India Columns

Judicial Scrutiny of “B Summary Reports” under the Code of Criminal Procedure

Date: Sep 22, 2023

Judicial Scrutiny of “B Summary Reports” under the Code of Criminal Procedure Introduction The “B Summary report” occupies a distinctive place in the architecture of Indian criminal procedure. Filed...

Suit for Setting Aside Decree under Indian Law: Conceptual Foundations, Statutory Scheme, and Jurisprudential Trends

Date: Sep 22, 2023

Suit for Setting Aside Decree under Indian Law: Conceptual Foundations, Statutory Scheme, and Jurisprudential Trends 1 Introduction Finality of judicial decisions is indispensable to the...

Remand Back the Matter: Jurisprudential Analysis under Indian Law

Date: Sep 20, 2023

Remand Back the Matter: Jurisprudential Analysis under Indian Law 1. Introduction “Remand” denotes the act of an appellate or supervisory body sending a cause back to the subordinate forum for fresh,...

Abatement of Appeals under Section 394(2) Cr.P.C.: A Critical Appraisal

Date: Sep 20, 2023

Abatement of Appeals under Section 394(2) Cr.P.C.: A Critical Appraisal 1. Introduction Section 394(2) of the Code of Criminal Procedure, 1973 (“Cr.P.C.”) articulates the rule that, save for appeals...

The Jurisprudence of Affray: Deconstructing Section 160 of the Indian Penal Code

Date: Sep 20, 2023

The Jurisprudence of Affray: Deconstructing Section 160 of the Indian Penal Code Introduction Section 160 of the Indian Penal Code, 1860 (IPC), which prescribes the punishment for committing an...

The Statutory Injunction: An Analysis of Section 13(13) of the SARFAESI Act, 2002

Date: Sep 19, 2023

The Statutory Injunction: An Analysis of Section 13(13) of the SARFAESI Act, 2002 I. Introduction The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,...

Adjudication under Section 15I of the SEBI Act, 1992

Date: Sep 19, 2023

The Adjudicatory Mechanism under Section 15I of the SEBI Act, 1992: Powers, Procedures, and Judicial Contours Introduction The Securities and Exchange Board of India Act, 1992 (hereinafter "SEBI...

The Labyrinth of Staying Criminal Proceedings in India: A Judicial Discretion Guided by Precedent and Statute

Date: Sep 18, 2023

The Labyrinth of Staying Criminal Proceedings in India: A Judicial Discretion Guided by Precedent and Statute Introduction The power to stay criminal proceedings is a critical facet of the Indian...

Vertical and Horizontal Reservations in India

Date: Sep 18, 2023

Navigating the Matrix: An Analysis of Vertical and Horizontal Reservations in Indian Law Introduction The principle of affirmative action, deeply embedded in the constitutional fabric of India, seeks...

Analysis of Section 21 of the Limitation Act, 1963

Date: Sep 13, 2023

An Analytical Exposition of Section 21 of the Limitation Act, 1963: The Doctrine of Relation Back and Judicial Discretion I. Introduction The Limitation Act, 1963 ("the Act") is a cornerstone of...

Necessary Parties in a Suit for Specific Performance in India

Date: Sep 13, 2023

Determining Necessary and Proper Parties in Suits for Specific Performance under Indian Law Introduction A suit for specific performance of a contract, particularly concerning immovable property, is...

Cognizance of Criminal Contempt in India

Date: Sep 13, 2023

The Mechanism of Cognizance in Criminal Contempt Proceedings under Indian Law Introduction The power to punish for contempt of court is an essential attribute of a court of record, indispensable for...

The Dichotomy Between Executive and Judicial Magistracy in India

Date: Sep 13, 2023

The Dichotomy Between Executive and Judicial Magistracy in India: Constitutional Foundations, Statutory Architecture, and Jurisprudential Developments Introduction The functional bifurcation between...

An Analysis of Section 124-A of the Indian Penal Code: Sedition Law in India

Date: Sep 12, 2023

An Analysis of Section 124-A of the Indian Penal Code: Sedition Law in India Introduction Section 124-A of the Indian Penal Code, 1860 (IPC), which criminalizes sedition, has been a subject of...

An Analysis of Section 124A of the Indian Penal Code: Sedition Law in India

Date: Sep 12, 2023

Section 124A of the Indian Penal Code: A Critical Legal Analysis of Sedition in India Introduction Section 124A of the Indian Penal Code, 1860 (IPC), which criminalizes sedition, has been a subject...

Revisiting Section 9(1)(ii) of the Income-tax Act, 1961: Deeming Accrual of Salary Income in India

Date: Sep 11, 2023

Revisiting Section 9(1)(ii) of the Income-tax Act, 1961: Deeming Accrual of Salary Income in India 1. Introduction Section 9(1)(ii) of the Income-tax Act, 1961 (“the Act”) embodies a legislative...

Earnest Money Forfeiture under Indian Contract Law: A Reassessment

Date: Sep 6, 2023

Earnest Money Forfeiture under Indian Contract Law: A Reassessment Introduction Indian contract jurisprudence has long grappled with the treatment of earnest money. Although traditional dicta equate...

“No Consideration, No Contract”: A Critical Analysis of Section 25 of the Indian Contract Act, 1872

Date: Sep 6, 2023

“No Consideration, No Contract”: A Critical Analysis of Section 25 of the Indian Contract Act, 1872 Introduction The maxim ex nudo pacto non oritur actio—an action does not arise from a nude...

Tamil Nadu Private Colleges Regulation Act: Constitutional Validity, Scope, and Contemporary Challenges

Date: Sep 5, 2023

Tamil Nadu Private Colleges Regulation Act: Constitutional Validity, Scope, and Contemporary Challenges Introduction Enacted during President’s Rule in 1976, the Tamil Nadu Private Colleges...

Revisiting the Kerala Land Assignment Rules, 1964: Legislative Purpose, Judicial Interpretation, and Contemporary Challenges

Date: Sep 5, 2023

Revisiting the Kerala Land Assignment Rules, 1964: Legislative Purpose, Judicial Interpretation, and Contemporary Challenges 1. Introduction The Kerala Land Assignment Rules, 1964 (“the 1964 Rules”)...

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