India Columns

Criminal Liability under Section 63 of the Indian Copyright Act, 1957: Statutory Architecture, Judicial Construction, and Emerging Contours

Date: Sep 13, 2024

Criminal Liability under Section 63 of the Indian Copyright Act, 1957: Statutory Architecture, Judicial Construction, and Emerging Contours 1. Introduction Section 63 of the Copyright Act, 1957...

Analysis of Section 62 of the Electricity Act, 2003

Date: Sep 13, 2024

An Exposition of Section 62 of the Electricity Act, 2003: Principles and Judicial Scrutiny of Tariff Determination in India Introduction The Electricity Act, 2003 (hereinafter "the Act") was enacted...

The Jurisprudence of Statements under Section 164 CrPC: Evidentiary Value, Procedural Mandates, and Judicial Interpretation in India

Date: Sep 13, 2024

The Jurisprudence of Statements under Section 164 CrPC: Evidentiary Value, Procedural Mandates, and Judicial Interpretation in India Introduction Section 164 of the Code of Criminal Procedure, 1973...

Section 421 CrPC: Execution of Fines, Compensation and Maintenance Orders

Date: Sep 12, 2024

Section 421 of the Code of Criminal Procedure, 1973: Execution of Fines, Compensation and Maintenance Orders 1. Introduction Section 421 of the Code of Criminal Procedure, 1973 (“CrPC 1973”) embodies...

Refund of Pre-Deposit in Indian Fiscal Litigation: Statutory Framework and Jurisprudential Developments

Date: Sep 12, 2024

Refund of Pre-Deposit in Indian Fiscal Litigation: Statutory Framework and Jurisprudential Developments 1. Introduction During the pendency of fiscal appeals in India, litigants are frequently...

Analysis of Atrocity Offences Involving Intentional Humiliation under the SC/ST Act

Date: Sep 12, 2024

An Analysis of Offences Involving Intentional Humiliation under Section 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Introduction The Scheduled Castes and...

Pendente Lite Purchasers under Indian Law: Doctrine, Rights, and Procedural Dynamics

Date: Sep 12, 2024

Pendente Lite Purchasers under Indian Law: Doctrine, Rights, and Procedural Dynamics Introduction The expression “pendente lite purchaser” denotes a transferee who acquires an interest in immovable...

Withdrawal of Suits with Liberty to File Afresh

Date: Sep 11, 2024

The Jurisprudence of Discretion: An Analysis of Withdrawal of Suits with Liberty under Order XXIII Rule 1(3) of the Indian Code of Civil Procedure Introduction The Code of Civil Procedure, 1908...

Public Trusts in Rajasthan: Legislative Framework and Jurisprudential Trajectory

Date: Sep 11, 2024

Public Trusts in Rajasthan: Legislative Framework and Jurisprudential Trajectory Introduction Public religious and charitable endowments occupy a distinctive position in India’s legal landscape,...

The Child Welfare Committee in India: Powers, Functions, and Judicial Scrutiny under the Juvenile Justice Act

Date: Sep 11, 2024

The Child Welfare Committee in India: Powers, Functions, and Judicial Scrutiny under the Juvenile Justice Act Introduction The Child Welfare Committee (CWC) is a cornerstone of India's child...

Analysis of Section 13(2) Notice under SARFAESI Act

Date: Sep 11, 2024

The Section 13(2) Notice under SARFAESI Act, 2002: A Comprehensive Legal Analysis Introduction The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest...

The Doctrine of Legal Mala Fide in Indian Administrative Law

Date: Sep 11, 2024

The Doctrine of Legal Mala Fide in Indian Administrative Law Introduction The doctrine of 'legal mala fide', also termed 'malice in law', is a critical concept in Indian administrative law, serving...

Contributory Negligence in Indian Motor Accident Claims

Date: Sep 10, 2024

The Doctrine of Contributory Negligence in Indian Motor Accident Claims: A Judicial Analysis Introduction The principle of contributory negligence is a critical aspect of tort law, particularly in...

The No-Confidence Motion Provision in India

Date: Sep 10, 2024

The No-Confidence Motion in Indian Jurisprudence: A Mechanism of Democratic Accountability Introduction The motion of no-confidence is a quintessential feature of parliamentary democracy, serving as...

Causation in Accidental Death Claims: Assessing Nexus between Injury and Death under Indian Law

Date: Sep 10, 2024

Causation in Accidental Death Claims: Assessing Nexus between Injury and Death under Indian Law Introduction The jurisprudence of compensation for accidental deaths in India pivots on the claimant’s...

Section 33-C(2) of the Industrial Disputes Act, 1947: Jurisdictional Ambit, Conceptual Evolution, and Contemporary Application

Date: Sep 10, 2024

Section 33-C(2) of the Industrial Disputes Act, 1947: Jurisdictional Ambit, Conceptual Evolution, and Contemporary Application Introduction Section 33-C(2) of the Industrial Disputes Act, 1947...

The Imperative of Obedience: A Legal Analysis of Disobeying Court Orders in India

Date: Sep 9, 2024

The Imperative of Obedience: A Legal Analysis of Disobeying Court Orders in India Introduction The edifice of a robust legal system and the sustenance of the rule of law are critically dependent upon...

Analysis of Section 10(23C)(iiiad) of the Income Tax Act, 1961

Date: Sep 9, 2024

Navigating Tax Exemption for Smaller Educational Institutions: An Analysis of Section 10(23C)(iiiad) of the Income Tax Act, 1961 Introduction Section 10(23C) of the Income Tax Act, 1961 (hereinafter...

Beyond the Ninety–Day Barrier: Judicial Approaches to Written Statements Filed Out-of-Time under Indian Civil Procedure

Date: Sep 9, 2024

Beyond the Ninety–Day Barrier: Judicial Approaches to Written Statements Filed Out-of-Time under Indian Civil Procedure Introduction Order VIII Rule 1 of the Code of Civil Procedure, 1908 (“CPC”)...

Analysis of Section 10(23C)(iiiab) of the Income Tax Act, 1961

Date: Sep 9, 2024

An Exposition of Section 10(23C)(iiiab) of the Income Tax Act, 1961: Conditions for Exemption of Educational Institutions Introduction Section 10 of the Income Tax Act, 1961 (hereinafter "the Act")...