India Columns

Civil Court Jurisdiction Is Not Ousted: Contemporary Indian Doctrine and Jurisprudence

Date: Oct 18, 2023

Civil Court Jurisdiction Is Not Ousted: Contemporary Indian Doctrine and Jurisprudence 1. Introduction Indian civil courts exercise plenary jurisdiction over “all suits of a civil nature” unless such...

Adverse Inference in Indian Law

Date: Oct 18, 2023

Adverse Inference in Indian Litigation: Statutory Foundations, Judicial Tests, and Contemporary Limits 1. Introduction The doctrine of adverse inference enables a court to presume that evidence...

Arrest and Detention of Judgment Debtors in India: Constitutional and Procedural Perspectives

Date: Oct 18, 2023

Arrest and Detention of Judgment Debtors in India: Constitutional and Procedural Perspectives Abstract Arrest and detention of judgment debtors remain controversial in Indian civil procedure,...

Material Misrepresentation and Fraudulent Statements in Indian Law

Date: Oct 18, 2023

An Exposition of Material Misrepresentation and Fraudulent Statements under Indian Law Introduction The concepts of material misrepresentation and fraudulent statement are cornerstones of contractual...

An Analysis of the Tamil Nadu Suspension of Sentence Rules, 1982

Date: Oct 17, 2023

A Juridical Analysis of the Tamil Nadu Suspension of Sentence Rules, 1982 Introduction The administration of criminal justice involves not only the adjudication of guilt and imposition of sentence...

The Legal Landscape of Tuition Fee Refunds in Indian Educational Institutions

Date: Oct 16, 2023

Navigating the Labyrinth of Tuition Fee Refunds in Indian Educational Institutions: A Legal Analysis Introduction The issue of refunding tuition fees upon a student's withdrawal from an educational...

Compulsory Registration under Section 17 of the Registration Act, 1908: A Jurisprudential Analysis

Date: Oct 16, 2023

Compulsory Registration under Section 17 of the Registration Act, 1908: A Jurisprudential Analysis Introduction Section 17 of the Registration Act, 1908 (hereinafter “the Act”) lies at the doctrinal...

Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: Jurisdictional Dynamics and Direct Cognizance

Date: Oct 12, 2023

Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: Jurisdictional Dynamics and Direct Cognizance Abstract: Section 14 of the Scheduled Castes and the...

Karnataka Minimum Wages Rules — Doctrine, Procedure, and Judicial Control

Date: Oct 12, 2023

Karnataka Minimum Wages Rules — Doctrine, Procedure, and Judicial Control 1. Introduction The Minimum Wages Act, 1948 (“the Act”) constitutes a cornerstone of Indian labour legislation, obligating...

Non-Responsive Bids under Indian Public Procurement Law: Doctrinal Foundations and Judicial Trends

Date: Oct 12, 2023

Non-Responsive Bids under Indian Public Procurement Law: Doctrinal Foundations and Judicial Trends I. Introduction Public procurement in India hinges on the twin pillars of transparency and...

Statutory Control over Alienation of Trust Property: An Analysis of Section 36 of the Bombay Public Trusts Act, 1950

Date: Oct 12, 2023

Statutory Control over Alienation of Trust Property: An Analysis of Section 36 of the Bombay Public Trusts Act, 1950 Introduction The alienation of immovable property belonging to public, religious,...

Change in Land Use in India: Constitutional Mandates, Statutory Framework, and Judicial Control

Date: Oct 11, 2023

Change in Land Use in India: Constitutional Mandates, Statutory Framework, and Judicial Control Introduction Economic growth, rapid urbanisation, and environmental imperatives have rendered the...

Navigating Abatement: Legal Representatives in Indian Civil Procedure

Date: Oct 11, 2023

Navigating Abatement: The Role and Substitution of Legal Representatives in Indian Civil Procedure Introduction The adversarial system of justice in India, governed largely by the Code of Civil...

The Indian Evidence Act, 1872: Principles and Judicial Interpretation

Date: Oct 11, 2023

The Indian Evidence Act, 1872: A Comprehensive Analysis of its Principles and Judicial Interpretation 1. Introduction The Indian Evidence Act, 1872 (hereinafter "the Act"), stands as a cornerstone of...

The Procedural Cornerstone of Civil Adjudication: An Analysis of Admission and Denial of Documents in Indian Law

Date: Oct 10, 2023

The Procedural Cornerstone of Civil Adjudication: An Analysis of Admission and Denial of Documents in Indian Law Introduction The edifice of civil justice rests upon procedural mechanisms designed to...

Conversion of Leasehold to Freehold in India: Evolving Doctrine, Statutory Framework, and Jurisprudential Trends

Date: Oct 9, 2023

Conversion of Leasehold to Freehold in India: Evolving Doctrine, Statutory Framework, and Jurisprudential Trends 1. Introduction The transition of immovable property from leasehold tenure to freehold...

Analysis of Section 24 of the Income Tax Act, 1961

Date: Oct 9, 2023

Deciphering Section 24 of the Income Tax Act, 1961: Deductions from Income from House Property Introduction Section 24 of the Income Tax Act, 1961 (hereinafter "the Act") is a pivotal provision that...

The Immoral Traffic (Prevention) Act, 1956: A Critical Analysis

Date: Oct 9, 2023

The Immoral Traffic (Prevention) Act, 1956: A Critical Analysis of its Legislative Intent, Judicial Interpretation, and Efficacy in India Introduction The Immoral Traffic (Prevention) Act, 1956...

Bail under Section 437 Cr.P.C.

Date: Oct 7, 2023

An Exposition of Bail Jurisprudence under Section 437 of the Code of Criminal Procedure, 1973 Introduction The grant of bail in non-bailable offences by courts other than the High Court or the Court...

The Constitutional Mandate of Medical Care in India: An Evolving Jurisprudence

Date: Oct 6, 2023

The Constitutional Mandate of Medical Care in India: An Evolving Jurisprudence Introduction The right to health and medical care, while not explicitly enumerated as a fundamental right in the...

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