India Columns

Analysis of Sections 279 and 304A IPC

Date: Aug 18, 2023

An Analysis of Sections 279 and 304A of the Indian Penal Code: Rash Driving and Causing Death by Negligence Introduction Sections 279 and 304A of the Indian Penal Code, 1860 (IPC) are frequently...

The Jurisprudence of Reconveyance Agreements in India: A Doctrinal Analysis

Date: Aug 17, 2023

The Jurisprudence of Reconveyance Agreements in India: A Doctrinal Analysis Introduction The law governing immovable property in India frequently grapples with transactions that blur the lines...

Appeals Against Acquittal in Complaint Cases under Indian Criminal Procedure

Date: Aug 17, 2023

Appeals Against Acquittal in Complaint Cases under the Code of Criminal Procedure, 1973: Jurisdictional Boundaries, Procedural Nuances, and Prospects for Reform 1. Introduction The right to challenge...

The Doctrine of Non Est Factum in Indian Law

Date: Aug 17, 2023

The Doctrine of Non Est Factum in Indian Law: Principles, Application, and Judicial Interpretation Introduction The doctrine of non est factum, translating from Latin as "it is not [my] deed," is a...

Lok Adalat Awards in India

Date: Aug 17, 2023

The Nature, Finality, and Enforceability of Lok Adalat Awards in India: A Comprehensive Analysis Introduction The Indian judicial system, burdened with a significant backlog of cases, has...

Oral Partition of Property in India: A Legal Analysis

Date: Aug 15, 2023

The Jurisprudence of Oral Partition of Property in India: Validity, Proof, and Evolving Interpretations Introduction The concept of partition, particularly oral partition, holds significant...

Copyright in Cinematograph Films in India

Date: Aug 11, 2023

The Contours of Copyright in Cinematograph Films: An Analysis of Originality, Infringement, and Ownership under Indian Law Introduction The cinematograph film occupies a unique and complex position...

The U.P. Panchayat Raj (Election of Members, Pradhans and Up-Pradhans) Rules, 1994: A Judicial Exposition

Date: Aug 9, 2023

The U.P. Panchayat Raj (Election of Members, Pradhans and Up-Pradhans) Rules, 1994: A Judicial Exposition Introduction The Uttar Pradesh Panchayat Raj (Election of Members, Pradhans and Up-Pradhans)...

An Exposition of Section 171 of the Indian Contract Act, 1872: The Law of General Lien

Date: Aug 9, 2023

An Exposition of Section 171 of the Indian Contract Act, 1872: The Law of General Lien Introduction Section 171 of the Indian Contract Act, 1872 (hereinafter "the Act"), codifies the principle of...

Impleading Parties in Final Decree Proceedings in India

Date: Aug 9, 2023

Impleading Parties in Final Decree Proceedings in India: A Procedural Analysis Introduction The procedural landscape of civil litigation in India, particularly in suits involving a two-stage decree...

Substantial Question of Law: The Jurisdictional Gate-Keeper in Indian Second Appeals

Date: Aug 8, 2023

Substantial Question of Law: The Jurisdictional Gate-Keeper in Indian Second Appeals 1. Introduction Section 100 of the Code of Civil Procedure, 1908 (“CPC”) restricts the High Court’s jurisdiction...

Analysis of Order 6 Rule 17 CPC

Date: Aug 8, 2023

Order 6 Rule 17 of the Code of Civil Procedure, 1908: A Scholarly Analysis of Principles Governing Amendment of Pleadings in India Introduction Order 6 Rule 17 of the Code of Civil Procedure, 1908...

Order VI Rule 15(4) CPC: Affidavits, Verification and Procedural Integrity in Indian Civil Litigation

Date: Aug 8, 2023

Order VI Rule 15(4) CPC: Affidavits, Verification and Procedural Integrity in Indian Civil Litigation Introduction Order VI Rule 15 of the Code of Civil Procedure, 1908 (“CPC”) governs the...

Parrot-Like Statements in Indian Judicial Proceedings: Credibility, Admissibility, and the Demand for Independent Reasoning

Date: Aug 8, 2023

Parrot-Like Statements in Indian Judicial Proceedings: Credibility, Admissibility, and the Demand for Independent Reasoning 1. Introduction Indian courts repeatedly caution against “parrot-like...

Analysis of Order VI Rule 16 of the Code of Civil Procedure, 1908

Date: Aug 8, 2023

The Judicial Scythe: An Analysis of Order VI Rule 16 of the Code of Civil Procedure, 1908 Introduction The Code of Civil Procedure, 1908 (CPC) provides the machinery for the administration of civil...

An Analysis of Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971: The Appellate Mechanism

Date: Aug 8, 2023

An Analysis of Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971: The Appellate Mechanism Introduction The Public Premises (Eviction of Unauthorised Occupants) Act, 1971...

The Evidentiary Value and Judicial Scrutiny of Fingerprint Expert Evidence in India

Date: Aug 8, 2023

The Evidentiary Value and Judicial Scrutiny of Fingerprint Expert Evidence in India Introduction Fingerprint evidence has long been recognized as a crucial tool in the administration of criminal...

Order VI Rule 18 CPC – Procedural Imperatives and Judicial Discretion

Date: Aug 8, 2023

Order VI Rule 18 of the Code of Civil Procedure, 1908: A Comprehensive Doctrinal and Jurisprudential Analysis Introduction Order VI Rule 18 of the Code of Civil Procedure, 1908 (“CPC”) imposes a...

Consolidated Trials in Indian Civil Procedure: Analysing the Jurisprudence of Hearing Suits Together

Date: Aug 8, 2023

Consolidated Trials in Indian Civil Procedure: Analysing the Jurisprudence of Hearing Suits Together Introduction Indian civil courts are frequently confronted with multiple suits that arise out of...

Order VI Rule 17 CPC: Contemporary Indian Jurisprudence on Amendment of Pleadings

Date: Aug 8, 2023

Order VI Rule 17 CPC: Contemporary Indian Jurisprudence on Amendment of Pleadings 1. Introduction Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) empowers courts to permit parties to...