India Columns

Material Facts and Material Particulars in Indian Pleadings

Date: May 7, 2024

Material Facts and Material Particulars in Indian Pleadings: A Judicial Exposition Introduction The distinction between "material facts" and "material particulars" is a cornerstone of pleading in...

Rejoinder and the Concept of “Pleadings” under Indian Procedural Law

Date: May 7, 2024

Rejoinder and the Concept of “Pleadings” under Indian Procedural Law 1. Introduction In Indian civil procedure, the term “pleadings” is statutorily confined to the plaint and the written...

Validating Agreements of Sale in Indian Jurisprudence

Date: May 7, 2024

Validating Agreements of Sale in Indian Jurisprudence: A Comprehensive Analysis Introduction The agreement of sale, or agreement to sell, is a foundational document in transactions involving...

SARFAESI Act Section 13(3A): Jurisprudential Evolution and Practical Implications

Date: May 7, 2024

SARFAESI Act Section 13(3A): Jurisprudential Evolution and Practical Implications Introduction Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security...

Section 22 of the Hindu Succession Act, 1956 – A Jurisprudential Analysis of the Statutory Preferential Right of Class I Heirs

Date: May 7, 2024

Section 22 of the Hindu Succession Act, 1956 – A Jurisprudential Analysis of the Statutory Preferential Right of Class I Heirs 1. Introduction Section 22 of the Hindu Succession Act, 1956 (“HSA”)...

The Jurisprudence of Withdrawal of Criminal Cases in India: A Critical Analysis

Date: May 7, 2024

The Jurisprudence of Withdrawal of Criminal Cases in India: A Critical Analysis Introduction Withdrawal of criminal proceedings occupies a unique intersection of executive discretion and judicial...

The Doctrine of Essential Legislative Function in Indian Constitutional Law

Date: May 7, 2024

The Doctrine of Essential Legislative Function in Indian Constitutional Law: A Juridical Analysis I. Introduction The constitutional framework of India, while not adhering to a rigid doctrine of...

Analysis of Section 22 of the Hindu Succession Act, 1956

Date: May 7, 2024

An Analysis of Section 22 of the Hindu Succession Act, 1956: The Preferential Right to Acquire Property Introduction Section 22 of the Hindu Succession Act, 1956 (hereinafter "HSA"), carves out a...

Permission for Secondary Evidence in India: A Procedural Analysis

Date: May 7, 2024

Demystifying the 'Permission' Requirement for Adducing Secondary Evidence under the Indian Evidence Act, 1872 Introduction The law of evidence is the bedrock upon which the edifice of judicial...

Analysis of Section 299 Cr.P.C.

Date: May 6, 2024

An Exposition of Section 299 of the Code of Criminal Procedure, 1973: Recording Evidence in the Absence of the Accused Introduction Section 299 of the Code of Criminal Procedure, 1973 (Cr.P.C.)...

Section 10 of the Unlawful Activities (Prevention) Act, 1967: Constitutional Contours and Judicial Trajectory

Date: May 6, 2024

Section 10 of the Unlawful Activities (Prevention) Act, 1967: Constitutional Contours and Judicial Trajectory Introduction Section 10 of the Unlawful Activities (Prevention) Act, 1967 (UAPA)...

Procedural Guarantees and Evidentiary Finality under Section 13(2) of the Prevention of Food Adulteration Act, 1954

Date: May 3, 2024

Procedural Guarantees and Evidentiary Finality under Section 13(2) of the Prevention of Food Adulteration Act, 1954: A Jurisprudential Analysis 1. Introduction Section 13 of the Prevention of Food...

The Doctrine of Pleasure concerning the President and Governor in India

Date: May 3, 2024

The Doctrine of Pleasure concerning the President and Governor in India: A Constitutional Analysis Introduction The doctrine of pleasure, a concept inherited from English common law, finds...

Analysis of Section 162 CrPC: Statements to Police Not to be Signed

Date: May 2, 2024

An Exposition of Section 162 of the Code of Criminal Procedure, 1973: The Rule Against Signing Police Statements and Their Use in Evidence Introduction Section 162 of the Code of Criminal Procedure,...

Set Aside Assessment in Indian Taxation Law

Date: May 2, 2024

The Doctrine of Setting Aside Assessments in Indian Taxation Law: Principles, Procedures, and Consequences Introduction The power to "set aside" an assessment is a critical component of the appellate...

Refusal to Renew Licence in India

Date: May 2, 2024

The Law on Refusal to Renew Licences in India: Principles, Procedures, and Judicial Scrutiny Introduction Licensing regimes are a fundamental aspect of regulatory governance in India, serving as a...

The Law of Light and Air in India: An Analysis of Easementary Rights, Actionable Obstruction, and Remedies

Date: May 2, 2024

The Law of Light and Air in India: An Analysis of Easementary Rights, Actionable Obstruction, and Remedies Introduction The right to receive light and air is a critical component of the peaceful...

Medical Professional Misconduct in India: A Jurisprudential and Regulatory Analysis

Date: May 2, 2024

Medical Professional Misconduct in India: A Jurisprudential and Regulatory Analysis Introduction The past five decades have witnessed an intensified judicial and regulatory engagement with questions...

Analysis of Bangalore University Statutes

Date: May 1, 2024

An Analytical Study of Bangalore University Statutes: Formation, Scope, and Judicial Interpretation Introduction Bangalore University, a prominent institution of higher learning in India, operates...

The Jurisprudence of Maternity Leave in India: A Constitutional, Statutory, and Social Justice Analysis

Date: May 1, 2024

The Jurisprudence of Maternity Leave in India: A Constitutional, Statutory, and Social Justice Analysis Introduction Maternity leave in India represents a critical intersection of labour law, gender...