India Columns

Report for Cancellation of FIR in Indian Criminal Procedure: Doctrinal Foundations, Procedural Nuances, and Judicial Control

Date: Oct 16, 2024

Report for Cancellation of FIR in Indian Criminal Procedure: Doctrinal Foundations, Procedural Nuances, and Judicial Control Introduction The “cancellation report” (colloquially, a “B-report” or...

Re-casting Coparcenary: A Critical Analysis of the Hindu Succession (Amendment) Act, 2005

Date: Oct 16, 2024

Re-casting Coparcenary: A Critical Analysis of the Hindu Succession (Amendment) Act, 2005 1. Introduction The Hindu Succession (Amendment) Act, 2005 (“2005 Amendment”) heralded a paradigmatic shift...

Section 14 of the National Council for Teacher Education Act, 1993: Judicial Interpretation, Constitutional Position, and Regulatory Impact

Date: Oct 15, 2024

Section 14 of the National Council for Teacher Education Act, 1993: Judicial Interpretation, Constitutional Position, and Regulatory Impact Introduction Section 14 of the National Council for Teacher...

Second Appeals under Section 100 of the Code of Civil Procedure, 1908: Jurisdictional Limits and Emerging Doctrine

Date: Oct 14, 2024

Second Appeals under Section 100 of the Code of Civil Procedure, 1908: Jurisdictional Limits and Emerging Doctrine 1. Introduction Section 100 of the Code of Civil Procedure, 1908 (CPC) was...

The Guardians and Wards Act, 1890: Contemporary Judicial Applications and Doctrinal Evolutions

Date: Oct 14, 2024

The Guardians and Wards Act, 1890: Contemporary Judicial Applications and Doctrinal Evolutions Introduction Enacted during the late colonial period, the Guardians and Wards Act, 1890 (“GWA”) remains...

An Analysis of Section 68 of the Indian Evidence Act, 1872: Proof of Execution of Attested Documents

Date: Oct 14, 2024

An Analysis of Section 68 of the Indian Evidence Act, 1872: Proof of Execution of Attested Documents Introduction Section 68 of the Indian Evidence Act, 1872 (hereinafter "IEA") lays down a crucial...

Dispensing with Paper Books in Indian Courts

Date: Oct 14, 2024

Dispensing with Paper Books in Indian Courts: An Analysis of Procedural Evolution and Technological Integration I. Introduction The term "paper book" in the Indian judicial context typically refers...

The Doctrine of Lis Pendens and the Rights of a Subsequent Purchaser

Date: Oct 13, 2024

The Doctrine of Lis Pendens and the Rights of a Subsequent Purchaser: A Juridical Analysis under Indian Law I. Introduction The edifice of civil adjudication rests upon the principle of finality. A...

The Defence of Works Act, 1903: A Legal Analysis

Date: Oct 11, 2024

The Defence of Works Act, 1903: A Legal Analysis of Restrictions, Rights, and National Security in India Introduction The Defence of Works Act, 1903 (hereinafter "the Act")[1] is a pre-independence...

The Minimum Wages Act, 1948: A Comprehensive Legal Analysis

Date: Oct 10, 2024

The Minimum Wages Act, 1948: A Comprehensive Legal Analysis of its Framework, Implementation, and Judicial Interpretation in India Introduction The Minimum Wages Act, 1948 (hereinafter "MWA" or "the...

Restriction Repugnant to Interest Created under Indian Property Law: A Doctrinal and Jurisprudential Analysis

Date: Oct 10, 2024

Restriction Repugnant to Interest Created under Indian Property Law: A Doctrinal and Jurisprudential Analysis Introduction Among the many policy choices embedded in the Transfer of Property Act, 1882...

Punitive or Mala Fide Action in Indian Public Law

Date: Oct 9, 2024

Punitive or Mala Fide Action: Doctrinal Boundaries and Judicial Control in Indian Public Law Introduction Indian courts have long distinguished between State actions that are punitive—imposing a...

Special Laws and General Laws in India

Date: Oct 9, 2024

The Principle of Generalia Specialibus Non Derogant: Navigating Conflicts Between Special and General Laws in India Introduction The Indian legal system, characterized by a multiplicity of statutes...

The Labyrinth of Leave Without Pay in Indian Service Jurisprudence

Date: Oct 9, 2024

The Labyrinth of Leave Without Pay in Indian Service Jurisprudence: Navigating Rights, Obligations, and Consequences Introduction Leave Without Pay (LWP), often referred to as Extraordinary Leave...

Analysis of Section 25(3) of the Indian Contract Act, 1872

Date: Oct 8, 2024

Reviving Time-Barred Debts: An Analysis of Section 25(3) of the Indian Contract Act, 1872 Introduction The Indian Contract Act, 1872 (hereinafter "ICA"), lays the foundational principles governing...

Article 115 of the Limitation Act: Breach of Contract

Date: Oct 8, 2024

An Exposition of Article 115 of the Limitation Act, 1908, and its Successor, Article 55 of the Limitation Act, 1963: Navigating Claims for Breach of Contract in Indian Law Introduction The law of...

The Broadcast Reproduction Right in India: A Distinct Juridical Identity

Date: Oct 7, 2024

The Broadcast Reproduction Right in India: A Distinct Juridical Identity I. Introduction The Broadcast Reproduction Right (BRR) represents a unique and evolving facet of Indian intellectual property...

Continuous Service and Gratuity Payment in India: Statutory Foundations and Judicial Elucidation

Date: Oct 7, 2024

Continuous Service and Gratuity Payment in India: Statutory Foundations and Judicial Elucidation 1. Introduction Gratuity, like pension and provident fund, is a core component of India’s...

Legitimate Expectation and Promissory Estoppel in Indian Public Law

Date: Oct 7, 2024

Legitimate Expectation and Promissory Estoppel in Indian Public Law: Convergent Doctrines, Divergent Trajectories 1. Introduction Indian administrative law has, since the 1970s, embraced equitable...

The Legal Framework for Building and Other Construction Workers in India: A Judicial Exposition

Date: Oct 7, 2024

The Legal Framework for Building and Other Construction Workers in India: A Judicial Exposition I. Introduction The building and construction sector is a cornerstone of India's economy, yet the...