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95 Legal Terms Defined · Plain Language

Legal Glossary.

“Law uses a language of its own. Master these terms and the courtroom loses its mystique.”

A

Actus Reus

Criminal Law

A Latin term meaning 'guilty act,' referring to the physical element or external conduct that constitutes a criminal offence. Along with mens rea (guilty mind), actus reus is an essential component of criminal liability. It includes voluntary acts, omissions where there is a legal duty to act, and in some cases, the state of affairs or circumstances. In Indian criminal law, both elements must generally be proven for conviction.

Adjournment

Civil Law

The postponement or rescheduling of a court hearing or proceeding to a later date. Under the Code of Civil Procedure (CPC), courts have discretion to grant adjournments, but are expected to avoid unnecessary delays. Section 309 of CrPC (now Section 346 of BNSS) governs adjournments in criminal cases.

Adjudication

Administrative Law

The formal legal process by which a judge or adjudicating authority reviews evidence and arguments to make a binding decision on a dispute. In Indian law, adjudication occurs in courts, tribunals, and quasi-judicial bodies such as the Income Tax Appellate Tribunal or the National Green Tribunal.

Affidavit

Civil Law

A written statement made under oath or affirmation, signed before a notary public, magistrate, or other authorized officer. Used extensively in court proceedings as evidence. False affidavit constitutes perjury — a criminal offence.

Amicus Curiae

Constitutional

Latin for "friend of the court" — a person or organization with strong expertise or interest in the subject matter, not a party to the case, who assists the court with legal arguments, research, or information on a point of law.

Anticipatory Bail

Criminal Law

A bail sought in anticipation of an arrest — applied before arrest when a person has reason to believe they may be arrested for a non-bailable offence. Filed in Sessions Court or High Court.

Appellate Jurisdiction

Constitutional

The power of a higher court to review and revise decisions of a lower court. Under Articles 132-136 of the Indian Constitution, the Supreme Court exercises appellate jurisdiction over High Court decisions in civil, criminal, and constitutional matters. High Courts similarly hear appeals from district and subordinate courts under Article 228.

Arbitration

Civil Law

A method of alternative dispute resolution where parties agree to have their dispute resolved by one or more arbitrators rather than through court litigation. In India, arbitration is governed by the Arbitration and Conciliation Act, 1996, which is based on the UNCITRAL Model Law. Arbitral awards are enforceable as court decrees.

B

Bail

Criminal Law

The conditional release of a person in custody pending trial or appeal, upon giving security or sureties to ensure their appearance. Regular bail, anticipatory bail (Section 438), and interim bail are the types.

Bailable Offence

Criminal Law

An offence listed in the First Schedule of the Code of Criminal Procedure (CrPC) or Bharatiya Nagarik Suraksha Sanhita (BNSS) for which bail is a matter of right, not judicial discretion. When a person accused of a bailable offence is arrested, the police officer or court is obligated to release them on bail if they are prepared to furnish it.

Basic Structure Doctrine

Constitutional

A landmark Indian constitutional principle holding that certain fundamental features of the Constitution cannot be amended by Parliament. Established in Kesavananda Bharati v State of Kerala (1973). Includes: supremacy of Constitution, rule of law, separation of powers, federalism, secularism, judicial review.

Burden of Proof

Criminal Law

The obligation on a party to establish the facts necessary to prove their case. Under Section 101 of the Indian Evidence Act (now Section 104 of BSA, 2023), the burden of proof lies on the party who would fail if no evidence were given. In criminal cases, the prosecution bears the burden of proving guilt beyond reasonable doubt, while in civil cases, the standard is preponderance of probability.

C

Cause of Action

Civil Law

The bundle of essential facts that gives a person the right to seek judicial relief against another. It includes every fact which, if denied, the plaintiff must prove to succeed in the suit. Under Order VII Rule 1 of CPC, the plaint must disclose the cause of action and when it arose.

Caveat

Civil Law

A formal notice filed under Section 148A of the Code of Civil Procedure by a person who anticipates that an adverse party may file a suit or application against them. The caveat ensures that the court does not pass any order without first hearing the caveator. It remains in force for 90 days from the date of filing.

Caveat Emptor

Consumer Law

Latin for "let the buyer beware". A common law principle that places the obligation on buyers to examine, judge, and test goods before purchase. Now significantly eroded by consumer protection legislation in India.

Certiorari

Writs

A writ by which a higher court reviews the record of proceedings in a lower court to correct errors of jurisdiction or law. Quashes illegal orders of inferior courts, tribunals, or quasi-judicial bodies.

Charge Sheet

Criminal Law

A formal police document filed in court listing the charges against an accused after completion of investigation. Different from FIR — filed after conclusion of police investigation. Must be filed within 60–90 days under CrPC.

Cognizable Offence

Criminal Law

An offence for which a police officer may, without a warrant, arrest the accused, search premises, and investigate without prior permission from a magistrate. Examples: Murder, Rape, Robbery, Dacoity.

Compoundable Offence

Criminal Law

A criminal offence that can be settled between the parties by way of compromise, with or without the permission of the court. Section 320 of CrPC (now Section 359 of BNSS) lists offences that are compoundable. Compounding effectively results in the acquittal of the accused.

Consumer Complaint

Consumer Law

A formal grievance filed by a consumer under the Consumer Protection Act, 2019 regarding defective goods, deficient services, unfair trade practices, or misleading advertisements. Complaints can be filed before the District Consumer Disputes Redressal Forum (up to Rs. 1 crore), State Commission (Rs. 1-10 crore), or National Commission (above Rs. 10 crore). The Act also provides for mediation and e-filing of complaints.

Contempt of Court

Constitutional

The offence of being disobedient to or disrespectful towards a court of law. Under the Contempt of Courts Act, 1971, it is classified as civil contempt (willful disobedience of a court order) or criminal contempt (publication or action that scandalises the court or interferes with administration of justice). Article 129 and Article 215 of the Constitution empower the Supreme Court and High Courts respectively as courts of record with contempt powers.

Cross-Examination

Criminal Law

The questioning of a witness by the opposing party after the witness has given evidence-in-chief. Under Section 137 of the Indian Evidence Act, 1872 (now Section 137 of Bharatiya Sakshya Adhiniyam, 2023), cross-examination is a fundamental right of the accused. Its purpose is to test the truthfulness, accuracy, and credibility of the testimony.

Cyber Crime

Cyber Law

Criminal activities carried out using computers, networks, or the internet. In India, cybercrimes are primarily governed by the Information Technology Act, 2000 and its amendments, particularly the IT (Amendment) Act, 2008. Offences include hacking (Section 66), identity theft (Section 66C), cyber stalking, phishing, and publishing obscene material online (Section 67). The IT Act also establishes adjudicating officers and the Cyber Appellate Tribunal.

D

Data Protection

Cyber Law

The legal framework governing the collection, processing, storage, and sharing of personal data. India enacted the Digital Personal Data Protection Act, 2023 (DPDP Act), which establishes principles of lawful processing, purpose limitation, data minimisation, and individual rights over personal data. It creates the Data Protection Board of India to adjudicate complaints and enforce the Act.

Decree

Civil Law

The formal expression of an adjudication by a civil court that conclusively determines the rights of the parties with regard to all or any of the matters in controversy. As defined under Section 2(2) of the Code of Civil Procedure, a decree is either preliminary (settling some issues but not finally disposing of the suit) or final. It is distinct from an order.

Defamation

Criminal Law

The act of making or publishing a false statement about another person that harms their reputation. In India, defamation is both a civil wrong (tort) and a criminal offence under Sections 499-500 of the Indian Penal Code (now Sections 356-357 of Bharatiya Nyaya Sanhita). The Supreme Court upheld the validity of criminal defamation in Subramanian Swamy v. Union of India (2016).

Directive Principles of State Policy

Constitutional

Fundamental guidelines contained in Part IV (Articles 36-51) of the Indian Constitution that direct the state to establish a just society. While not enforceable by courts, they are fundamental in governance and the state is expected to apply them in making laws. Landmark cases like Minerva Mills v. Union of India (1980) established that a balance between Fundamental Rights and DPSPs is a basic feature of the Constitution.

Discovery

Civil Law

A pre-trial procedure under Order XI of the Code of Civil Procedure that allows parties to obtain relevant documents and information from the opposing side. Discovery of documents requires parties to disclose documents in their possession or power relating to matters in question. Failure to comply can result in adverse inferences.

Doctrine of Severability

Constitutional

A constitutional principle that if a part of a statute is found unconstitutional, only the offending provision will be struck down and the remaining valid parts will continue to operate, provided they can function independently. Established in A.K. Gopalan v. State of Madras (1950) and refined in R.M.D. Chamarbaugwala v. Union of India (1957), this doctrine ensures that an entire law need not fall because of one invalid provision.

E

Easement

Property Law

A right that the owner or occupier of land possesses over the land of another, such as a right of way or right to light. Governed by the Indian Easements Act, 1882, easements can be acquired by grant, prescription (continuous use for 20 years), or necessity. Easementary rights run with the land and are not personal to the individual but attach to the property itself.

Eminent Domain

Property Law

The inherent power of the state to acquire private property for public purpose, subject to the payment of fair compensation. In India, this power is exercised under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act), which replaced the colonial Land Acquisition Act of 1894. Article 300A of the Constitution provides that no person shall be deprived of property save by authority of law.

Environmental Impact Assessment

Environmental Law

A mandatory process under the Environment Protection Act, 1986 and the EIA Notification, 2006 that evaluates the potential environmental effects of a proposed project before it is granted clearance. Projects are classified into Category A (requiring central clearance from the Expert Appraisal Committee) and Category B (requiring state-level clearance). Public hearing is a mandatory component for most Category A and B1 projects.

Estoppel

Civil Law

A legal principle under Section 115 of the Indian Evidence Act (now Section 119 of BSA, 2023) that prevents a person from denying or contradicting a fact that they have previously represented as true, if another person has acted upon that representation. Estoppel ensures consistency and prevents fraud or injustice arising from contradictory positions.

Examination-in-Chief

Criminal Law

The first questioning of a witness by the party who called them to testify, as defined under Section 137 of the Indian Evidence Act (now Section 137 of BSA, 2023). During examination-in-chief, leading questions are generally not permitted. The purpose is to elicit facts supporting the case of the party presenting the witness.

Ex-Parte Order

Civil Law

An order made by a court on the motion of one party without the other party being present or given notice. Temporary in nature — the other party can apply to set it aside on showing cause.

F

FIR

Criminal Law

First Information Report — a written document prepared by the police when they receive information about a cognizable offence. The complainant has a right to get a free copy. Police cannot refuse to register an FIR for cognizable offences.

Fundamental Rights

Constitutional

The basic rights guaranteed to all citizens under Part III (Articles 12-35) of the Indian Constitution. These include the Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-30), and Right to Constitutional Remedies (Article 32). They are enforceable by courts and any law violating them can be declared void under Article 13.

G

Garnishee Order

Civil Law

A court order directing a third party (the garnishee) who owes money to a judgment debtor to pay that money directly to the judgment creditor. Under Order XXI Rule 46 of the Code of Civil Procedure, this is a method of execution of decrees. It is commonly used to attach bank accounts or salary of the debtor.

Goods and Services Tax

Tax Law

A comprehensive indirect tax levied on the supply of goods and services in India, introduced by the 101st Constitutional Amendment Act, 2016 and implemented from 1 July 2017. GST subsumes multiple central and state taxes including excise duty, service tax, and VAT into a unified structure of CGST, SGST, and IGST. The GST Council, a constitutional body under Article 279A, recommends tax rates and policy changes.

H

Habeas Corpus

Writs

A writ issued by a court commanding a person detaining another to produce the body of the detained person before the court, to inquire into the cause of detention. Literally "you have the body". Used to release unlawfully detained individuals.

I

Industrial Dispute

Labour Law

A dispute or difference between employers and workmen connected with employment, non-employment, terms of employment, or conditions of labour. Under the Industrial Disputes Act, 1947 (to be subsumed by the Industrial Relations Code, 2020), disputes are resolved through conciliation, arbitration, or adjudication by labour courts and industrial tribunals. Strikes and lockouts are regulated under this framework.

Information (Criminal)

Criminal Law

A formal accusation or complaint presented to a Magistrate under Section 190 of CrPC (now Section 210 of BNSS) for the purpose of initiating criminal proceedings. It differs from an FIR, which is filed with the police. A private complaint filed by any person before a Magistrate constitutes information that can set the criminal judicial machinery in motion without police involvement.

Injunction

Civil Law

A judicial order restraining a person from doing a particular act (prohibitory injunction) or compelling them to do a particular act (mandatory injunction). Under the Specific Relief Act, 1963, injunctions can be temporary (Order XXXIX of CPC) or permanent (Sections 36-42). Courts consider the balance of convenience, irreparable injury, and prima facie case before granting an injunction.

Interlocutory Order

Civil Law

An interim or provisional order made during the pendency of a case that does not finally determine the rights of the parties. Such orders address procedural matters or grant temporary relief. Under Section 104 of CPC, only certain interlocutory orders are appealable; others can only be challenged in revision under Section 115 CPC.

J

Judicial Review

Civil Law

The power of courts to examine the constitutionality and legality of legislative and executive actions. A basic feature of the Constitution. Courts can strike down laws that violate fundamental rights or the basic structure.

Jurisprudence

Constitutional

The theoretical study and philosophy of law, examining its nature, purpose, and the principles underlying legal systems. Indian jurisprudence draws from multiple sources including the Constitution, statutory law, common law traditions inherited from British colonial rule, customary law, and religious personal laws. It is foundational to legal education and judicial reasoning.

L

Limitation Period

Civil Law

The maximum time period within which a legal proceeding must be initiated, as prescribed by the Limitation Act, 1963. Different types of suits and appeals have different limitation periods specified in the Schedule to the Act. If a suit is filed beyond the limitation period, it is liable to be dismissed, subject to provisions for condonation of delay under Section 5.

Locus Standi

Civil Law

The legal right or capacity to bring an action or challenge in court. In traditional law, only the aggrieved party had locus standi. PIL has liberalised this — any public-spirited person can approach the court.

Lok Adalat

Civil Law

A forum for alternative dispute resolution established under the Legal Services Authorities Act, 1987. Lok Adalats have the jurisdiction to settle civil and compoundable criminal cases through conciliation and compromise. Awards made by Lok Adalats are deemed decrees of a civil court and are final, binding, and non-appealable. No court fees are charged.

M

Maintenance

Family Law

The legal obligation to provide financial support to a spouse, children, or parents who are unable to maintain themselves. Under Section 125 of CrPC (now Section 144 of BNSS), any person with sufficient means must maintain their wife, minor children, and parents. Additional provisions exist under personal laws such as the Hindu Adoptions and Maintenance Act, 1956 and the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Mandamus

Writs

A writ commanding a public official, corporation, or lower court to perform a mandatory duty of public nature. Cannot be issued against private persons or the President/Governor. Literally "we command".

Mens Rea

Criminal Law

A Latin term meaning 'guilty mind,' referring to the mental element or criminal intent required to constitute a criminal offence. In Indian criminal law, mens rea is an essential ingredient of most offences under the Bharatiya Nyaya Sanhita (formerly IPC), unless the statute creates a strict liability offence. The Supreme Court in Nathulal v. State of MP (1966) affirmed that mens rea is a necessary element unless expressly or impliedly excluded.

Minimum Wages

Labour Law

The statutory minimum rate of remuneration that employers are legally required to pay workers. The Code on Wages, 2019 (which subsumes the Minimum Wages Act, 1948) mandates the fixation of minimum wages by the central and state governments for different categories of employment. Non-payment of minimum wages is a criminal offence, and workers can file claims before the appropriate authority.

Money Laundering

Criminal Law

The process of concealing the origins of money obtained through illegal means by passing it through a complex series of transfers and transactions. In India, it is an offence under the Prevention of Money Laundering Act, 2002 (PMLA), with the Enforcement Directorate (ED) as the investigating agency. The Act allows for provisional attachment of property for 180 days and provides for imprisonment of 3-7 years.

Moratorium

Corporate Law

A legally authorized period of delay or suspension of an obligation or activity. Under Section 14 of the Insolvency and Bankruptcy Code, 2016, when a corporate insolvency resolution process is initiated, a moratorium is declared that prohibits institution or continuation of suits, transfer of assets, or recovery actions against the corporate debtor. The RBI may also declare a moratorium on a banking company under Section 45 of the Banking Regulation Act, 1949.

N

Natural Justice

Constitutional

Two foundational principles: (1) Audi alteram partem — hear the other side (no person shall be condemned unheard); (2) Nemo judex in causa sua — no one shall be a judge in their own cause. Applicable to all quasi-judicial bodies.

Non-Bailable Offence

Criminal Law

An offence for which bail is not a matter of right and can only be granted at the discretion of the court. Non-bailable offences are generally more serious crimes such as murder, kidnapping, and robbery. Under Section 437 of CrPC (now Section 480 of BNSS), the court considers factors such as the nature of the accusation, severity of punishment, and the likelihood of the accused fleeing justice.

Non-Cognizable Offence

Criminal Law

An offence for which a police officer has no authority to arrest without a warrant. Police require a magistrate's order to investigate. Examples: Cheating, Forgery, Assault (minor).

Non-Compoundable Offence

Criminal Law

A criminal offence that cannot be settled by compromise between the parties and must be prosecuted by the state to its conclusion. Serious offences such as murder, robbery, and dacoity are non-compoundable. These offences are not listed in Section 320 of CrPC (now Section 359 of BNSS) as compoundable, reflecting the principle that certain crimes affect public interest beyond the victim.

O

Obiter Dictum

Constitutional

A remark or observation made by a judge in a judgment that is incidental to the main issue and not essential to the decision. While obiter dicta are not binding as precedent, they carry persuasive value and are often considered by courts in subsequent cases. In Indian judicial practice, obiter dicta of the Supreme Court are treated with significant respect by lower courts.

Original Jurisdiction

Constitutional

The authority of a court to hear and decide a case in the first instance, as opposed to appellate jurisdiction. Under Article 131 of the Indian Constitution, the Supreme Court has original jurisdiction in disputes between the Union and States or between States. High Courts have original jurisdiction in certain matters under Article 226 (writ jurisdiction) and in civil suits of specified value in some states.

P

Perjury

Criminal Law

The criminal offence of intentionally giving false evidence or making a false statement on oath before a court or authority empowered to administer oaths. Under Section 191 of the Indian Penal Code (now Section 229 of BNS), giving false evidence is punishable with imprisonment up to seven years. Courts can initiate perjury proceedings under Section 340 of CrPC (now Section 378 of BNSS).

PIL

Civil Law

Public Interest Litigation — a petition filed in the public interest by any member of the public, even without personal injury, when rights of the public at large are violated. A tool for social justice and judicial activism.

Plaint

Civil Law

The written statement filed by the plaintiff to institute a civil suit, containing the facts constituting the cause of action, the relief sought, and other particulars required under Order VII of the Code of Civil Procedure. The plaint must be accompanied by the prescribed court fee and must comply with the requirements of Order VI and VII of CPC, failing which it may be rejected under Order VII Rule 11.

Polluter Pays Principle

Environmental Law

An environmental law principle that holds the polluter financially responsible for the damage caused to the environment and for remediation costs. The Supreme Court of India adopted this principle in Indian Council for Enviro-Legal Action v. Union of India (1996) and Vellore Citizens Welfare Forum v. Union of India (1996), making it a part of Indian environmental jurisprudence. It is enforced through the National Green Tribunal and civil courts.

Power of Attorney

Civil Law

A legal instrument by which one person (the principal) authorizes another (the agent or attorney) to act on their behalf in legal, financial, or other matters. Governed by the Powers of Attorney Act, 1882, it can be general (broad authority) or special (limited to specific acts). A power of attorney must be executed on appropriate stamp paper and may require registration under certain circumstances.

Precedent

Constitutional

A prior judicial decision that serves as an authority for deciding subsequent cases involving similar facts or legal issues. Under Article 141 of the Indian Constitution, the law declared by the Supreme Court is binding on all courts in India. High Court decisions are binding on subordinate courts within that state. This doctrine forms the backbone of common law adjudication in India.

Prima Facie

Civil Law

A Latin term meaning 'at first sight' or 'on the face of it,' used to describe evidence or a case that appears sufficient to establish a fact or raise a presumption unless disproved. In Indian courts, a prima facie case must be established for grant of interim relief such as injunctions. It is also relevant in determining whether charges should be framed in criminal trials.

Pro Bono

Constitutional

Legal services rendered free of charge for the public good, particularly for those who cannot afford legal representation. In India, Article 39A of the Constitution (a Directive Principle) mandates that the state provide free legal aid to ensure justice is not denied due to economic disability. The Legal Services Authorities Act, 1987 establishes a framework for pro bono and legal aid services across the country.

Prohibition

Writs

A writ issued by a superior court to prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice. Unlike certiorari, it is preventive before final order.

Promissory Estoppel

Civil Law

An equitable doctrine holding that a promise made without consideration is binding if the promisee has relied on it to their detriment. The promisor cannot go back on the promise. Applied both in private law and against the government.

Q

Quorum

Constitutional

The minimum number of members required to be present for a legislative body, board, or committee to conduct business validly. Under Article 100 of the Indian Constitution, the quorum for either House of Parliament is one-tenth of the total membership. For company board meetings, Section 174 of the Companies Act, 2013 prescribes quorum requirements based on the number of directors.

Quo Warranto

Writs

A writ requiring a person to show by what authority they hold a public office. Used to prevent illegal usurpation of a public office and to remove a person wrongly holding the position.

R

Ratio Decidendi

Constitutional

The legal reasoning or principle upon which a judicial decision is based and which constitutes the binding part of the judgment as precedent. Unlike obiter dictum, the ratio decidendi is the essential rule of law that future courts must follow when faced with similar facts. Identifying the ratio of a Supreme Court or High Court decision is central to the doctrine of precedent in Indian jurisprudence.

Remand

Criminal Law

The act of sending a case back to a lower court or tribunal for further proceedings, or the judicial order authorizing continued detention of an accused. In criminal law, remand can be police custody remand (up to 15 days under Section 167 CrPC, now Section 187 BNSS) or judicial custody remand (up to 60 or 90 days depending on the offence). In appellate proceedings, a case may be remanded for fresh hearing on specific issues.

Res Judicata

Civil Law

The legal doctrine under Section 11 of the Code of Civil Procedure that prevents the same parties from re-litigating issues that have been directly and substantially decided by a competent court in a former suit. The principle aims to ensure finality of litigation and prevent abuse of the judicial process. It applies when the matter in issue is the same, between the same parties, and decided by a court of competent jurisdiction.

Restitution of Conjugal Rights

Family Law

A matrimonial remedy under Section 9 of the Hindu Marriage Act, 1955 (and Section 22 of the Special Marriage Act, 1954) whereby a spouse who has been deserted can petition the court to direct the other spouse to resume cohabitation. While the Supreme Court upheld its constitutionality in Saroj Rani v. Sudarshan Kumar (1984), this remedy remains controversial and its enforcement is limited to attachment of property rather than physical compulsion.

Review Petition

Constitutional

An application under Article 137 of the Constitution or Order XLVII of CPC seeking the court to reconsider its own judgment on grounds of discovery of new evidence, an error apparent on the face of the record, or any other sufficient reason. Review petitions in the Supreme Court are ordinarily decided by circulation without oral arguments. The scope of review is narrower than that of an appeal.

Right to Information

Administrative Law

The statutory right of Indian citizens to access information held by public authorities, established under the Right to Information Act, 2005. Any citizen can request information from a public authority, which must respond within 30 days. The Act creates a two-tier structure of Central and State Information Commissions to hear appeals. Certain categories of information relating to national security, privacy, and cabinet deliberations are exempt.

S

Separation of Powers

Constitutional

The division of government responsibilities into distinct branches — Legislature (Parliament), Executive (Cabinet & President), and Judiciary (Courts) — to prevent concentration of power. Each organ is a check on the others.

Specific Performance

Civil Law

An equitable remedy under the Specific Relief Act, 1963 (as amended in 2018) that compels a party to perform their contractual obligations rather than paying damages. After the 2018 amendment, specific performance has become the general rule rather than an exception. Courts may grant it for contracts relating to immovable property, where monetary compensation would be inadequate.

Stare Decisis

Constitutional

The legal doctrine meaning 'to stand by things decided,' which obligates courts to follow precedents established by higher courts. In India, all courts are bound by the decisions of the Supreme Court under Article 141 of the Constitution. A Supreme Court bench of a larger strength can overrule the decision of a smaller bench, providing a mechanism for the evolution of legal principles.

Stay Order

Civil Law

A court order that temporarily suspends or halts judicial proceedings, the execution of a decree, or the operation of a government order. Stay orders are granted as interim relief pending final adjudication. Under Order XXXIX of CPC, courts may grant stay of proceedings, and under Section 151 CPC, courts have inherent power to issue stays in the interest of justice.

Subpoena

Civil Law

A legal process commanding a person to appear before a court or tribunal to give testimony (subpoena ad testificandum) or to produce documents (subpoena duces tecum). In Indian law, the equivalent is a summons to a witness under Order XVI of CPC or Section 244 of CrPC (now Section 283 of BNSS). Failure to comply can result in penalties including arrest.

Summons

Civil Law

A document issued by a court requiring a person to appear before it at a specified time and place. In civil cases, summons are issued under Order V of CPC to notify the defendant of the suit. In criminal cases, summons are issued under Section 61 of CrPC (now Section 63 of BNSS). Summons-triable cases are less serious offences where the procedure is simpler than warrant-triable cases.

Suo Motu

Constitutional

Latin for "of its own accord" — a cognizance taken by a court on its own initiative without any formal petition from a party. Courts use suo motu powers to address public interest matters proactively.

T

Tax Evasion

Tax Law

The illegal practice of deliberately misrepresenting or concealing information to reduce tax liability. Under the Income Tax Act, 1961, tax evasion can result in penalties of 100-300% of the tax evaded and prosecution with imprisonment up to seven years under Section 276C. Tax avoidance, by contrast, involves legal means to minimise tax and is distinguished from evasion by the presence of dishonest intent.

Tort

Civil Law

A civil wrong, other than a breach of contract, that causes harm or loss to another person and for which the law provides a remedy in the form of damages. India does not have a codified tort law; it relies on common law principles developed through judicial precedent. Common torts in India include negligence, nuisance, defamation, trespass, and false imprisonment.

Tribunal

Administrative Law

A quasi-judicial body established by statute to adjudicate specific types of disputes, providing a specialised and expeditious alternative to regular courts. Key tribunals in India include the National Green Tribunal (environmental), NCLT (company law), ITAT (income tax), CAT (central administrative), and various state tribunals. Article 323A and 323B of the Constitution provide the framework for establishing tribunals.

U

Ultra Vires

Corporate Law

A Latin term meaning 'beyond the powers,' used to describe an act performed by a body or authority that exceeds its legal authority or the powers conferred upon it. In corporate law, acts beyond the scope of a company's memorandum of association are ultra vires and void. In constitutional law, legislation that exceeds the competence of the enacting legislature can be struck down as ultra vires.

Undertrial

Criminal Law

A person who has been charged with a crime and is awaiting trial, typically held in judicial custody. India faces a significant undertrial crisis, with undertrials constituting over 75% of the prison population. Section 436A of CrPC (now Section 479 of BNSS) provides that an undertrial who has served half the maximum sentence for the alleged offence must be released on personal bond.

Unfair Trade Practice

Consumer Law

A practice adopted by a trader or service provider that is deceptive, misleading, or harmful to consumers. Under Section 2(47) of the Consumer Protection Act, 2019, it includes false representation about the quality or standard of goods, misleading advertisements, and hoarding or destroying goods to raise prices. The Central Consumer Protection Authority (CCPA) has the power to investigate and penalise unfair trade practices.

V

Vakalatnama

Civil Law

A formal document by which a litigant authorizes an advocate to appear and plead on their behalf in court proceedings. Under Order III of the Code of Civil Procedure and the rules of the respective High Courts, filing a vakalatnama is mandatory for an advocate to represent a client. It is distinct from a power of attorney, as it specifically relates to court representation.

W

Winding Up

Corporate Law

The process of dissolving a company by liquidating its assets to pay creditors and distributing any remaining surplus to shareholders. Under the Companies Act, 2013, winding up can be by the Tribunal (compulsory) or voluntary. With the enactment of the Insolvency and Bankruptcy Code, 2016, the process for insolvent companies is now primarily governed by the IBC, with the NCLT serving as the adjudicating authority.

Writ Petition

Constitutional

A formal written application filed before the Supreme Court under Article 32 or a High Court under Article 226 of the Constitution seeking the issuance of a writ for enforcement of fundamental rights or for any other purpose. The five types of writs are Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. Article 32 itself is a fundamental right, described by Dr. B.R. Ambedkar as the heart and soul of the Constitution.