India Columns

Contours of Maintainability of Intra-Court Appeals in Indian High Courts

Date: Apr 24, 2024

Contours of Maintainability of Intra-Court Appeals in Indian High Courts Introduction Intra-court appeals – alternatively labelled “Letters Patent Appeals”, “writ appeals”, or “division bench...

The Unlicensed Lender's Conundrum: Enforceability of Debts in India

Date: Apr 24, 2024

The Unlicensed Lender's Conundrum: Enforceability of Debts in the Absence of a Money Lending License in India Introduction The business of money lending in India is governed by a complex and...

Section 69 Evidence Act – Proof Where No Attesting Witness Is Found

Date: Apr 24, 2024

Section 69 of the Indian Evidence Act, 1872: Doctrinal Foundations, Judicial Trajectory, and Practical Challenges 1. Introduction Section 69 of the Indian Evidence Act, 1872 (“IEA”) provides a...

Non-Trading Corporations in Indian Jurisprudence

Date: Apr 23, 2024

Understanding Non-Trading Corporations in Indian Jurisprudence Introduction The concept of a "non-trading corporation" occupies a distinct niche within the Indian legal framework, representing...

Presumption of Authenticity: Judicial Treatment of Documents Thirty Years Old under Indian Evidence Law

Date: Apr 23, 2024

Presumption of Authenticity: Judicial Treatment of Documents Thirty Years Old under Indian Evidence Law Introduction The ability of courts to dispense with full proof of antiquated documents is...

Police Custodial Death in India: Constitutional Mandates, Statutory Frameworks, and Judicial Responses

Date: Apr 23, 2024

Police Custodial Death in India: Constitutional Mandates, Statutory Frameworks, and Judicial Responses 1. Introduction Deaths occurring within the custodial confines of law-enforcement agencies...

The Jurisprudence of Discharge under Section 227 of the Code of Criminal Procedure, 1973

Date: Apr 23, 2024

The Jurisprudence of Discharge under Section 227 of the Code of Criminal Procedure: A Critical Analysis Introduction Section 227 of the Code of Criminal Procedure, 1973 (CrPC) represents a...

Section 362 of the Indian Penal Code: Concept, Contours and Contemporary Judicial Approaches

Date: Apr 23, 2024

Section 362 of the Indian Penal Code: Concept, Contours and Contemporary Judicial Approaches Introduction Section 362 of the Indian Penal Code, 1860 (“IPC”) defines abduction in the following terms:...

The Doctrine of Substantive Ultra Vires in Indian Administrative Law

Date: Apr 23, 2024

The Doctrine of Substantive Ultra Vires in Indian Administrative Law: A Jurisprudential Analysis Introduction The doctrine of substantive ultra vires is a cornerstone of administrative law in India,...

Regulating Forest Produce Transit in Uttar Pradesh: An Analysis of the U.P. Transit of Timber and Other Forest Produce Rules, 1978

Date: Apr 23, 2024

Regulating Forest Produce Transit in Uttar Pradesh: An Analysis of the U.P. Transit of Timber and Other Forest Produce Rules, 1978 Introduction The movement of timber and other forest produce is both...

Acts Prejudicial to the Interests of the Bank: Legal Standards and Judicial Interpretation in India

Date: Apr 22, 2024

Acts Prejudicial to the Interests of the Bank: Legal Standards and Judicial Interpretation in India Introduction Indian banking service regulations uniformly characterise “doing any act prejudicial...

Analysis of Order 41 Rule 17 CPC

Date: Apr 22, 2024

Navigating Appellant's Default: An Exposition of Order 41 Rule 17 of the Code of Civil Procedure, 1908 1. Introduction The Code of Civil Procedure, 1908 (CPC) meticulously outlines the procedural...

Retracted Extra-Judicial Confessions in Indian Criminal Jurisprudence: Evidentiary Value, Prudential Safeguards and Emerging Judicial Standards

Date: Apr 22, 2024

Retracted Extra-Judicial Confessions in Indian Criminal Jurisprudence: Evidentiary Value, Prudential Safeguards and Emerging Judicial Standards 1. Introduction Extra-judicial confessions have long...

Compulsory Registration of Marriages in India: A Legal Analysis

Date: Apr 22, 2024

The Imperative of Compulsory Marriage Registration in India: A Legal Analysis Introduction The institution of marriage, deeply embedded in the socio-cultural fabric of India, has traditionally been...

Suit for Partial Partition

Date: Apr 22, 2024

The Impermissibility of Suits for Partial Partition in Indian Law: Principles, Rationale, and Exceptions Introduction The law of partition in India, particularly concerning joint properties, is...

Judicial Trends under the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997

Date: Apr 22, 2024

Judicial Trends under the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997 Introduction The Tamil Nadu Protection of Interests of Depositors (in Financial...

Analysis of Section 8(1)(h) of the RTI Act, 2005

Date: Apr 18, 2024

Navigating the Contours of Section 8(1)(h) of the Right to Information Act, 2005: An Analysis of Exemption for Impeding Investigations and Prosecutions in India Introduction The Right to Information...

Discharge in Warrant Cases under Indian Criminal Procedure

Date: Apr 18, 2024

Discharge in Warrant Cases under the Code of Criminal Procedure: Doctrinal Evolution and Contemporary Standards Introduction The concept of discharge operates as an indispensable procedural safeguard...

Mobilisation Advance Recovery in Indian Contract Law

Date: Apr 16, 2024

Mobilisation Advance Recovery: A Legal Analysis within the Indian Contractual Framework Introduction Mobilisation advance is a common feature in large-scale construction and infrastructure projects...

A Legal Analysis of Charges Over Book Debts in India

Date: Apr 16, 2024

A Legal Analysis of Charges Over Book Debts in India: Creation, Perfection, Priority, and Enforcement Introduction Book debts, representing the sums of money owed to a business by its customers for...