India Columns

The Employees' Provident Fund Framework in India: A Comprehensive Legal Analysis

Date: Aug 30, 2024

The Employees' Provident Fund Framework in India: A Comprehensive Legal Analysis Introduction The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the...

Order XXI Rule 106 CPC and the Exclusion of Section 5, Limitation Act 1963: A Doctrinal and Jurisprudential Analysis

Date: Aug 30, 2024

Order XXI Rule 106 CPC and the Exclusion of Section 5, Limitation Act 1963: A Doctrinal and Jurisprudential Analysis 1. Introduction Order XXI of the Code of Civil Procedure 1908 (CPC) governs...

Breach of Injunction Orders in India: Legal Framework, Enforcement, and Judicial Perspectives

Date: Aug 30, 2024

Enforcement and Consequences of Breaching Injunction Orders in India: A Legal Analysis Introduction Injunctions are vital judicial instruments in the Indian legal system, designed to provide interim...

Section 98 of the Code of Criminal Procedure: Evolution, Scope, and Judicial Interpretation

Date: Aug 29, 2024

Section 98 of the Code of Criminal Procedure: Evolution, Scope, and Judicial Interpretation Introduction Section 98 of the Code of Criminal Procedure, 1973 (“CrPC 1973”) empowers a Magistrate to...

Maximum Period of Probation and the Doctrine of Deemed Confirmation in Indian Service Law

Date: Aug 29, 2024

Maximum Period of Probation and the Doctrine of Deemed Confirmation in Indian Service Law Introduction Probationary employment constitutes an indispensable evaluative phase in public and private...

Section 37 of the Bombay Police Act, 1951 — Scope, Constitutional Validity and Judicial Control

Date: Aug 29, 2024

Section 37 of the Bombay Police Act, 1951 — Scope, Constitutional Validity and Judicial Control Introduction Section 37 of the Bombay Police Act, 1951 (“BPA” or “the Act”) authorises executive...

The Evidentiary Dichotomy of Certified Copies of Depositions in Indian Law

Date: Aug 28, 2024

The Evidentiary Dichotomy of Certified Copies of Depositions in Indian Law: Admissibility, Procedure, and Probative Value Introduction In the adversarial system of justice prevalent in India, the...

The Right to Speedy Trial under Article 21 of the Indian Constitution

Date: Aug 28, 2024

The Right to Speedy Trial under Article 21 of the Indian Constitution: A Jurisprudential Analysis Introduction Article 21 of the Constitution of India, which guarantees that "[n]o person shall be...

Legal Status of Sales Promotion Employees in India

Date: Aug 27, 2024

The Evolving Legal Landscape for Sales Promotion Employees in India: An Analysis of Statutory Provisions and Judicial Precedents Introduction The legal status of Sales Promotion Employees (SPEs) in...

Setting Aside Ex Parte Decrees under Order IX Rule 13 CPC: A Jurisprudential Analysis

Date: Aug 27, 2024

Setting Aside Ex Parte Decrees under Order IX Rule 13 of the Code of Civil Procedure, 1908: A Jurisprudential Analysis 1. Introduction Order IX Rule 13 of the Code of Civil Procedure, 1908...

An Analysis of Section 171 of the Indian Contract Act, 1872: The General Lien

Date: Aug 27, 2024

An Analysis of Section 171 of the Indian Contract Act, 1872: The General Lien Introduction Section 171 of the Indian Contract Act, 1872 (hereinafter "the Act"), codifies the concept of a general lien...

Analyzing Renewal Clauses in Lease Deeds under Indian Law

Date: Aug 27, 2024

Deciphering Renewal Clauses in Lease Deeds: A Scholarly Analysis under Indian Law Introduction Lease agreements form the bedrock of numerous property transactions in India, governing the rights and...

The Concept of 'Document' under Section 29 of the Indian Penal Code

Date: Aug 23, 2024

The Evolving Concept of 'Document' under Section 29 of the Indian Penal Code: A Juridical Analysis Introduction The Indian Penal Code, 1860 (IPC), a foundational pillar of India's criminal...

The Evidentiary Value and Binding Nature of Minutes of Meetings in Indian Law

Date: Aug 23, 2024

The Evidentiary Value and Binding Nature of Minutes of Meetings in Indian Law Introduction Minutes of meetings are a ubiquitous feature of corporate governance, administrative proceedings, and...

Analysis of Order 32 Rule 1 CPC

Date: Aug 23, 2024

Institution of Suits by Minors in India: An Analysis of Order 32 Rule 1 of the Code of Civil Procedure, 1908 Introduction The Code of Civil Procedure, 1908 (CPC) provides a comprehensive framework...

Analysis of Section 18 of the SC/ST (Prevention of Atrocities) Act

Date: Aug 22, 2024

An Analysis of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Navigating the Bar on Anticipatory Bail in India Introduction The Scheduled Castes and the...

Bail Jurisprudence under Section 376 IPC

Date: Aug 22, 2024

Bail Jurisprudence in Offences under Section 376 IPC: A Critical Analysis of Indian Law Introduction Section 376 of the Indian Penal Code, 1860 (IPC), which penalizes the offence of rape, stands as...

Analysis of Section 27 of the Drugs and Cosmetics Act, 1940

Date: Aug 22, 2024

Penalties and Judicial Scrutiny under Section 27 of the Drugs and Cosmetics Act, 1940 1. Introduction The Drugs and Cosmetics Act, 1940 (hereinafter "the Act") stands as a cornerstone of...

Section 29 NDPS Act: Abetment & Criminal Conspiracy under India’s Narcotic Regime

Date: Aug 22, 2024

Section 29 NDPS Act: Abetment & Criminal Conspiracy under India’s Narcotic Regime Introduction Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) creates an...

Analysis of Section 21 of the NDPS Act, 1985

Date: Aug 22, 2024

Punishment for Contravention Involving Manufactured Drugs and Preparations: An Analysis of Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Introduction The Narcotic Drugs and...