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India Columns

Undoing the Deal: A Doctrinal and Jurisprudential Analysis of Undue Influence, Coercion and Fraud in Indian Contract Law

Undoing the Deal: A Doctrinal and Jurisprudential Analysis of Undue Influence, Coercion and Fraud in Indian Contract Law

Date: Aug 8, 2023
Undoing the Deal: A Doctrinal and Jurisprudential Analysis of Undue Influence, Coercion and Fraud in Indian Contract Law 1. Introduction Indian private law accords primacy to consensus ad idem; yet...
Verification of Pleadings: An Analysis of Order 6 Rule 15 CPC

Verification of Pleadings: An Analysis of Order 6 Rule 15 CPC

Date: Aug 8, 2023
Verification of Pleadings and the Affidavit Mandate: An Analysis of Order 6 Rule 15 of the Code of Civil Procedure, 1908 in India Introduction The edifice of civil adjudication in India, governed by...
Fingerprints of the Accused in Indian Criminal Jurisprudence

Fingerprints of the Accused in Indian Criminal Jurisprudence

Date: Aug 8, 2023
The Evidentiary Value and Procedural Safeguards Concerning Fingerprints of the Accused in Indian Criminal Jurisprudence Introduction Fingerprint evidence has long been recognized as a cornerstone of...
Analysis of Section 128 of the Indian Contract Act, 1872

Analysis of Section 128 of the Indian Contract Act, 1872

Date: Aug 7, 2023
The Principle of Co-Extensive Liability: An Analysis of Section 128 of the Indian Contract Act, 1872 I. Introduction The contract of guarantee, a cornerstone of commercial transactions, involves a...
Deconstructing Section 69 of the Income Tax Act, 1961: A Judicial Exposition on Unexplained Investments

Deconstructing Section 69 of the Income Tax Act, 1961: A Judicial Exposition on Unexplained Investments

Date: Aug 7, 2023
Deconstructing Section 69 of the Income Tax Act, 1961: A Judicial Exposition on Unexplained Investments Introduction Chapter VI of the Income Tax Act, 1961 ('the Act'), contains a series of deeming...
The Right to Access Justice: Obtaining Certified Copies of Unmarked Documents in Indian Law

The Right to Access Justice: Obtaining Certified Copies of Unmarked Documents in Indian Law

Date: Aug 4, 2023
The Right to Access Justice: Obtaining Certified Copies of Unmarked Documents in Indian Law Introduction The principle of transparency in judicial proceedings is a cornerstone of the rule of law and...
Composite and Contributory Negligence in Indian Law

Composite and Contributory Negligence in Indian Law

Date: Aug 4, 2023
Navigating the Labyrinth: An Analysis of Composite and Contributory Negligence in Indian Tort Law Introduction The law of torts, particularly in the context of negligence, presents intricate...
The Rate of Commercial Interest in Indian Jurisprudence

The Rate of Commercial Interest in Indian Jurisprudence

Date: Aug 3, 2023
The Evolving Landscape of Commercial Interest Rates in Indian Law: A Scholarly Analysis Introduction The determination of an appropriate rate of interest in commercial disputes is a critical aspect...
Payment of Subsistence Allowance in India: Constitutional Dimensions and Jurisprudential Evolution

Payment of Subsistence Allowance in India: Constitutional Dimensions and Jurisprudential Evolution

Date: Aug 2, 2023
Payment of Subsistence Allowance in India: Constitutional Dimensions and Jurisprudential Evolution Introduction Subsistence allowance—reduced remuneration payable to an employee during...
Rule 31 of the Mineral Concession Rules, 1960: Execution and Revocation of Mining Leases – A Critical Analysis

Rule 31 of the Mineral Concession Rules, 1960: Execution and Revocation of Mining Leases – A Critical Analysis

Date: Aug 1, 2023
Rule 31 of the Mineral Concession Rules, 1960: Execution and Revocation of Mining Leases – A Critical Analysis Introduction Rule 31 of the Mineral Concession Rules, 1960 (“MC Rules 1960”) occupies a...
Post-Mortem Examination in Indian Criminal Jurisprudence

Post-Mortem Examination in Indian Criminal Jurisprudence

Date: Jul 31, 2023
The Pivotal Role and Evidentiary Dynamics of Post-Mortem Examinations in Indian Criminal Jurisprudence Introduction The post-mortem examination, or autopsy, stands as a cornerstone in the edifice of...
The Imperative of Statutory Notice in Indian Law: Principles, Consequences of Non-Service, and Judicial Interpretation

The Imperative of Statutory Notice in Indian Law: Principles, Consequences of Non-Service, and Judicial Interpretation

Date: Jul 31, 2023
The Imperative of Statutory Notice in Indian Law: Principles, Consequences of Non-Service, and Judicial Interpretation Introduction The edifice of procedural law in India, as in most mature legal...
An Analysis of Redeemable Preference Shares under Indian Company Law

An Analysis of Redeemable Preference Shares under Indian Company Law

Date: Jul 28, 2023
A Comprehensive Legal Analysis of Redeemable Preference Shares in India Introduction Redeemable Preference Shares (RPS) constitute a significant and distinct category of share capital within the...
The Legal Labyrinth of Converting Preference Shares to Equity in India: A Corporate and Taxation Analysis

The Legal Labyrinth of Converting Preference Shares to Equity in India: A Corporate and Taxation Analysis

Date: Jul 28, 2023
The Legal Labyrinth of Converting Preference Shares to Equity in India: A Corporate and Taxation Analysis I. Introduction The capital structure of a company in India, as governed by the Companies...
Extinguishment of the Right of Redemption in Indian Mortgage Law

Extinguishment of the Right of Redemption in Indian Mortgage Law

Date: Jul 27, 2023
The Extinguishment of the Right of Redemption in Indian Mortgage Law: A Scholarly Analysis Introduction The right of redemption is a cornerstone of mortgage law, embodying the principle of fairness...
Primacy of Boundaries in Property Identification: An Analysis of Indian Jurisprudence

Primacy of Boundaries in Property Identification: An Analysis of Indian Jurisprudence

Date: Jul 26, 2023
Primacy of Boundaries in Property Identification: An Analysis of Indian Jurisprudence on Conflicts with Extent and Survey Numbers Introduction The precise identification of immovable property is a...
The Predominance of Boundaries in Property Adjudication: An Analysis of Indian Jurisprudence

The Predominance of Boundaries in Property Adjudication: An Analysis of Indian Jurisprudence

Date: Jul 26, 2023
The Predominance of Boundaries in Property Adjudication: An Analysis of Indian Jurisprudence Introduction The conveyance of immovable property is a cornerstone of legal transactions, and the precise...
Preventive Justice and Procedural Safeguards under Section 107 Cr.P.C.

Preventive Justice and Procedural Safeguards under Section 107 Cr.P.C.

Date: Jul 25, 2023
Preventive Justice and Procedural Safeguards under Section 107 of the Code of Criminal Procedure, 1973 1. Introduction Section 107 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”)...
Procedural Mandates and Constitutional Dimensions of Notice under Section 107 CrPC

Procedural Mandates and Constitutional Dimensions of Notice under Section 107 CrPC

Date: Jul 25, 2023
Procedural Mandates and Constitutional Dimensions of Notice under Section 107 of the Code of Criminal Procedure, 1973 1. Introduction Section 107 of the Code of Criminal Procedure, 1973 (“CrPC”)...
Unreasonable Delay as a Bar to Matrimonial Relief: A Study of Section 23(1)(d) of the Hindu Marriage Act, 1955

Unreasonable Delay as a Bar to Matrimonial Relief: A Study of Section 23(1)(d) of the Hindu Marriage Act, 1955

Date: Jul 24, 2023
Unreasonable Delay as a Bar to Matrimonial Relief: A Study of Section 23(1)(d) of the Hindu Marriage Act, 1955 1  Introduction Section 23 of the Hindu Marriage Act, 1955 (“HMA”) codifies the court’s...
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