India Columns

Arrears of Municipal Tax in India: A Legal Analysis

Date: Jun 4, 2024

Navigating the Labyrinth of Municipal Tax Arrears in India: Legal Framework, Priority, and Purchaser Liability Introduction Municipal taxes form a critical revenue stream for urban local bodies in...

Disputed Questions of Fact and Writ Maintainability in India

Date: Jun 3, 2024

Navigating the Labyrinth: Maintainability of Writ Petitions Involving Disputed Questions of Fact in India Introduction The extraordinary writ jurisdiction vested in the High Courts under Article 226...

Executing Court Cannot Go Behind the Decree

Date: May 31, 2024

The Doctrine of Finality: An Analysis of the Executing Court's Inability to Go Behind the Decree in Indian Law Introduction The principle that an executing court cannot go behind the decree is a...

Analysis of Remand Orders as Interlocutory Orders in Indian Law

Date: May 31, 2024

The Dichotomy of Finality: An Analysis of Remand Orders as Interlocutory Orders in Indian Law Introduction In the procedural landscape of Indian jurisprudence, the classification of a judicial order...

Damages for Loss of Reputation in Indian Law

Date: May 31, 2024

Compensatory Jurisprudence for Reputational Harm in India: A Legal Analysis Introduction Reputation, in the legal parlance of India, is recognized as a cherished and invaluable asset. The Supreme...

Specific Performance of Contracts in India: Navigating the Rights of Subsequent Purchasers

Date: May 31, 2024

Specific Performance of Contracts in India: Navigating the Rights and Liabilities of Subsequent Purchasers Introduction The remedy of specific performance, rooted in equity, compels a party to...

Ordinary Course of Business in Indian Law

Date: May 30, 2024

The Legal Labyrinth of "Ordinary Course of Business" in Indian Law Introduction The expression "ordinary course of business" is a ubiquitous yet nuanced term within the Indian legal framework,...

Alternative Dispute Resolution in India: Jurisprudential Developments and Contemporary Challenges

Date: May 30, 2024

Alternative Dispute Resolution in India: Jurisprudential Developments and Contemporary Challenges 1. Introduction Alternative Dispute Resolution (“ADR”) has emerged as an indispensable complement to...

Constitutional Architecture and Judicial Scrutiny of the Transaction of Business Rules in India

Date: May 30, 2024

Constitutional Architecture and Judicial Scrutiny of the Transaction of Business Rules in India Introduction The Government of India (Transaction of Business) Rules, 1961 (“ToB Rules”) and their...

Grant of Police Aid in India

Date: May 30, 2024

The Grant of Police Aid in Civil Adjudication in India: A Scholarly Examination of Legal Principles and Judicial Precedents I. Introduction The efficacy of the judicial process in India hinges not...

Analysis of Section 12(1)(d) of the Hindu Marriage Act, 1955

Date: May 30, 2024

An Analysis of Section 12(1)(d) of the Hindu Marriage Act, 1955: Pre-Nuptial Pregnancy by a Third Party as a Ground for Annulment Introduction The Hindu Marriage Act, 1955 (hereinafter "HMA" or "the...

An Analytical Study of Gair Mumkin Land in Indian Revenue and Property Law

Date: May 29, 2024

An Analytical Study of Gair Mumkin Land in Indian Revenue and Property Law Introduction The term 'gair mumkin', an Urdu phrase frequently encountered in Indian revenue and land records, literally...

Appointed Date in Corporate Amalgamation under Indian Law: Judicial and Statutory Perspectives

Date: May 29, 2024

Appointed Date in Corporate Amalgamation under Indian Law: Judicial and Statutory Perspectives Introduction The “appointed date” is the fulcrum upon which the legal consequences of an amalgamation...

Analysis of Order 39 Rule 2A CPC

Date: May 28, 2024

Enforcement of Interim Injunctions: A Comprehensive Analysis of Order 39 Rule 2A of the Code of Civil Procedure, 1908 in India Introduction The Code of Civil Procedure, 1908 (CPC) provides a...

The Constitutional Conundrum of Equality: Examining the Impermissibility of Treating Unequals Equally under Indian Law

Date: May 28, 2024

The Constitutional Conundrum of Equality: Examining the Impermissibility of Treating Unequals Equally under Indian Law Introduction The principle of equality, enshrined in Article 14 of the...

Pecuniary Jurisdiction of District Consumer Fora in India

Date: May 27, 2024

Pecuniary Jurisdiction of District Consumer Fora in India: An Analytical Review Introduction The framework of consumer protection in India, primarily governed by the Consumer Protection Act, 1986...

“Missing Presumed Dead” in Indian Law: Evidentiary Presumptions, Temporal Uncertainty, and Practical Consequences

Date: May 27, 2024

“Missing Presumed Dead” in Indian Law: Evidentiary Presumptions, Temporal Uncertainty, and Practical Consequences Introduction The disappearance of an individual for a prolonged period generates...

Analysis of Section 81 of the Delhi Land Reforms Act, 1954

Date: May 24, 2024

An Analysis of Section 81 of the Delhi Land Reforms Act, 1954: Ejectment for Misuse of Agricultural Land and the Interplay with Urbanization Introduction Section 81 of the Delhi Land Reforms Act,...

The Validity and Operational Lifespan of Select Lists in Indian Public Employment Law

Date: May 23, 2024

The Validity and Operational Lifespan of Select Lists in Indian Public Employment Law Introduction The process of public employment in India is predominantly channelized through competitive...

Section 49 of the Foreign Exchange Management Act, 1999: Repeal, Saving, and Sunset—A Jurisprudential Analysis

Date: May 22, 2024

Section 49 of the Foreign Exchange Management Act, 1999: Repeal, Saving, and Sunset—A Jurisprudential Analysis Introduction The Foreign Exchange Management Act, 1999 (“FEMA”) was enacted to replace...