India Columns

Analysis of Section 380 IPC

Date: Jan 9, 2024

An Analysis of Section 380 of the Indian Penal Code: Theft in Dwelling Houses and Places for Custody of Property I. Introduction Section 380 of the Indian Penal Code, 1860 (IPC) addresses the offence...

Section 380 IPC – Theft in Dwelling-house: Statutory Scope, Evidentiary Standards, and Jurisprudential Developments

Date: Jan 9, 2024

Section 380 of the Indian Penal Code: Statutory Scope, Evidentiary Standards, and Jurisprudential Developments 1. Introduction Section 380 of the Indian Penal Code, 1860 (“IPC”) criminalises theft...

Production Sharing Contracts in India: Constitutional, Contractual, and Arbitral Dimensions

Date: Jan 9, 2024

Production Sharing Contracts in India: Constitutional, Contractual, and Arbitral Dimensions Introduction Production Sharing Contracts (PSCs) constitute the principal legal mechanism through which the...

Article 253 of the Constitution of India

Date: Jan 8, 2024

Article 253 of the Constitution of India: Parliamentary Supremacy in Implementing International Obligations Introduction Article 253 of the Constitution of India stands as a pivotal provision that...

Typographical Errors in Affidavits: An Indian Judicial Perspective

Date: Jan 8, 2024

The Legal Conundrum of Typographical Errors in Affidavits: An Indian Judicial Perspective Introduction An affidavit, a sworn statement of facts made voluntarily by an individual (the deponent) under...

Reciprocal Promise Breach in Indian Contract Law

Date: Jan 5, 2024

The Jurisprudence of Reciprocal Promise Breach in Indian Contract Law Introduction The Indian Contract Act, 1872 (hereinafter "ICA, 1872"), provides a comprehensive framework governing contractual...

Building and Other Construction Workers’ Welfare Cess Act 1996 — Constitutional Foundations, Judicial Interpretation, and Implementation Challenges

Date: Jan 5, 2024

Building and Other Construction Workers’ Welfare Cess Act 1996 — Constitutional Foundations, Judicial Interpretation, and Implementation Challenges 1. Introduction The Building and Other Construction...

Provisional Release of Goods in India: A Scholarly Analysis

Date: Jan 4, 2024

Provisional Release of Goods in India: A Scholarly Analysis Introduction The provisional release of goods seized by governmental authorities is a critical facet of administrative and criminal...

Section 25-F of the Industrial Disputes Act, 1947: Jurisprudential Evolution and Contemporary Application

Date: Jan 4, 2024

Section 25-F of the Industrial Disputes Act, 1947: Jurisprudential Evolution and Contemporary Application 1. Introduction Section 25-F of the Industrial Disputes Act, 1947 (hereinafter “IDA”)...

Post-Nuptial Agreements under Indian Law: Contractual Autonomy, Public Policy, and Judicial Attitudes

Date: Jan 3, 2024

Post-Nuptial Agreements under Indian Law: Contractual Autonomy, Public Policy, and Judicial Attitudes Introduction Post-nuptial agreements—defined as private instruments executed after a valid...

Rule 6(3) of the CENVAT Credit Rules, 2004: Jurisprudential Evolution and Contemporary Scope

Date: Jan 3, 2024

Rule 6(3) of the CENVAT Credit Rules, 2004: Jurisprudential Evolution and Contemporary Scope 1. Introduction The CENVAT Credit Rules, 2004 (hereinafter “CCR 2004”) constitute the backbone of India’s...

Section 494 IPC: The Criminalisation of Bigamy in India

Date: Jan 3, 2024

Section 494 IPC: The Criminalisation of Bigamy in India Introduction Section 494 of the Indian Penal Code, 1860 (“IPC”) makes the act of contracting a second marriage during the subsistence of a...

Transfer of the Right to Use Goods in Indian Tax Jurisprudence

Date: Jan 2, 2024

Transfer of the Right to Use Goods in Indian Tax Jurisprudence: Constitutional Architecture, Doctrinal Evolution and Contemporary Challenges 1 Introduction The expression “transfer of the right to...

The Validity of Customary Divorce in Indian Law

Date: Jan 2, 2024

The Legal Edifice of Customary Divorce in India: A Scholarly Analysis Introduction The institution of marriage in India, while predominantly governed by statutory enactments, also acknowledges the...

Analysis of Section 178 of the Bombay Land Revenue Code, 1879

Date: Dec 29, 2023

An Exposition of Section 178 of the Bombay Land Revenue Code, 1879: Application to Set Aside Sale of Immovable Property Introduction The Bombay Land Revenue Code, 1879 (hereinafter "BLRC"), stands as...

Consequences of Non-Transfer of Motor Insurance Policies in India

Date: Dec 29, 2023

Consequences of Non-Transfer of Motor Insurance Policies upon Vehicle Conveyance in India 1. Introduction The seamless continuity of insurance cover is integral to the statutory scheme governing...

Section 156(1) CrPC: Scope, Limits, and Jurisprudential Trajectory

Date: Dec 28, 2023

Section 156(1) CrPC: Scope, Limits, and Jurisprudential Trajectory Introduction Section 156(1) of the Code of Criminal Procedure, 1973 (“CrPC”) vests every officer in charge of a police station with...

Presumptions under Section 21 of the Hindu Succession Act, 1956

Date: Dec 27, 2023

Revisiting Presumptions under Section 21 of the Hindu Succession Act, 1956: Doctrinal Foundations, Judicial Trends, and Practical Implications 1. Introduction Section 21 of the Hindu Succession Act,...

Demurrage and Detention in Indian Law: A Scholarly Analysis

Date: Dec 22, 2023

The Dichotomy of Demurrage and Detention in Indian Law: An Analysis of Custodial Rights and Importer Liabilities I. Introduction Demurrage and detention charges represent a critical, yet frequently...

An Analysis of Rash and Negligent Driving under Indian Law

Date: Dec 22, 2023

A Juridical Exposition of Rash and Negligent Driving in India: Doctrines, Proof, and Consequences Introduction The menace of rash and negligent driving poses a significant threat to public safety on...

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