Debentures (FCDs) represent a significant hybrid financial instrument in the Indian...

Casting Entire Blame upon the Advocate: Judicial Boundaries in Indian Procedural Law

Date: Dec 6, 2024

Casting Entire Blame upon the Advocate: Judicial Boundaries in Indian Procedural Law 1. Introduction Indian courts are frequently confronted with litigants who, faced with adverse procedural orders...

Section 34 of SARFAESI Act: Bar on Civil Court Jurisdiction

Date: Dec 6, 2024

An Exposition of Section 34 of the SARFAESI Act, 2002: The Ouster of Civil Court Jurisdiction in India Introduction The Securitisation and Reconstruction of Financial Assets and Enforcement of...

Allegations of Electricity Theft in India

Date: Dec 6, 2024

Navigating Allegations of Electricity Theft in India: A Legal Analysis under the Electricity Act, 2003 Introduction Theft of electricity poses a significant challenge to the energy sector in India,...

Substituted Power of Attorney in India

Date: Dec 5, 2024

The Legal Edifice of Substituted Power of Attorney in India: An Analytical Review Introduction A Power of Attorney (PoA) is a significant instrument in legal and commercial transactions, enabling a...

Court Commissioners and the Prohibition on Collecting Evidence under Indian Civil Procedure

Date: Dec 5, 2024

Limits on Appointing Court Commissioners for Collecting Evidence in Indian Civil Procedure Introduction The Code of Civil Procedure, 1908 (“CPC”), envisages the use of commissions as an ancillary aid...

The Adjudication of Maintainability as a Preliminary Issue in Indian Civil Litigation

Date: Dec 5, 2024

The Adjudication of Maintainability as a Preliminary Issue: A Procedural Labyrinth in Indian Civil Litigation Introduction The principle of deciding a suit on a preliminary issue stands at the...

Navigating the Perils of Absence: A Legal Analysis of Ex Parte Arbitration Awards in India

Date: Dec 4, 2024

Navigating the Perils of Absence: A Legal Analysis of Ex Parte Arbitration Awards in India Introduction Arbitration, as a mechanism for alternative dispute resolution, is predicated on the pillars of...