India Columns

Withholding of Increment with Cumulative Effect: Doctrinal Nuances and Procedural Safeguards in Indian Service Law

Date: Jul 25, 2024

Withholding of Increment with Cumulative Effect: Doctrinal Nuances and Procedural Safeguards in Indian Service Law Introduction The penalty of withholding annual increment is a ubiquitous...

The Primacy of Boundaries over Extent in Indian Property Law

Date: Jul 25, 2024

The Primacy of Boundaries over Extent in Indian Property Law: A Juridical Analysis Introduction The determination of the precise subject matter of a conveyance or transfer of immovable property is...

The Indispensable Threshold: A Juridical Analysis of 'Prima Facie Case' in the Grant of Interlocutory Injunctions

Date: Jul 25, 2024

The Indispensable Threshold: A Juridical Analysis of 'Prima Facie Case' in the Grant of Interlocutory Injunctions Introduction The remedy of an interlocutory or temporary injunction, governed...

Pensionary Entitlements and Post-Retiral Liabilities under the Bihar Pension Rules, 1950: A Doctrinal and Jurisprudential Analysis

Date: Jul 25, 2024

Pensionary Entitlements and Post-Retiral Liabilities under the Bihar Pension Rules, 1950: A Doctrinal and Jurisprudential Analysis 1. Introduction The Bihar Pension Rules, 1950 (“BPR”) constitute the...

Standing Timber, Growing Crops and Grass: Reassessing the Movable–Immovable Divide in Indian Property Law

Date: Jul 25, 2024

Standing Timber, Growing Crops and Grass: Reassessing the Movable–Immovable Divide in Indian Property Law Introduction The triad “standing timber, growing crops and grass” occupies a deceptively...

The Constitutional Jurisprudence of Entry 52, List II

Date: Jul 24, 2024

The Constitutional Jurisprudence of Entry 52, List II: An Analysis of State Taxing Power on the Entry of Goods in India Introduction Entry 52 of List II (the State List) in the Seventh Schedule of...

Incomplete or Mismatching Signatures on Cheques under Section 138 of the Negotiable Instruments Act, 1881

Date: Jul 24, 2024

Incomplete or Mismatching Signatures on Cheques under Section 138 of the Negotiable Instruments Act, 1881 1. Introduction Dishonour of cheques owing to the inscription “drawer’s signature...

Interim Relief Orders in Indian Law

Date: Jul 24, 2024

The Jurisprudence of Interim Relief Orders in Indian Law: Principles, Practices, and Evolving Contours Introduction Interim relief orders form a critical component of the Indian judicial process,...

Judgments on First Civil Appeal in India

Date: Jul 24, 2024

The Indispensable Mandate of Reasoned Adjudication: Judicial Standards for Judgments in First Civil Appeals in India Introduction The right to a first appeal against an original decree in a civil...

Jurisprudence of Revival: Restoring Company Petitions and Corporate Status in Indian Law

Date: Jul 24, 2024

Jurisprudence of Revival: A Critical Analysis of Restoring Company Petitions and Corporate Status in Indian Law Introduction The concept of "revival" within the Indian corporate law lexicon is a...

Navigating the Consequences of Non-Compliance with Natural Justice in Indian Jurisprudence

Date: Jul 23, 2024

Navigating the Consequences of Non-Compliance with Natural Justice in Indian Jurisprudence Introduction The doctrine of natural justice—embodied in the twin rules of nemo judex in causa sua and audi...

Monetary Reliefs under Section 20 of the PWDVA, 2005

Date: Jul 23, 2024

Monetary Reliefs under Section 20 of the Protection of Women from Domestic Violence Act, 2005: A Comprehensive Judicial Analysis Introduction The Protection of Women from Domestic Violence Act, 2005...

Section 174 Indian Penal Code – Scope, Jurisdictional Limits, and Contemporary Judicial Trends

Date: Jul 23, 2024

Section 174 Indian Penal Code – Scope, Jurisdictional Limits, and Contemporary Judicial Trends Introduction Section 174 of the Indian Penal Code, 1860 (“IPC”) criminalises the intentional omission to...

Successive Anticipatory Bail Applications in India

Date: Jul 23, 2024

Navigating the Labyrinth: Successive Anticipatory Bail Applications in Indian Criminal Jurisprudence Introduction The provision for anticipatory bail, enshrined in Section 438 of the Code of Criminal...

State Education Tribunals in India: Constitutional Foundations, Statutory Architecture, and Jurisprudential Trajectories

Date: Jul 23, 2024

State Education Tribunals in India: Constitutional Foundations, Statutory Architecture, and Jurisprudential Trajectories Introduction State Education Tribunals (SETs) have emerged as specialised fora...

Intermediaries under the Information Technology Act, 2000: Concept, Scope and Liability

Date: Jul 23, 2024

Intermediaries under the Information Technology Act, 2000: Concept, Scope and Liability Introduction Digital communication in India is architected around entities that receive, store, transmit, or...

The Doctrine of Finality in Service Jurisprudence: Settled Seniority Cannot Be Unsettled

Date: Jul 22, 2024

The Doctrine of Finality in Service Jurisprudence: An Analysis of the Principle that Settled Seniority Cannot Be Unsettled Introduction In the intricate framework of Indian service jurisprudence, the...

An Exposition of Section 54 of the Transfer of Property Act, 1882

Date: Jul 22, 2024

An Exposition of Section 54 of the Transfer of Property Act, 1882: The Cornerstone of Sale Transactions in India Introduction Section 54 of the Transfer of Property Act, 1882 (hereinafter "TPA")...

Application of Section 125 of the Criminal Procedure Code: Contemporary Jurisprudence and Social Justice

Date: Jul 22, 2024

Application of Section 125 of the Criminal Procedure Code: Contemporary Jurisprudence and Social Justice Introduction Section 125 of the Code of Criminal Procedure, 1973 (“CrPC”) is widely...

An Analysis of Section 75 of the Customs Act, 1962: The Duty Drawback Scheme in India

Date: Jul 22, 2024

An Analysis of Section 75 of the Customs Act, 1962: The Duty Drawback Scheme in India Introduction Section 75 of the Customs Act, 1962 ("the Act") embodies a critical trade facilitation measure...