India Columns

Rule 8(3A) of the Central Excise Rules, 2002 – Constitutional Validity, Statutory Context, and Emerging Jurisprudence

Date: Nov 7, 2024

Rule 8(3A) of the Central Excise Rules, 2002 – Constitutional Validity, Statutory Context, and Emerging Jurisprudence 1. Introduction Rule 8(3A) of the Central Excise Rules, 2002 (“Rules 2002”)...

Violations of the Model Code of Conduct in India: Constitutional Position, Enforceability, and Judicial Control

Date: Nov 6, 2024

Violations of the Model Code of Conduct in India: Constitutional Position, Enforceability, and Judicial Control Introduction The Model Code of Conduct (“MCC”) has become a defining feature of Indian...

The Jurisprudence of the Driving Licence in India: Liability, Validity, and the Insurer's Defence

Date: Nov 5, 2024

The Jurisprudence of the Driving Licence in India: Liability, Validity, and the Insurer's Defence Introduction In the intricate legal landscape of India's motor vehicle laws, the driving licence...

Analysis of Section 138, Negotiable Instruments Act, 1881

Date: Nov 5, 2024

Section 138 of the Negotiable Instruments Act, 1881: A Comprehensive Analysis of Judicial Pronouncements and Procedural Nuances in India Introduction Section 138 of the Negotiable Instruments Act,...

Grounds for Cancellation of Bail in India

Date: Nov 5, 2024

Grounds for Cancellation of Bail in Indian Criminal Jurisprudence: A Scholarly Analysis Introduction The concept of bail is a cornerstone of personal liberty within the Indian criminal justice...

Article 51(c) of the Indian Constitution: A Directive Principle Shaping Domestic Jurisprudence

Date: Nov 5, 2024

Fostering Respect: The Judicial Invocation of Article 51(c) in Indian Law Introduction Nestled within Part IV of the Constitution of India, among the Directive Principles of State Policy (DPSP), lies...

An Analysis of Section 167(5) of the CrPC

Date: Nov 5, 2024

An Analysis of Section 167(5) of the CrPC: The Dichotomy of Mandatory Timelines and Judicial Discretion I. Introduction The Code of Criminal Procedure, 1973 (CrPC) serves as the bedrock of procedural...

Authority under the Minimum Wages Act, 1948: Jurisdiction, Powers and Contemporary Challenges

Date: Nov 4, 2024

Authority under the Minimum Wages Act, 1948: Jurisdiction, Powers and Contemporary Challenges 1. Introduction The Minimum Wages Act, 1948 (“MWA” or “the Act”) is a cornerstone of India’s...

Issue Estoppel and Res Judicata in Indian Jurisprudence

Date: Nov 3, 2024

The Doctrines of Issue Estoppel and Res Judicata in Indian Jurisprudence: A Comprehensive Analysis I. Introduction The principles of res judicata and issue estoppel are fundamental to the...

Analysis of Section 92 Proviso (1) of the Indian Evidence Act, 1872

Date: Oct 30, 2024

The Scope and Application of Proviso (1) to Section 92 of the Indian Evidence Act, 1872: Admissibility of Extrinsic Evidence to Invalidate Written Instruments Introduction Section 92 of the Indian...

Writ Jurisdiction Against Assessment Orders in India

Date: Oct 30, 2024

Writ Jurisdiction Against Assessment Orders in India: Principles and Precedents Introduction The power of High Courts in India to issue writs under Article 226 of the Constitution of India[1] is a...

Successive Applications for Anticipatory Bail in India: Doctrinal Foundations and Jurisprudential Divergence

Date: Oct 29, 2024

Successive Applications for Anticipatory Bail in India: Doctrinal Foundations and Jurisprudential Divergence Introduction Anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973...

Defects Liability Period in Indian Construction and Infrastructure Contracts: Doctrine, Contractual Practice, and Judicial Treatment

Date: Oct 29, 2024

Defects Liability Period in Indian Construction and Infrastructure Contracts: Doctrine, Contractual Practice, and Judicial Treatment Abstract The “defects liability period” (DLP) is a pivotal device...

Stamp Duty on Memoranda of Understanding (MOUs) in India: Statutory Framework and Jurisprudential Trends

Date: Oct 29, 2024

Stamp Duty on Memoranda of Understanding (MOUs) in India: Statutory Framework and Jurisprudential Trends 1. Introduction Memoranda of Understanding (MOUs) have become ubiquitous in Indian commercial...

Consideration in Contracts of Guarantee: A Judicial Analysis of Section 127 of the Indian Contract Act, 1872

Date: Oct 29, 2024

Consideration in Contracts of Guarantee: A Judicial Analysis of Section 127 of the Indian Contract Act, 1872 I. Introduction The contract of guarantee, a cornerstone of commercial transactions, is...

Legal Analysis of Unverified Written Statements in India

Date: Oct 28, 2024

The Legal Status of Unverified Written Statements in Indian Civil Procedure: An Analysis of Defects, Curability, and Consequences Introduction Pleadings form the bedrock of civil litigation in India,...

Analysis of the Kerala Forest Act, 1961

Date: Oct 28, 2024

The Kerala Forest Act, 1961: A Comprehensive Analysis of its Legislative Framework, Judicial Interpretations, and Conservation Mandate Introduction The Kerala Forest Act, 1961 (Act 4 of 1962)...

Compensatory Jurisprudence for Illegal Detention in India

Date: Oct 25, 2024

Compensatory Jurisprudence for Illegal Detention in India: A Constitutional Imperative Introduction Illegal detention, an egregious affront to individual liberty, stands in stark contravention to the...

Successor Judges and the Integrity of Criminal Trials: A Critical Analysis of Section 326 Cr.P.C.

Date: Oct 25, 2024

Successor Judges and the Integrity of Criminal Trials: A Critical Analysis of Section 326 of the Code of Criminal Procedure, 1973 1. Introduction Section 326 of the Code of Criminal Procedure, 1973...

“Prosecution for a Criminal Charge is Pending” – Conceptual Nuances and Jurisprudential Evolution in Indian Service Law

Date: Oct 25, 2024

“Prosecution for a Criminal Charge is Pending” – Conceptual Nuances and Jurisprudential Evolution in Indian Service Law 1. Introduction The expression “prosecution for a criminal charge is pending”...