The legal question of whether a woman can be held liable for gang rape under Section 376D of the Indian Penal Code (IPC) or its corresponding Section 70 of the Bharatiya Nyaya Sanhita, 2023, ra...
The judgment in Lalita Kumari v. State of Uttar Pradesh & Ors., (2014) 2 SCC 1, occupies a seminal position in the annals of Indian jurisprudence. The verdict profoundly redefined the obligatio...
This article elucidates the seminal judgment of the Hon'ble Supreme Court of India in Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas & Co. [(1966) AIR SC 543], a pivotal case de...
The case of State of Haryana v. Bhajan Lal, reported in 1992 Supp (1) SCC 335, serves as a cornerstone in Indian jurisprudence, particularly concerning the misuse of criminal law. The Supreme C...
The landmark case of Joginder Kumar v. State of Uttar Pradesh (1994) 4 SCC 260 signifies a pivotal juncture in the evolution of constitutional jurisprudence concerning the rights of individuals...
The jurisprudence surrounding custodial violence and the protection of fundamental rights reached a seminal point in D.K. Basu v. State of West Bengal, (1997) 1 SCC 416. This landmark judgment,...
The landmark case of A.R. Antulay v. R.S. Nayak (1988 AIR 1531; 1988 SCR (2) 1) represents a pivotal juncture in Indian constitutional jurisprudence. It illuminates the delicate interplay betwe...
The Finance Commission of India, established under Article 280 of the Indian Constitution, epitomizes the constitutional commitment to ensuring fiscal equity in a federal framework. With a quas...
The concept of legal tender forms the backbone of monetary transactions, enabling the seamless exchange of goods and services. However, the Indian legal framework, specifically The Coinage Act,...
The landmark case of Subhash Kumar v. State of Bihar & Ors. is a milestone in Indian environmental jurisprudence. Decided by the Supreme Court of India, the case is notable for recognizing ...
The global environmental jurisprudence has evolved significantly over the past few decades, propelled by an urgent need to address climate change, biodiversity loss, and ecological degradation....
International environmental law has emerged as a pivotal corpus of jurisprudence that addresses the exigencies of environmental conservation in an increasingly interconnected global polity. It ...
The unauthorized practice of law strikes at the heart of legal sanctity and jeopardizes the faith reposed by the public in the judicial system. Section 45 of the Advocates Act, 1961 prescribes ...
The maxim falsus in uno, falsus in omnibus-"false in one thing, false in everything"-finds its origins in Roman law. While its premise suggests that any falsehood in a witness's testi...
The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), heralds a paradigmatic shift in India's criminal justice system by replacing the Indian Penal Code, 1860. With a revamped nomenclature ...
The concept of "transfer," as enunciated within the Transfer of Property Act, 1882, constitutes the fulcrum of property law in India. Section 5 of this seminal statute elucidates the ...
Fratricide, a term steeped in etymological profundity, refers to the act of killing one's sibling. Though its tragic undertones evoke visceral emotions, fratricide poses complex legal questions...
Arbitration has emerged as a preferred mechanism for resolving disputes due to its efficiency, flexibility, and party autonomy. The Arbitration and Conciliation Act, 1996 (A&C Act) governs ...
The Indian judiciary has long recognized the significance of alternative dispute resolution (ADR) mechanisms in addressing the inefficiencies of traditional litigation. Lok Adalats, established...
The Arbitration and Conciliation Act, 1996, is the cornerstone legislation governing arbitration in India. The 2015 Amendment to the Act significantly overhauled arbitration law to enhance the ...
The Foreign Awards (Recognition and Enforcement) Act, 1961, was a key piece of legislation in India that facilitated the recognition and enforcement of foreign arbitral awards before it was rep...
Section 48 of the Arbitration and Conciliation Act, 1996 governs the enforcement of foreign arbitral awards in India. This provision aligns with India's commitment to the New York Convention on...
The Bharatiya Nyaya Sanhita (BNS), 2023, introduces significant reforms in the Indian penal framework, including community service as an alternative punishment for specific first-time offenses....
The legal determination of the minority status of Aligarh Muslim University (AMU) has been a contentious issue spanning decades, intertwining constitutional principles, legislative amendments, ...
The recognition of transgender persons as equal stakeholders in society has gained momentum through legislative, judicial, and social developments. However, legal systems worldwide still grappl...
The Mediation Act, 2023, marks a watershed moment in India's legal landscape by codifying mediation as a primary mechanism for dispute resolution. Enacted on September 15, 2023, this legislatio...
The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, stands as a landmark document affirming fundamental human rights. It encapsulates unive...
The Indian Medical Council Act, originally enacted in 1956, stands as a foundational statute governing medical education and the regulation of medical professionals in India. This Act's overarc...
In cases involving multiple offenses, the sentencing framework in Indian criminal jurisprudence balances punitive and rehabilitative objectives. This paper explores the doctrinal basis of sente...
This article seeks to elucidate the life and contributions of Hugo Grotius, a towering figure in legal and philosophical thought whose groundbreaking work Mare Liberium (1609) helped shape the ...
The Supreme Court of India's decision in Association for Democratic Reforms v. Election Commission of India (2023) represents a significant development in the discourse surrounding the transpar...
The case of M.K. Ranjitsinh v. Union of India brought before the Supreme Court epitomizes the convergence of environmental conservation, climate policy, and human rights. The petitioners, advoc...
The Indian Supreme Court's recent decision in Sita Soren v. Union of India reiterates that lawmakers do not enjoy immunity under Article 194(2) of the Constitution in cases involving bribery, t...
The Supreme Court of India's recent judgment in Association for Democratic Reforms & Anr. v. Union of India (2024 INSC 113) underscores the intricate relationship between political financin...
In Pooja Mehta & Ors. V. Government of NCT of Delhi & Ors. [WP(C) 4643/2021], the Delhi High Court confronted the complex interplay between a woman's right to reside in a shared househo...
Section 9 of the Code of Civil Procedure, 1908 (CPC), is often termed the "gateway" to civil litigation in India. It establishes the foundational jurisdiction of civil courts, mandati...
The Bharatiya Nyaya Sanhita, 2023 (BNS), marks a transformative shift in India's criminal law, replacing the Indian Penal Code (IPC) of 1860. With this enactment, the BNS expands and refines In...
The legal doctrine of Damnum Sine Injuria, Or "Damage Without Legal Injury," serves as a cornerstone principle in common law that delineates between mere economic harm and harm that...
The S.R. Bommai v. Union of India case is a judicial milestone that redefined the contours of federalism, secularism, and democracy within the Indian constitutional framework. In this landmark ...
This article explores the pivotal case of Union of India v. Association for Democratic Reforms, (2002) 5 SCC 294, which redefined the principles of transparency and accountability in Indian ele...
Article 393 of the Constitution of India states, "This Constitution may be called the Constitution of India." While the article may seem a mere formal declaration, it holds profound i...
The Transgender Persons (Protection of Rights) Act, 2019 represents a monumental legislative endeavor aimed at securing rights and dignity for transgender individuals in India. Enacted in the w...
The Supreme Court of India has taken a pivotal step in addressing a longstanding issue surrounding the ban on blood donations from members of the LGBTQ+ community and sex workers. The Court's r...
The recent Supreme Court decision in Dr. SN Kundra v. Union of India addresses a significant challenge to the constitutionality of certain provisions under the Bharatiya Nyaya Sanhita, 2023 (BN...
The Indian criminal justice system has long grappled with issues of overcrowding and poor conditions in its prisons, particularly for undertrial prisoners who constitute a significant percentag...
The landmark case Re: Berubari Union and Exchange of Enclaves, AIR 1960 SC 845 serves as a foundational legal reference on the question of territorial cession and sovereignty under the Indian C...
The case of Shankari Prasad Singh Deo v. Union of India (1951 AIR 458, 1952 SCR 89) represents a landmark moment in Indian constitutional law. This Supreme Court decision addresses the complex ...
The landmark case of Golak Nath vs. State of Punjab, AIR 1967 SC 1643, stands as a monumental judgment in Indian constitutional jurisprudence. This case, decided by an eleven-judge bench of the...
The Supreme Court's decision in Chandra Kumar vs. Union of India & Ors., (1997) 3 SCC 261, redefined the balance of powers in India's judicial structure, particularly concerning the role of...
This article examines the landmark case of Sarla Mudgal v. Union of India (1995) 3 SCC 635, a pivotal Supreme Court judgment that underscored the necessity of implementing a Uniform Civil Code ...
The Indian judiciary has intermittently granted parole and furlough to Gurmeet Ram Rahim Singh, a high-profile convict serving a sentence for various serious crimes. Over the last four years, h...
Order II Rule 2 of the Civil Procedure Code, 1908, is a significant provision governing the joinder of causes of action in civil suits. It mandates plaintiffs to include all claims arising from...
Railway accidents are often tragic, leading to disputes about compensation for the deceased or injured parties. The Supreme Court has consistently emphasized that the claimant has an initial bu...
The Indian judiciary operates under a well-defined hierarchy that ensures an organized and efficient system of law enforcement and justice. This hierarchy is structured in a manner that allows ...
Article 39(b) of the Indian Constitution embodies a vision to prevent the concentration of wealth and ensure fair distribution of resources, which are termed "material resources of the communit...
The Supreme Court of India, in its ruling on November 4, 2024, dismissed a Public Interest Litigation (PIL) filed in Kishan Chand Jain vs. Union of India & Anr., W.P.(C) No. 701/2024, which...
Honour killing, a heinous crime rooted in patriarchal mindsets and social stigmas, is a grave violation of fundamental human rights. In India, honour killings often occur when individuals defy ...
The concept of abetment in Indian criminal law, particularly under Section 306 of the Indian Penal Code, 1860, and its counterpart, Section 108 of the Bharatiya Nyaya Sanhita, 2023, presents a ...
Section 86 of the Food Safety and Standards Act, 2006 (FSSA) empowers the Central Government to direct State Governments in implementing food safety measures, ensuring regulatory consistency ac...
The judgment in DK Basu vs. State of West Bengal (1997), reported as (1997) 1 SCC 416, stands as a watershed moment in Indian constitutional jurisprudence. The Supreme Court's decision, prompted ...
The Indian judiciary has frequently been confronted with the challenge of balancing the powers of law enforcement against the rights of individuals. In this context, the case of Joginder Kumar ...
The Supreme Court of India's judgment in Arnesh Kumar vs. State of Bihar (2014) stands as a judicial milestone, reshaping the interpretation and implementation of Section 498A of the Indian Pen...
The Maneka Gandhi v. Union of India (1978) case is a constitutional milestone that redefined the interpretation of Article 21 of the Indian Constitution. This case, which arose from the arbitra...
This article meticulously explores the 1978 landmark judgment of the Supreme Court of India in Nandini Satpathy vs. P.L. Dani, a case pivotal in defining the contours of the right to remain sil...
The Banking Regulation Act, 1949 is a cornerstone of India’s banking laws, providing a robust regulatory framework aimed at maintaining the stability and integrity of the banking system. The ...
Order 22 of the Code of Civil Procedure, 1908 (CPC), is pivotal in addressing the implications of the death, marriage, and insolvency of parties in civil litigation in India. This article provi...
The Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") serves as a pivotal framework governing motor vehicle operations and the associated liability for accidents in India. Among i...
This article delves into the intricate landscape of remission policy in India, a topic that gained prominence following the controversial remission of 11 individuals convicted of heinous crimes...
The protection of children is a matter of profound national and international concern. Recognizing the vulnerabilities and rights of children, India has established a robust framework of laws a...
The heinous crime of rape poses a critical challenge to the legal and moral fabric of society, necessitating robust legislative measures and judicial interpretations to safeguard the dignity an...
Rape, a grave infringement of individual liberty, dignity, and bodily integrity, is one of the most morally reprehensible crimes recognized in modern jurisprudence. Indian legal provisions deal...
The Dissolution of Muslim Marriage Act, 1939 (hereinafter referred to as "the Act") represents a pivotal moment in the legal recognition of Muslim women's rights to initiate divorce proceedings...
Iddat is a critical concept in Islamic jurisprudence, representing the waiting period a Muslim woman must observe following divorce or the death of her husband. This article delves into the int...
The institution of mahr, also known as dower, occupies a significant position in Islamic jurisprudence and matrimonial law. A critical facet of mahr is the bifurcation into prompt and deferred ...
The ruling in Shamim Ara v. State of Uttar Pradesh, (2002) 7 SCC 518, was a watershed moment in the jurisprudence surrounding Islamic divorce laws in India, specifically addressing the unilater...
Talaq-e-Tafweez, a unique delegation of divorce rights from a husband to his wife in Islamic law, represents a nuanced understanding of matrimonial autonomy within the framework of Muslim perso...
The legal construct of mubarat finds its origins in the rich tapestry of Islamic jurisprudence, which comprehensively governs the dissolution of the marital union. Mubarat, a form of extrajudic...
The practice of talaq-e-biddat (Triple Talaq), a form of irrevocable and instantaneous divorce under Islamic personal law, has long been a subject of controversy, especially in the context of g...
The concept of a financial emergency in India, delineated under Article 360 of the Constitution, constitutes a critical aspect of the constitutional framework. This article elucidates the provi...
The Indian insolvency framework, codified under the Insolvency and Bankruptcy Code (IBC), 2016, aims to consolidate and amend the laws relating to reorganization and insolvency resolution of co...
Section 504 of the Indian Penal Code (IPC), akin to Section 352 of the Bharatiya Nyaya Sanhita (BNS), encapsulates the offence of intentional insult with the intent to provoke a breach of peace...
The offense of fraudulently marking a false mark upon a package or receptacle containing goods has deep legal and societal ramifications, safeguarding the veracity of commerce and consumer prot...
The concepts of "procedure established by law" and "due process of law" are fundamental to understanding individual rights and legal protections within a democratic society....
The legal treatment of confessions made by co-accused individuals has been a subject of judicial scrutiny in India. The law governing confessions is nuanced, balancing the rights of the accused...
This article offers a comprehensive analysis of the doctrine of res gestae, a pivotal legal principle under Section 6 of the Indian Evidence Act, 1872, and Section 4 of the Bharatiya Sakshya Ad...
The issue of environmental protection and pollution control in India has become a matter of public importance. The Water (Prevention and Control of Pollution) Act, 1974, is a key statute aimed ...
This article delves into the definition and implications of the term "appropriate government" as elucidated in Section 55(A) of the Indian Penal Code (IPC) and its counterpart in the ...
The legal concept of "good faith" plays a crucial role in determining the culpability and intent behind a person's actions. Both Section 52 of the Indian Penal Code (IPC) and Section 2(11) of t...
The doctrine of common intention plays a pivotal role in the Indian Penal Code (IPC) under Section 34, as well as under the Bharatiya Nyaya Sanhita (BNS) Section 3(5). This article delves into ...
Injury, as defined under Section 44 of the Indian Penal Code (IPC) and Section 2(14) of the Bharatiya Nyaya Sanhita (BNS), plays a fundamental role in criminal jurisprudence by encompassing har...
Punishments form the bedrock of any criminal justice system, reflecting the state's response to crimes committed within its jurisdiction. Section 53 of the Indian Penal Code (IPC) and its moder...
The concept of "harbouring" as defined under Section 52(A) of the Indian Penal Code (IPC) and Section 2(13) of the Bharatiya Nyaya Sanhita (BNS), 2023, is an integral part of India's ...
Sealed cover jurisprudence, a contentious legal practice in Indian courts, entails the submission of evidence or information to the judiciary in a sealed envelope, accessible solely to the pres...
The case of Shamsher Singh vs. Rajinder Prashad & Ors. Presents significant legal questions concerning the liability of sons for the debts of their father under Hindu law, the adjudication ...
The concept of general offers holds a significant place in the realm of contract law, particularly under the provisions of the Indian Contract Act, 1872. A general offer is an open invitation t...
Article 323A of the Indian Constitution empowers Parliament to establish administrative tribunals to adjudicate matters concerning public service disputes. These tribunals hold quasi-judicial a...
The Indian Constitution guarantees a wide array of fundamental rights, including the freedom of movement and residence within the country. Article 19(1)(e) confers upon citizens the right to re...
Transformative constitutionalism is a doctrine that allows constitutional interpretation to evolve in tandem with societal progress, particularly in advancing human rights and freedoms. In the ...
Condonation of delay is a vital legal mechanism that permits courts to excuse procedural delays in filing appeals or applications when "sufficient cause" is shown, enabling access to justice ev...
Mahatma Gandhi, a monumental figure in the narrative of global social justice and civil rights, embarked on a transformative legal journey that spanned both continents and ideologies. This arti...
The landmark case of A.R. Antulay v. R.S. Nayak (1988 AIR 1531; 1988 SCR (2) 1) represents a pi...
The Employees' Compensation Act, 1923, stands as a pivotal piece of legislation in the realm of...
This legal analysis delves into the landmark judgment in Mahboob Shah v. Emperor [AIR 1945 PC 1...
The Island of Palmas case (Netherlands v. United States, 1928) stands as a cornerstone in inter...