India Columns

Analysis of Section 201 of the Income Tax Act, 1961

Date: Feb 13, 2024

Deconstructing Section 201 of the Income Tax Act, 1961: A Judicial Exposition on the Consequences of TDS Default Introduction The mechanism of Tax Deducted at Source (TDS) is a cornerstone of the...

Analysis of Order 39 Rule 3 CPC

Date: Feb 13, 2024

The Mandate of Natural Justice in Ex Parte Injunctions: A Critical Analysis of Order 39 Rule 3 of the Code of Civil Procedure, 1908 Introduction The power of civil courts in India to grant temporary...

Article 234 of the Constitution of India: Recruitment to the Subordinate Judiciary

Date: Feb 12, 2024

Article 234 of the Constitution of India: A Comprehensive Analysis of Recruitment to the Subordinate Judiciary Introduction Article 234 of the Constitution of India forms a cornerstone in the...

The Doctrine of Arbitrariness and Discretionary Power in Indian Law

Date: Feb 12, 2024

The Rule of Law Over the Rule of Discretion: A Judicial Scrutiny of Arbitrariness in Indian Administrative Law I. Introduction: The Constitutional Mandate Against Arbitrariness In a constitutional...

The Principle of "Two Possible Views" in Indian Judicial Adjudication

Date: Feb 11, 2024

The Principle of "Two Possible Views" in Indian Judicial Adjudication Introduction The administration of justice in India, as in any mature legal system, frequently confronts situations of...

Appellate Mechanism under the Consumer Protection Act, 1986: A Critical Analysis of Section 15

Date: Feb 8, 2024

Appellate Mechanism under the Consumer Protection Act, 1986: A Critical Analysis of Section 15 1. Introduction Section 15 of the Consumer Protection Act, 1986 (“CPA 1986”) constitutes the statutory...

Analysis of Fundamental Rule 9(21)(a)(i)

Date: Feb 7, 2024

The Definition of 'Pay' under Fundamental Rule 9(21)(a)(i): Judicial Scrutiny and Implications in Indian Service Jurisprudence Introduction The Fundamental Rules (F.R.), applicable to Central...

Reassessing the Indian Succession Act, 1925: Contemporary Jurisprudence and Constitutional Integration

Date: Feb 7, 2024

Reassessing the Indian Succession Act, 1925: Contemporary Jurisprudence and Constitutional Integration Introduction The Indian Succession Act, 1925 (“ISA”) was enacted with the stated objective of...

The Scope and Limitations of Section 152 of the Civil Procedure Code: A Judicial Exposition

Date: Feb 7, 2024

The Scope and Limitations of Section 152 of the Civil Procedure Code: A Judicial Exposition Introduction The principle of finality of judgments, or res judicata, is a cornerstone of the Indian...

Analysis of Section 15(2)(a) of the Hindu Succession Act, 1956

Date: Feb 7, 2024

Devolution of Property Inherited from Parents: An Analysis of Section 15(2)(a) of the Hindu Succession Act, 1956 Introduction The Hindu Succession Act, 1956 (hereinafter "HSA, 1956") codified the law...

Release of Attached Property in Indian Law: Procedural Framework and Judicial Trends

Date: Feb 6, 2024

Release of Attached Property in Indian Law: Procedural Framework and Judicial Trends Introduction Attachment of property is a powerful interim or consequential measure employed by civil and criminal...

The Legal Framework of Wilful Default in India

Date: Feb 6, 2024

The Legal Framework of Wilful Default in India: An Analysis of RBI's Regulatory Scheme and Judicial Scrutiny Introduction The concept of 'wilful default' within the Indian banking sector is a...

The Punjab Pre-emption Act, 1913: A Century of Judicial Evolution

Date: Feb 5, 2024

The Punjab Pre-emption Act, 1913: A Century of Judicial Evolution and Constitutional Scrutiny Introduction The Punjab Pre-emption Act, 1913 (hereinafter "the Act" or "the 1913 Act"), stands as a...

Judicial Separation under Section 10 of the Hindu Marriage Act, 1955

Date: Feb 5, 2024

Judicial Separation under Section 10 of the Hindu Marriage Act, 1955: A Comprehensive Analysis Introduction Section 10 of the Hindu Marriage Act, 1955 (hereinafter "HMA, 1955" or "the Act") provides...

The Power of Review in Indian Law: A Study of Inherent Limitations and Statutory Grants

Date: Feb 5, 2024

The Power of Review in Indian Law: A Study of Inherent Limitations and Statutory Grants Introduction The principle of finality of judgments, encapsulated in the doctrine of res judicata, is a...

Analysis of Section 20 of the Specific Relief Act, 1963

Date: Feb 2, 2024

Judicial Discretion in Specific Performance: An Analysis of Section 20 of the Specific Relief Act, 1963 (Pre-2018 Amendment) Introduction The remedy of specific performance, compelling a party to...

Jurisprudence of Spousal Postings in Indian Public Service

Date: Feb 2, 2024

Navigating the Labyrinth: The Jurisprudence of Spousal Postings in Indian Public Service I. Introduction The framework of public employment in India, particularly within All-India Services and...

Second Application for Temporary Injunction under Indian Civil Procedure

Date: Feb 2, 2024

Re-Litigation of Interim Relief: The Legal Position of a Second Application for Temporary Injunction in India Introduction The Code of Civil Procedure, 1908 (“CPC”) empowers civil courts to issue...

The Evidentiary Value of Fingerprint Expert Opinions in Indian Law: From a Rule of Caution to an Exact Science

Date: Feb 2, 2024

The Evidentiary Value of Fingerprint Expert Opinions in Indian Law: From a Rule of Caution to an Exact Science I. Introduction The opinion of a fingerprint expert occupies a unique and evolving...

Order 21 Rule 102 CPC: Transferees Pendente Lite

Date: Feb 2, 2024

The Bar Against Transferees Pendente Lite: An Analysis of Order 21 Rule 102 of the Civil Procedure Code, 1908 in India Introduction The execution of decrees is the final and most crucial stage in...

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