India Columns

Common Judgments and Appeals under the Code of Civil Procedure

Date: Jun 12, 2024

Common Judgments and Appeals under the Code of Civil Procedure 1. Introduction A recurring procedural quandary in Indian civil litigation concerns the effect of a common judgment—that is, a single,...

Principles Governing the Grant of Permanent Injunctions in Indian Law

Date: Jun 12, 2024

The Edifice of Equitable Relief: Principles Governing the Grant of Permanent Injunctions in Indian Law Introduction A permanent injunction, also known as a perpetual injunction, is a remedial measure...

The Concept of 'Benefit Arising Out of Land' in Indian Law: A Juridical Analysis

Date: Jun 11, 2024

The Concept of 'Benefit Arising Out of Land' in Indian Law: A Juridical Analysis Introduction The concept of "benefit arising out of land" is a cornerstone of property law in India, significantly...

Evidence Contrary to Pleadings: Procedural Sanctity and Judicial Response in Indian Civil Litigation

Date: Jun 11, 2024

Evidence Contrary to Pleadings: Procedural Sanctity and Judicial Response in Indian Civil Litigation Introduction Indian civil procedure is anchored in the principle “secundum allegata et probata” –...

Summoning Defence Witnesses under Indian Criminal Procedure: Constitutional Imperatives, Statutory Text and Judicial Trajectories

Date: Jun 11, 2024

Summoning Defence Witnesses under Indian Criminal Procedure: Constitutional Imperatives, Statutory Text and Judicial Trajectories 1. Introduction The constitutional promise of a fair trial, an...

Excise Duty on Scrap under Indian Central Excise Law: Doctrinal Evolution and Contemporary Framework

Date: Jun 11, 2024

Excise Duty on Scrap under Indian Central Excise Law: Doctrinal Evolution and Contemporary Framework 1. Introduction The levy of Central Excise Duty on “scrap” has generated sustained litigation in...

Inchoate Stamped Instruments under Indian Law: Statutory Foundations, Jurisprudential Evolution and Contemporary Challenges

Date: Jun 10, 2024

Inchoate Stamped Instruments under Indian Law: Statutory Foundations, Jurisprudential Evolution and Contemporary Challenges 1. Introduction The phenomenon of inchoate stamped instruments—documents...

Contracts of Personal Service in Indian Law

Date: Jun 10, 2024

The Enforceability of Contracts of Personal Service in Indian Law: Principles, Exceptions, and Evolving Jurisprudence Introduction Contracts of personal service, by their very nature, involve a...

Territorial Jurisdiction of District Fora under Section 11(2) of the Consumer Protection Act, 1986

Date: Jun 10, 2024

An Exposition of Territorial Jurisdiction under Section 11(2) of the Consumer Protection Act, 1986 Introduction The Consumer Protection Act, 1986 (hereinafter "CPA 1986" or "the Act") was a seminal...

An Analytical Study of Stamp Duty Evasion in India

Date: Jun 10, 2024

An Analytical Study of Stamp Duty Evasion in India: Judicial Doctrines and Legislative Safeguards Introduction Stamp duty, a fiscal levy imposed on instruments that record or effectuate transactions,...

Corporate Debt Restructuring in India: Doctrinal Evolution, Regulatory Framework, and Jurisprudential Developments

Date: Jun 7, 2024

Corporate Debt Restructuring in India: Doctrinal Evolution, Regulatory Framework, and Jurisprudential Developments Introduction Corporate Debt Restructuring (“CDR”) has traversed a complex trajectory...

Sale of Mortgaged Property in India

Date: Jun 7, 2024

The Legal Framework Governing Sale of Mortgaged Property in India: An Analytical Review Introduction The mortgage, as a security interest, plays a pivotal role in facilitating credit and commerce....

Analysis of Section 41 of the NDPS Act, 1985

Date: Jun 7, 2024

The Jurisprudence of Authorization: A Scholarly Analysis of Section 41 of the NDPS Act, 1985 Introduction The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is one of India's most...

Section 48-B of the Land Acquisition Act, 1894: Scope, Limits and Jurisprudential Evolution

Date: Jun 6, 2024

Section 48-B of the Land Acquisition Act, 1894: Scope, Limits and Jurisprudential Evolution 1. Introduction Section 48-B, introduced by the Land Acquisition (Tamil Nadu Amendment) Act, 1996,...

Defective Power of Attorney in Indian Law: Procedural Pitfalls and Substantive Consequences

Date: Jun 6, 2024

Defective Power of Attorney in Indian Law: Procedural Pitfalls and Substantive Consequences Introduction A power of attorney (POA) is a cornerstone of Indian private and commercial law, empowering an...

Child Witness Testimony under Indian Law

Date: Jun 6, 2024

Child Witness Testimony under Indian Law: Evidentiary Standards, Judicial Approaches, and Emerging Safeguards 1. Introduction Child witnesses occupy a paradoxical position in Indian criminal justice:...

Res inter alios acta: Revisiting a Classical Exclusionary Rule in Indian Evidence Law

Date: Jun 6, 2024

Res inter alios acta: Revisiting a Classical Exclusionary Rule in Indian Evidence Law I. Introduction The Latin maxim res inter alios acta alteri nocere non debet – “things done between others ought...

Order XIV Rule 5 CPC – Power to Amend or Strike Out Issues: A Critical Indian Law Analysis

Date: Jun 5, 2024

Order XIV Rule 5 CPC – Power to Amend or Strike Out Issues: A Critical Indian Law Analysis Introduction The framing of issues constitutes the spine of a civil trial, for it delineates the factual and...

Input Tax Credit in India

Date: Jun 4, 2024

Navigating the Labyrinth of Input Tax Credit in India: Judicial Interpretation and Statutory Imperatives Introduction Input Tax Credit (ITC) is a cornerstone of modern indirect tax systems, designed...

Limitation under the Wakf Acts: Legislative Evolution and Judicial Interpretation

Date: Jun 4, 2024

Limitation under the Wakf Acts: Legislative Evolution and Judicial Interpretation 1. Introduction Questions of limitation occupy a pivotal place in Indian wakf jurisprudence. While the institution of...

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