India Columns

Splitting up of Cause of Action under Indian Civil Procedure

Date: Apr 30, 2025

Splitting up of Cause of Action under Indian Civil Procedure Introduction The mandate that a litigant must bring the whole of his claim arising from a single cause of action in one proceeding is a...

Special Law Prevails Over General Law in India

Date: Apr 30, 2025

The Doctrine of Generalia Specialibus Non Derogant: Its Application and Interpretation in Indian Law Introduction The landscape of Indian jurisprudence is characterized by a multitude of statutes,...

Reassessing Section 138 of the Negotiable Instruments Act: Contemporary Indian Jurisprudence

Date: Apr 30, 2025

Reassessing Section 138 of the Negotiable Instruments Act: Contemporary Indian Jurisprudence Introduction Section 138 of the Negotiable Instruments Act, 1881 (hereinafter “NI Act”) has evolved into...

Reconciling Urban Development and Rule of Law: The Jurisprudence on Regularization of Unauthorized Construction in India

Date: Apr 29, 2025

Reconciling Urban Development and Rule of Law: The Jurisprudence on Regularization of Unauthorized Construction in India Introduction India’s urban transformation has been accompanied by an alarming...

The Emblems and Names (Prevention of Improper Use) Act, 1950

Date: Apr 29, 2025

The Emblems and Names (Prevention of Improper Use) Act, 1950: A Legal Analysis of its Scope, Application, and Judicial Interpretation in India Introduction The Emblems and Names (Prevention of...

The Payment of Gratuity Act, 1972: A Comprehensive Legal Analysis

Date: Apr 29, 2025

An Analytical Study of the Payment of Gratuity Act, 1972: Key Principles, Judicial Interpretations, and Evolving Scope in India Introduction The Payment of Gratuity Act, 1972 (hereinafter "the Act"...

Irregular Exercise of Jurisdiction under Indian Law

Date: Apr 29, 2025

Irregular Exercise of Jurisdiction: Constitutional and Procedural Dimensions in Indian Law Introduction The expression “irregular exercise of jurisdiction” permeates Indian procedural and...

Re-examining Section 139 of the Negotiable Instruments Act, 1881: Scope, Presumptions, and Burden of Proof

Date: Apr 28, 2025

Re-examining Section 139 of the Negotiable Instruments Act, 1881: Scope, Presumptions, and Burden of Proof 1. Introduction Section 139 of the Negotiable Instruments Act, 1881 (“NI Act”) introduces a...

Analysis of Section 314 IPC

Date: Apr 28, 2025

An Analysis of Section 314 of the Indian Penal Code, 1860: Causing Death by an Act Done with Intent to Cause Miscarriage Introduction Section 314 of the Indian Penal Code, 1860 (IPC) addresses the...

Defamation in the Digital Age: Navigating Reputation and Free Speech on Social Media in India

Date: Apr 28, 2025

Defamation in the Digital Age: Navigating Reputation and Free Speech on Social Media in India Introduction The proliferation of social media platforms has fundamentally altered the landscape of...

Disproportionate Asset Cases in India

Date: Apr 28, 2025

An Analytical Study of Disproportionate Asset Cases under Indian Anti-Corruption Jurisprudence Introduction Cases involving disproportionate assets (DA) held by public servants constitute a critical...

Possession of Disproportionate Assets in India

Date: Apr 28, 2025

The Offence of Possession of Disproportionate Assets in India: A Comprehensive Legal Analysis Introduction The offence of possession of disproportionate assets by a public servant is a cornerstone of...

Adjudication of Resistance in Execution: A Critical Analysis of Order XXI Rules 97 & 101 CPC

Date: Apr 28, 2025

Adjudication of Resistance in Execution: A Critical Analysis of Order XXI Rules 97 & 101 of the Code of Civil Procedure, 1908 1. Introduction Order XXI of the Code of Civil Procedure, 1908 (“CPC”)...

Complainant Turning Hostile in Indian Criminal Trials: Evidentiary Challenges and Judicial Responses

Date: Apr 27, 2025

Complainant Turning Hostile in Indian Criminal Trials: Evidentiary Challenges and Judicial Responses 1. Introduction The phenomenon of a complainant, or any material prosecution witness, retracting...

Eighth Exception to Section 499 IPC: Accusation in Good Faith to Lawful Authority

Date: Apr 27, 2025

Eighth Exception to Section 499 IPC: Accusation in Good Faith to Lawful Authority Abstract The eighth exception to Section 499 of the Indian Penal Code, 1860 (IPC) removes criminal liability for...

Hostile Witnesses in Indian Criminal Trials: Doctrinal Evolution, Evidentiary Value, and Reform Imperatives

Date: Apr 27, 2025

Hostile Witnesses in Indian Criminal Trials: Doctrinal Evolution, Evidentiary Value, and Reform Imperatives 1. Introduction The phenomenon of a “hostile witness” – a witness who resiles from,...

Panch Witnesses and the Conundrum of Hostility in Indian Criminal Jurisprudence

Date: Apr 27, 2025

Panch Witnesses and the Conundrum of Hostility in Indian Criminal Jurisprudence Introduction The edifice of criminal justice in India rests significantly on the integrity of evidence collection and...

Liquidated Damages under Indian Contract Law: Doctrinal Evolution and Contemporary Judicial Trends

Date: Apr 27, 2025

Liquidated Damages under Indian Contract Law: Doctrinal Evolution and Contemporary Judicial Trends 1. Introduction The Indian law of contract, largely codified in the Indian Contract Act, 1872 (ICA),...

The Hostile Witness in Indian Criminal Jurisprudence: An Evidentiary Conundrum

Date: Apr 27, 2025

The Hostile Witness in Indian Criminal Jurisprudence: An Evidentiary Conundrum Introduction The phenomenon of a witness turning hostile, that is, resiling from a prior statement made to the police or...

Analysis of Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957

Date: Apr 25, 2025

Cognizance of Offences under the Mines and Minerals (Development and Regulation) Act, 1957: An Analysis of Section 22 and its Judicial Interpretation in India Introduction The Mines and Minerals...