India Columns

The Scope and Application of Section 151 of the Code of Civil Procedure, 1908 in Indian Law

Date: Sep 9, 2024

The Scope and Application of Section 151 of the Code of Civil Procedure, 1908 in Indian Law Introduction Section 151 of the Code of Civil Procedure, 1908 (CPC) stands as a repository of the inherent...

The Legal Conundrum of Refused Summons: A Scholarly Analysis of Deemed Service in Indian Law

Date: Sep 9, 2024

The Legal Conundrum of Refused Summons: A Scholarly Analysis of Deemed Service in Indian Law Introduction The service of summons is a foundational pillar of the Indian legal system, embodying the...

Criminal Liability, Constitutional Boundaries, and Policy Concerns: A Doctrinal Analysis of Section 14 of the Foreigners Act, 1946

Date: Sep 9, 2024

Criminal Liability, Constitutional Boundaries, and Policy Concerns: A Doctrinal Analysis of Section 14 of the Foreigners Act, 1946 Introduction Section 14 of the Foreigners Act, 1946 (“the Act”) is...

The Jurisprudence of Anticipatory Bail in India: An Analysis of Section 438 of the Code of Criminal Procedure

Date: Sep 8, 2024

The Jurisprudence of Anticipatory Bail in India: An Analysis of Section 438 of the Code of Criminal Procedure Introduction Section 438 of the Code of Criminal Procedure, 1973 (CrPC), which provides...

Revisiting Section 438 CrPC: Constitutional Dimensions and Jurisprudential Trajectory of Anticipatory Bail

Date: Sep 8, 2024

Revisiting Section 438 of the Code of Criminal Procedure, 1973: Constitutional Dimensions and Jurisprudential Trajectory of Anticipatory Bail 1  Introduction Section 438 of the Code of Criminal...

Analysis of Section 438(2) CrPC

Date: Sep 8, 2024

The Contours of Judicial Discretion: An Analysis of Conditions under Section 438(2) of the Code of Criminal Procedure, 1973 Introduction Section 438 of the Code of Criminal Procedure, 1973 (CrPC)...

Section 438 CrPC: Anticipatory Bail in India

Date: Sep 8, 2024

An Exposition of Section 438 of the Code of Criminal Procedure, 1973: Navigating the Contours of Anticipatory Bail in India Introduction Section 438 of the Code of Criminal Procedure, 1973 (CrPC)...

Analysis of Section 378 CrPC

Date: Sep 8, 2024

Appeals Against Acquittal in India: A Critical Analysis of Section 378 of the Code of Criminal Procedure Introduction Section 378 of the Code of Criminal Procedure, 1973 (CrPC) stands as a...

Section 441 CrPC: Contemporary Jurisprudence on Bail Bonds and Sureties in India

Date: Sep 8, 2024

Section 441 CrPC: Contemporary Jurisprudence on Bail Bonds and Sureties in India Introduction Section 441 of the Code of Criminal Procedure, 1973 (“CrPC”) constitutes the statutory spine of India’s...

Disobedience of Judicial Orders as Contempt of Court in India

Date: Sep 8, 2024

Disobedience of Judicial Orders as Contempt of Court in India: A Doctrinal and Jurisprudential Analysis Introduction The authority of the judiciary in a constitutional democracy rests, inter alia, on...

An Analysis of Section 354 of the Code of Criminal Procedure, 1973

Date: Sep 8, 2024

The Mandate of Reasoned Decisions: An Analysis of Section 354 of the Code of Criminal Procedure, 1973 Introduction Section 354 of the Code of Criminal Procedure, 1973 (CrPC), stands as a fundamental...

Medical Termination of Pregnancy in India: A Legal Analysis of Legislative Framework and Judicial Interpretations

Date: Sep 7, 2024

Medical Termination of Pregnancy in India: A Legal Analysis of Legislative Framework and Judicial Interpretations Introduction The legal framework governing medical termination of pregnancy (MTP) in...

Dispensing with Departmental Enquiry under Article 311(2)(b) of the Constitution of India: Constitutional Text, Judicial Construction, and Contemporary Challenges

Date: Sep 6, 2024

Dispensing with Departmental Enquiry under Article 311(2)(b) of the Constitution of India: Constitutional Text, Judicial Construction, and Contemporary Challenges 1. Introduction Article 311 embodies...

Clause 12 of the Letters Patent

Date: Sep 5, 2024

Clause 12 of the Letters Patent: A Cornerstone of Original Civil Jurisdiction in Indian High Courts Introduction Clause 12 of the Letters Patent, a constitutional instrument establishing the High...

“Taking Cognizance” under Indian Criminal Procedure: Judicial Meaning, Statutory Context, and Contemporary Implications

Date: Sep 5, 2024

“Taking Cognizance” under Indian Criminal Procedure: Judicial Meaning, Statutory Context, and Contemporary Implications 1. Introduction The phrase “taking cognizance” permeates the Code of Criminal...

Ratio Decidendi and Obiter Dicta in Indian Law

Date: Sep 4, 2024

The Binding Core and Persuasive Periphery: Understanding Ratio Decidendi and Obiter Dicta in Indian Jurisprudence Introduction The doctrine of precedent, or stare decisis, forms the bedrock of the...

The Legal Significance and Interpretation of Plans in Sale Deeds under Indian Law

Date: Sep 4, 2024

The Legal Significance and Interpretation of Plans in Sale Deeds under Indian Law Introduction A sale deed is the primary legal instrument that effectuates the transfer of ownership of immovable...

Sale by Private Treaty in Indian Law

Date: Sep 4, 2024

An Analysis of Sale by Private Treaty in Indian Law: Balancing Efficiency, Fairness, and Value Maximisation Introduction The disposition of property, whether in the course of enforcing a security...

Legal Analysis of Tenants Inducted by Mortgagees in India

Date: Sep 4, 2024

The Legal Status of Tenants Inducted by Mortgagees in India: Navigating Rights upon Mortgage Redemption Introduction The induction of a tenant into a mortgaged property by a mortgagee in possession...

Analysis of Order 1 Rule 3 CPC

Date: Sep 4, 2024

Joinder of Defendants in Civil Suits: An Analysis of Order 1 Rule 3 of the Code of Civil Procedure, 1908 Introduction The Code of Civil Procedure, 1908 (CPC) lays down the procedural framework for...