India Columns

The Evolving Jurisprudence of the Affinity Test in Scheduled Tribe Verification in India

Date: Jul 10, 2024

The Evolving Jurisprudence of the Affinity Test in Scheduled Tribe Verification in India: From Litmus Test to Corroborative Tool Introduction The Constitution of India, through its affirmative action...

Analysis of Section 30 of the DRT Act, 1993

Date: Jul 10, 2024

The Appellate Jurisdiction of the Debts Recovery Tribunal: A Scholarly Analysis of Section 30 of the DRT Act, 1993 Introduction The enactment of the Recovery of Debts Due to Banks and Financial...

No Limitation for Redemption of Usufructuary Mortgage in India

Date: Jul 10, 2024

No Limitation for Redemption of Usufructuary Mortgage in India Introduction The maxim “once a mortgage, always a mortgage” epitomises the equitable principle that a mortgagor’s right to redeem is...

The Historical Perspective in Indian Constitutional Law: Examining the Proposition that the Right to Privacy is Not a Fundamental Right

Date: Jul 10, 2024

The Historical Perspective in Indian Constitutional Law: Examining the Proposition that the Right to Privacy is Not a Fundamental Right Introduction The discourse surrounding the right to privacy...

The Expansive Ambit of "Law" under Article 13(3)(a) of the Indian Constitution

Date: Jul 10, 2024

The Expansive Ambit of "Law" under Article 13(3)(a) of the Indian Constitution: A Definitional Scrutiny Introduction Article 13 of the Constitution of India stands as a bulwark for the protection of...

Section 42 of the NDPS Act: Mandatory Compliance, Judicial Interpretation, and Practical Implications

Date: Jul 10, 2024

Section 42 of the NDPS Act: Mandatory Compliance, Judicial Interpretation, and Practical Implications Introduction Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”)...

An Analysis of Section 3 of the Delhi Special Police Establishment Act, 1946

Date: Jul 10, 2024

Section 3 of the Delhi Special Police Establishment Act, 1946: Defining the Investigative Mandate of the CBI Introduction The Delhi Special Police Establishment Act, 1946 (hereinafter "DSPE Act") is...

Maintenance under Section 125 CrPC

Date: Jul 10, 2024

Maintenance under Section 125 of the Code of Criminal Procedure, 1973: A Comprehensive Legal Analysis Introduction Section 125 of the Code of Criminal Procedure, 1973 (CrPC) stands as a cornerstone...

Modification of Draft Development Plans in India: A Legal Analysis

Date: Jul 9, 2024

An Exposition on the Legal Framework Governing Modification of Draft Development Plans in India Introduction Urban planning and development in India are guided by statutory instruments known as...

Determination of Market Value of Property in India

Date: Jul 9, 2024

The Labyrinth of Valuation: Determining Market Value of Property under Indian Law Introduction The determination of 'market value' of property is a cornerstone of various legal and economic...

Analysis of Section 28 of the Land Acquisition Act, 1894

Date: Jul 9, 2024

Interest on Excess Compensation: A Juridical Analysis of Section 28 of the Land Acquisition Act, 1894 Introduction The Land Acquisition Act, 1894 (hereinafter "the 1894 Act"), for over a century,...

An Analysis of Section 28-A of the Land Acquisition Act, 1894: Judicial Interpretation and Application in India

Date: Jul 9, 2024

An Analysis of Section 28-A of the Land Acquisition Act, 1894: Judicial Interpretation and Application in India Introduction Section 28-A of the Land Acquisition Act, 1894 (hereinafter "L.A. Act,...

Defining Immovable Property in Indian Law

Date: Jul 9, 2024

Defining 'Immovable Property' in Indian Law: A Synoptic Analysis of Statutory Provisions and Judicial Interpretations Introduction The concept of 'immovable property' is foundational to the Indian...

Comparable Sales Method in Indian Law

Date: Jul 9, 2024

The Comparable Sales Method in Indian Land Acquisition Law: Principles, Application, and Judicial Scrutiny Introduction The determination of 'market value' is the cornerstone of ensuring just and...

Judicial Scrutiny of Contradictions, Inconsistencies, Exaggerations, or Embellishments in Witness Testimonies under Indian Law

Date: Jul 9, 2024

Judicial Scrutiny of Contradictions, Inconsistencies, Exaggerations, or Embellishments in Witness Testimonies under Indian Law Introduction The edifice of criminal justice in India, as in any...

Analysis of Section 156(3) CrPC

Date: Jul 9, 2024

An Analytical Exposition of Section 156(3) of the Code of Criminal Procedure, 1973: Powers, Procedures, and Judicial Scrutiny in India Introduction Section 156(3) of the Code of Criminal Procedure,...

Analysis of Order XXI Rule 72 CPC

Date: Jul 8, 2024

Order XXI Rule 72 of the Code of Civil Procedure, 1908: A Comprehensive Analysis of Decree-Holder Participation in Court Auctions in India Introduction The execution of decrees is a cornerstone of...

Analysis of Order XXI Rule 29 CPC

Date: Jul 8, 2024

Order XXI Rule 29 of the Code of Civil Procedure, 1908: A Comprehensive Analysis of Stay of Execution in India Introduction Order XXI of the Code of Civil Procedure, 1908 (CPC) provides an elaborate...

Analysis of Order 21, Rule 40 of the Code of Civil Procedure, 1908

Date: Jul 8, 2024

The Procedural Bastion of Personal Liberty: An Analysis of Order 21, Rule 40 of the Code of Civil Procedure, 1908 Introduction The Code of Civil Procedure, 1908 (CPC) provides the legislative...

Adjournment and Stoppage of Court-Ordered Sales: A Critical Analysis of Order XXI Rule 69 of the Code of Civil Procedure, 1908

Date: Jul 8, 2024

Adjournment and Stoppage of Court-Ordered Sales: A Critical Analysis of Order XXI Rule 69 of the Code of Civil Procedure, 1908 1. Introduction Order XXI of the Code of Civil Procedure, 1908 (“CPC”)...