India Columns

Dishonest Concealment of Fact under Indian Law

Date: May 14, 2024

Dishonest Concealment of Fact under Indian Law: Elements, Applications, and Judicial Interpretation Introduction The concept of "dishonest concealment of fact" is a critical element in various...

Re-Cross-Examination of a Witness under Indian Law: Statutory Foundations, Jurisprudential Developments, and Contemporary Challenges

Date: May 14, 2024

Re-Cross-Examination of a Witness under Indian Law: Statutory Foundations, Jurisprudential Developments, and Contemporary Challenges 1 Introduction Among the procedural guarantees that animate the...

Rule 8 of the Security Interest (Enforcement) Rules, 2002: Judicial Interpretation and Procedural Imperatives

Date: May 13, 2024

Rule 8 of the Security Interest (Enforcement) Rules, 2002: Judicial Interpretation and Procedural Imperatives Introduction Rule 8 of the Security Interest (Enforcement) Rules, 2002 (“2002 Rules”)...

Analysis of Section 7-B of the Indian Telegraph Act, 1885

Date: May 10, 2024

The Evolving Jurisprudence of Section 7-B of the Indian Telegraph Act, 1885: From Jurisdictional Ouster to Remedial Election I. Introduction Section 7-B of the Indian Telegraph Act, 1885[18]...

Analysis of Sections 8 and 18 of the NDPS Act, 1985

Date: May 10, 2024

Prohibition and Punishment concerning Opium under the Narcotic Drugs and Psychotropic Substances Act, 1985: An Analysis of Sections 8 and 18 I. Introduction The Narcotic Drugs and Psychotropic...

Parity and Anticipatory Bail in India: Doctrinal Contours and Jurisprudential Trends

Date: May 10, 2024

Parity and Anticipatory Bail in India: Doctrinal Contours and Jurisprudential Trends 1. Introduction Anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (“CrPC”) is a...

Emergency Powers of the Vice-Chancellor in Indian Universities

Date: May 10, 2024

The Vice-Chancellor's Emergency Powers in Indian Universities: A Legal Disquisition Introduction The office of the Vice-Chancellor (VC) in Indian universities is pivotal, embodying the principal...

Analysis of Section 164 of the Maharashtra Co-operative Societies Act, 1960

Date: May 10, 2024

An Exposition of Section 164 of the Maharashtra Co-operative Societies Act, 1960: The Imperative of Pre-Suit Notice Introduction The Maharashtra Co-operative Societies Act, 1960 (hereinafter "MCS...

Analysis of Section 48, Land Acquisition Act, 1894

Date: May 10, 2024

The Scope and Application of Section 48 of the Land Acquisition Act, 1894: Withdrawal, Compensation, and Re-conveyance Introduction The Land Acquisition Act, 1894 (hereinafter "LAA 1894"), now...

The Legal Framework of Class II Heirs under the Hindu Succession Act, 1956

Date: May 10, 2024

The Legal Framework of Class II Heirs under the Hindu Succession Act, 1956: A Juridical Analysis Introduction The Hindu Succession Act, 1956 (hereinafter "the Act") represents a watershed moment in...

Powers of a Judicial Magistrate in India

Date: May 9, 2024

The Multifaceted Powers of Judicial Magistrates in the Indian Criminal Justice System: A Doctrinal and Procedural Analysis Introduction The Judicial Magistrate stands as a cornerstone in the edifice...

Section 212 CrPC: Particulars of a Charge in Indian Criminal Procedure

Date: May 9, 2024

Section 212 of the Code of Criminal Procedure, 1973: Jurisprudence, Purpose, and Practical Challenges Introduction The framing of an accurate, intelligible, and legally sound charge is the sine qua...

Reversal of CENVAT Credit under Indian Indirect Tax Jurisprudence

Date: May 9, 2024

Reversal of CENVAT Credit under Indian Indirect Tax Jurisprudence 1. Introduction The Central Value Added Tax (CENVAT) mechanism, introduced to obviate the cascading effect of taxation on goods and...

Legal Framework for Victims of Acid Attacks in India: A Critical Analysis

Date: May 9, 2024

Legal Protections and Compensation for Victims of Acid Attacks in India: A Judicial and Legislative Evolution Introduction Acid attacks, a particularly heinous form of gender-based violence, inflict...

Ubi Jus Ibi Remedium: Evolution and Contemporary Significance in Indian Constitutional Jurisprudence

Date: May 9, 2024

Ubi Jus Ibi Remedium: Evolution and Contemporary Significance in Indian Constitutional Jurisprudence Introduction Latin maxims have long served as concise repositories of legal reasoning. Among them,...

An Analysis of Section 9 of the Hindu Marriage Act, 1955: Restitution of Conjugal Rights

Date: May 8, 2024

A Critical Examination of Section 9 of the Hindu Marriage Act, 1955: The Remedy of Restitution of Conjugal Rights in Indian Matrimonial Law Introduction Section 9 of the Hindu Marriage Act, 1955...

Analysis of Section 119 of the Income Tax Act, 1961

Date: May 8, 2024

The Scope, Binding Nature, and Judicial Interpretation of Powers under Section 119 of the Income Tax Act, 1961 Introduction Section 119 of the Income Tax Act, 1961 (hereinafter "the Act")[1],...

The Law of Subsequent Pleadings in India: Navigating Replication and Rejoinder

Date: May 7, 2024

The Law of Subsequent Pleadings in India: Navigating Replication and Rejoinder under the Civil Procedure Code Introduction The edifice of civil adjudication in India is built upon the foundation of...

Replication as a Component of Pleadings under Indian Civil Procedure

Date: May 7, 2024

Replication as a Component of Pleadings under Indian Civil Procedure Introduction Order VI Rule 1 of the Code of Civil Procedure, 1908 (“CPC”) defines “pleading” restrictively as the plaint and the...

Power Coupled with a Duty in Indian Law

Date: May 7, 2024

The Doctrine of Power Coupled with a Duty in Indian Administrative Law: A Juridical Analysis Introduction In the realm of administrative law, the exercise of power by public authorities is a subject...

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