India Columns

Section 113-A of the Indian Evidence Act, 1872

Date: Mar 28, 2024

Section 113-A of the Indian Evidence Act, 1872: A Judicial Disquisition on the Presumption of Abetment of Suicide by Married Women Introduction Section 113-A of the Indian Evidence Act, 1872...

Aggravating and Mitigating Circumstances in Indian Sentencing Jurisprudence

Date: Mar 27, 2024

Aggravating and Mitigating Circumstances in Indian Sentencing Jurisprudence: A Scholarly Analysis Introduction The determination of an appropriate sentence in criminal law is a task of profound...

The Nature, Admissibility, and Implications of Pure Questions of Law in Indian Jurisprudence

Date: Mar 27, 2024

The Nature, Admissibility, and Implications of Pure Questions of Law in Indian Jurisprudence Introduction The distinction between questions of law, questions of fact, and mixed questions of law and...

Development Control Regulation 33(7) in Mumbai: Constitutional Contours, Urban Renewal, and Jurisprudential Challenges

Date: Mar 26, 2024

Development Control Regulation 33(7) in Mumbai: Constitutional Contours, Urban Renewal, and Jurisprudential Challenges Introduction Development Control Regulation 33(7) (hereinafter “DCR 33(7)”) of...

Partition of Joint Family Property in India

Date: Mar 22, 2024

Partition of Joint Family Property in India: A Comprehensive Legal Analysis Introduction The concept of joint family property and its partition is a cornerstone of Hindu personal law in India,...

Ex Parte Ad Interim Injunctions in Indian Law

Date: Mar 22, 2024

Ex Parte Ad Interim Injunctions in Indian Law: Constitutional Limits, Statutory Discipline, and Jurisprudential Trends 1. Introduction The institution of ex parte ad interim relief constitutes one of...

Appealability and Appellate Standards in Interim Injunctions under Indian Law

Date: Mar 22, 2024

Appealability and Appellate Standards in Interim Injunctions under Indian Law Introduction Interim injunctions constitute one of the most frequently deployed interlocutory remedies in Indian civil...

The Jurisprudence of Vacating Interim Injunctions in Indian Civil Procedure

Date: Mar 22, 2024

The Jurisprudence of Vacating Interim Injunctions in Indian Civil Procedure: A Critical Analysis Introduction The grant of an interim injunction under Order 39 of the Code of Civil Procedure, 1908...

Ex-Parte Injunctions in Indian Civil Jurisprudence: Principles, Procedures, and Precautions

Date: Mar 22, 2024

Ex-Parte Injunctions in Indian Civil Jurisprudence: Principles, Procedures, and Precautions Introduction An ex-parte injunction is a judicial remedy granted by a court without hearing the party...

Ad-Interim Injunctions in Indian Civil Procedure

Date: Mar 22, 2024

Ad-Interim Injunctions in Indian Civil Procedure: A Scholarly Analysis of Principles and Judicial Application Introduction The ad-interim injunction is a significant provisional remedy in the Indian...

Appellate Architecture of Interim Injunctions in India: A Critical Analysis of Order XLIII Rule 1(r) CPC

Date: Mar 21, 2024

Appellate Architecture of Interim Injunctions in India: A Critical Analysis of Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 Introduction Order XLIII Rule 1(r) of the Code of Civil...

Compulsory Registration of Power of Attorney in India

Date: Mar 21, 2024

The Compulsory Registrability of a Power of Attorney in India: A Legal Analysis Introduction A Power of Attorney (PoA) is an instrument of significant legal import, empowering a specified person (the...

The Power to Recall Warrants of Arrest in India: A Procedural and Jurisprudential Analysis

Date: Mar 21, 2024

The Power to Recall Warrants of Arrest in India: A Procedural and Jurisprudential Analysis I. Introduction The warrant of arrest, a coercive instrument under the Code of Criminal Procedure, 1973...

Article 106 of the Limitation Act, 1963: Suits for Legacies and Distributive Shares

Date: Mar 20, 2024

Article 106 of the Limitation Act, 1963: A Comprehensive Analysis of Suits for Legacies and Distributive Shares Introduction The Limitation Act, 1963 (hereinafter "the Act") is a cornerstone of...

Assessable Value under Section 4 of the Central Excise Act, 1944: A Critical Analysis

Date: Mar 20, 2024

Assessable Value under Section 4 of the Central Excise Act, 1944: A Critical Analysis Introduction The concept of “assessable value” forms the cornerstone of ad valorem duties under Indian excise...

The Legal Labyrinth of Punitive Increments: An Analysis of Stoppage with Cumulative Effect in Indian Service Jurisprudence

Date: Mar 20, 2024

The Legal Labyrinth of Punitive Increments: An Analysis of Stoppage with Cumulative Effect in Indian Service Jurisprudence Introduction In the architecture of Indian service law, disciplinary...

Polygamy under Muslim Law in India: Constitutional, Statutory, and Judicial Perspectives

Date: Mar 20, 2024

Polygamy under Muslim Law in India: Constitutional, Statutory, and Judicial Perspectives Introduction The permissibility of polygamy within Islamic personal law has long occupied a contentious...

Section 45 of the Indian Evidence Act, 1872: Contemporary Perspectives on Expert Evidence

Date: Mar 19, 2024

Section 45 of the Indian Evidence Act, 1872: Contemporary Perspectives on Expert Evidence Introduction Section 45 of the Indian Evidence Act, 1872 (“IEA”) constitutes the principal statutory gateway...

The Bombay Prevention of Gambling Act, 1887: A Juridical Analysis

Date: Mar 19, 2024

An Analytical Exposition of the Bombay Prevention of Gambling Act, 1887 I. Introduction The Bombay Prevention of Gambling Act, 1887 (hereinafter "BPGA" or "the Act"), stands as a significant...

The Limited Liability Partnership Act, 2008: A Paradigm Shift in India's Corporate Jurisprudence

Date: Mar 19, 2024

The Limited Liability Partnership Act, 2008: A Paradigm Shift in India's Corporate Jurisprudence Introduction The enactment of the Limited Liability Partnership Act, 2008 (hereinafter "the LLP Act")...