India Columns

Dishonest Intention under Section 24 of the Indian Penal Code: Concept, Contours, and Jurisprudential Evolution

Date: Nov 12, 2024

Dishonest Intention under Section 24 of the Indian Penal Code: Concept, Contours, and Jurisprudential Evolution Introduction Section 24 of the Indian Penal Code, 1860 (“IPC”) lies at the normative...

Analysis of 'Injury' under Section 44 of the Indian Penal Code

Date: Nov 12, 2024

The Anatomy of Harm: A Juridical Analysis of 'Injury' under Section 44 of the Indian Penal Code Introduction Within the intricate architecture of the Indian Penal Code, 1860 (IPC), definitional...

Section 35 of the Indian Penal Code: Constructive Liability and the Mental Element

Date: Nov 12, 2024

Section 35 of the Indian Penal Code: Constructive Liability and the Mental Element Introduction Section 35 of the Indian Penal Code, 1860 (IPC) is one of a cluster of provisions (ss. 34–38) that...

The Jurisprudence of Pendente Lite Maintenance: A Critical Analysis of Section 24 of the Hindu Marriage Act, 1955

Date: Nov 11, 2024

The Jurisprudence of Pendente Lite Maintenance: A Critical Analysis of Section 24 of the Hindu Marriage Act, 1955 Introduction Section 24 of the Hindu Marriage Act, 1955 (hereinafter 'HMA'), which...

Analysis of Section 24, Hindu Marriage Act, 1955

Date: Nov 11, 2024

Maintenance Pendente Lite and Expenses of Proceedings under Section 24 of the Hindu Marriage Act, 1955: A Comprehensive Analysis Introduction Section 24 of the Hindu Marriage Act, 1955 (hereinafter...

Pay Disparity between Junior and Senior Employees in Indian Public Service

Date: Nov 11, 2024

When the Junior Earns More: Constitutional, Statutory, and Jurisprudential Dimensions of Pay Disparity in India 1 Introduction The recurrent phenomenon of a junior employee drawing a higher rate of...

Analysis of Section 9B(1)(b) of the Explosives Act, 1884

Date: Nov 11, 2024

Regulating Explosives in India: A Juridical Analysis of Section 9B(1)(b) of the Explosives Act, 1884 Introduction The Explosives Act, 1884 (hereinafter "the Act") stands as a cornerstone of India's...

Disciplinary Authority Review in India: Nature, Scope, and Judicial Oversight

Date: Nov 11, 2024

Disciplinary Authority Review in India: Nature, Scope, and Judicial Oversight 1. Introduction The authority of a disciplinary body to review, reconsider, or revise findings reached in an internal...

Analysis of Section 224 of the Indian Penal Code

Date: Nov 11, 2024

An Exposition of Section 224 of the Indian Penal Code: Resistance to Apprehension and Escape from Lawful Custody Introduction Section 224 of the Indian Penal Code, 1860 (IPC) addresses offences...

Custody of Minor Children to the Father under Indian Law: Contemporary Jurisprudence and the Paramountcy of Welfare

Date: Nov 11, 2024

Custody of Minor Children to the Father under Indian Law: Contemporary Jurisprudence and the Paramountcy of Welfare Introduction Indian family law traditionally recognises the father as the natural...

The Central Civil Services (Extraordinary Pension) Rules, 1939 – Jurisprudential Evolution and Contemporary Challenges

Date: Nov 8, 2024

The Central Civil Services (Extraordinary Pension) Rules, 1939 – Jurisprudential Evolution and Contemporary Challenges Introduction The Central Civil Services (Extraordinary Pension) Rules, 1939...

Compromise in Partition Suits under Indian Law: Statutory Framework and Judicial Trends

Date: Nov 8, 2024

Compromise in Partition Suits under Indian Law: Statutory Framework and Judicial Trends Introduction Partition suits occupy a distinctive position in Indian civil procedure: while they are structured...

Rule 37-A of the CCS (Pension) Rules, 1972: Constitutional Validity, Doctrinal Foundations, and Judicial Construction

Date: Nov 8, 2024

Rule 37-A of the CCS (Pension) Rules, 1972: Constitutional Validity, Doctrinal Foundations, and Judicial Construction 1. Introduction The liberalisation of India’s economy in the early 1990s...

Death-cum-Retirement Benefits in India

Date: Nov 8, 2024

Death-cum-Retirement Benefits in India: A Juridical Analysis of Rights, Entitlements, and Enforcement Introduction Death-cum-Retirement Benefits (DCRB) constitute a cornerstone of social security for...

Agreements in Restraint of Legal Proceedings in India

Date: Nov 7, 2024

Agreements in Restraint of Legal Proceedings: An Analysis of Section 28 of the Indian Contract Act, 1872 Introduction The right to legal recourse is a fundamental tenet of any civilized legal system....

The Law and Practice of Arbitrator Appointment under Section 11 of the Indian Arbitration and Conciliation Act, 1996

Date: Nov 7, 2024

The Law and Practice of Arbitrator Appointment under Section 11 of the Indian Arbitration and Conciliation Act, 1996 Introduction Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter...

Wrongful Availment of CENVAT Credit in India

Date: Nov 7, 2024

Wrongful Availment of CENVAT Credit in India: A Comprehensive Legal Analysis Introduction The CENVAT (Central Value Added Tax) credit scheme, primarily governed by the CENVAT Credit Rules, 2004 (and...

Analysis of Section 2(d) of the Consumer Protection Act, 1986

Date: Nov 7, 2024

The Evolving Definition of 'Consumer' under Section 2(d) of the Consumer Protection Act, 1986: A Judicial Exposition I. Introduction The definition of a 'consumer' under Section 2(d) of the Consumer...

Sanction for Prosecution under the Arms Act, 1959

Date: Nov 7, 2024

The Imperative of Sanction for Prosecution under the Arms Act, 1959: A Judicial Exposition Introduction The Arms Act, 1959 (hereinafter "the Act") is a critical piece of legislation in India aimed at...

Central Civil Services (Temporary Service) Rules, 1965: Judicial Evolution, Procedural Safeguards, and Contemporary Challenges

Date: Nov 7, 2024

Central Civil Services (Temporary Service) Rules, 1965: Judicial Evolution, Procedural Safeguards, and Contemporary Challenges Introduction The Central Civil Services (Temporary Service) Rules, 1965...