Legal Knowledge Library

An act does not make a person guilty unless the mind is also guilty — the basis for requiring both actus reus and mens rea.

Acquisition of ownership of property through open, continuous, and hostile possession for the statutory period, to the exclusion of the true owner.

Friend of the court — a person or organisation, not a party, permitted to assist the court by offering information or argument.

Bail granted in anticipation of arrest, before the person is actually taken into custody.

An application under Section 438 CrPC / the corresponding BNSS provision seeking bail in anticipation of arrest.

The final decision rendered by an arbitral tribunal, binding on the parties and enforceable as a decree of court.

Hear the other side — the principle of natural justice requiring a fair hearing before an adverse decision.

An application seeking release of an accused person from custody, on such conditions as the court may impose.

Delivery of goods by one person to another for a purpose, on the condition that they be returned or disposed of as directed once the purpose is fulfilled.

The judicially-evolved doctrine that Parliament's power to amend the Constitution does not extend to altering its basic structure.

In good faith — describes conduct undertaken honestly, without intent to deceive.

Failure, without lawful excuse, to perform an obligation under a contract.

The obligation of a party to prove the facts they assert, generally lying on the party who would fail if no evidence were given.

The bundle of essential facts that gives a person the right to sue.

Let the buyer beware — historically placing the risk of defects on the buyer, now substantially qualified by consumer protection law.

Deceiving a person to induce them to deliver property or do/omit an act they would not otherwise have done, causing harm.

Non-payment of a cheque by the drawee bank, giving rise to criminal liability under Section 138 of the Negotiable Instruments Act on fulfilment of statutory conditions.

The legal right and responsibility to care for a minor child, decided by courts primarily on the basis of the child's welfare.

Committing or threatening an act forbidden by law to induce a person to enter into an agreement, vitiating free consent.

Something of value given by each party to a contract that induces them to enter into the agreement.

A complaint filed by a consumer before a Consumer Commission alleging deficiency in service or unfair trade practice.

A contract to do or not do something if a specified uncertain future event happens or does not happen.

A relationship where one person (agent) is employed to act on behalf of another (principal) in dealings with third parties.

A contract to perform the promise or discharge the liability of a third person in case of their default.

Property in a Hindu joint family in which coparceners acquire an interest by birth.

Unauthorised reproduction, distribution, or use of a copyrighted work in a manner reserved exclusively to the copyright owner.

The time-bound process under the IBC for resolving insolvency of a corporate debtor, culminating in a resolution plan or liquidation.

An agreement between two or more persons to do an illegal act, or a legal act by illegal means.

Causing death with the intention or knowledge likely to cause death, distinguished from murder by the degree of intention/knowledge.

Offences committed using computer systems or networks, addressed principally under the Information Technology Act alongside general criminal law.

Damage without legal injury — loss that does not give rise to a legal claim because no legal right was violated.

Since the 2005 amendment to the Hindu Succession Act, a daughter has an equal coparcenary right in ancestral Hindu joint family property, on par with a son.

In fact — describing a state of affairs that exists in practice, whether or not legally recognised.

By law — describing a state of affairs that is legally recognised, as distinguished from de facto.

The law does not concern itself with trifles — courts generally will not adjudicate insignificant matters.

The formal expression of an adjudication conclusively determining the rights of the parties in a suit.

The party against whom a civil suit is brought.

Dissolution of marriage where both spouses agree to separate, filed jointly under Section 13B of the Hindu Marriage Act (or the corresponding provision of the applicable personal law/Special Marriage Act).

A right enjoyed by the owner of one piece of land over another's land, such as a right of way, for the beneficial enjoyment of their own land.

As a favour — describes a payment made without legal obligation to do so.

No action arises from a base or illegal cause — courts will not assist a claim founded on an illegal transaction.

The document prepared by police when they first receive information about the commission of a cognizable offence.

A false representation made knowingly, or without belief in its truth, to induce another to enter a contract.

Discharge of a contract because performance has become impossible or unlawful due to an event beyond the parties' control.

Having discharged the office — describes an authority that has completed its function and no longer has power to act on the matter.

Basic rights guaranteed under Part III of the Constitution, enforceable directly through the Supreme Court and High Courts.

A statutory lump-sum payment made by an employer to an employee on retirement, resignation, or termination after qualifying continuous service.

A consumer complaint may be filed before the appropriate Consumer Commission (District, State, or National, based on value) online via e-Jagriti or in person, with supporting documents of the transaction and deficiency.

Divorce in India may be sought by mutual consent or on fault/breakdown grounds under the applicable personal law (e.g. the Hindu Marriage Act) or the Special Marriage Act.

Money owed can generally be recovered by a civil suit for recovery, and in appropriate cases (e.g. dishonoured cheques or acknowledged debts) via summary suit or a Section 138 complaint.

Ignorance of law is no excuse — a person cannot avoid liability by claiming they did not know the law.

Proceedings held privately, away from the public and press, ordered in sensitive matters such as those involving minors.

In equal fault — where both parties are equally at fault, the position of the defendant is stronger.

A contractual promise to compensate another for loss caused by the promisor or a third party.

An injunction restraining breach of a negative covenant in a contract, even where the contract's positive obligations cannot be specifically enforced.

Legal injury without actual damage — a legal right violated is actionable even without proof of actual loss.

Among other things — commonly used in pleadings to indicate a non-exhaustive list.

An application under Order XXXIX Rules 1-2 CPC seeking a temporary injunction pending disposal of the suit.

Devolution of a deceased person's property according to statutory rules of inheritance, applicable when they die without a valid will.

Within the powers — describes an act done within the legal authority of the person or body performing it.

By the fact itself — describes a consequence that follows automatically from a stated fact.

The power of courts to examine the constitutionality of legislative and executive action.

Financial support one spouse, or a parent, is legally obliged to provide to another unable to maintain themselves.

In bad faith — describes conduct undertaken dishonestly or with an improper motive.

An injunction compelling a party to perform a specific act, rather than merely restraining conduct.

An innocent false statement of fact inducing another to enter a contract, without intent to deceive.

A claim for compensation filed before the Motor Accidents Claims Tribunal for death, injury, or property damage arising from a motor vehicle accident.

Culpable homicide committed with specified aggravating states of intention or knowledge, making it the gravest form of unlawful killing.

No one can give what they do not have — a person cannot transfer a better title to property than they themselves possess.

Things said by the way — observations made by a judge that are not essential to the decision and are not binding precedent.

The foundational elements of contract formation — a proposal by one party and its unqualified acceptance by another.

The burden of proving — another term for the burden of proof resting on a party.

Agreements must be kept — the foundational principle that valid contracts must be honoured.

An exclusive right granted for an invention that is new, involves an inventive step, and is capable of industrial application.

Through lack of care — a decision rendered without reference to a relevant statute or binding precedent, and therefore not binding.

A final injunction granted after trial, perpetually restraining a party from a specified act, governed by the Specific Relief Act.

The pleading by which a civil suit is instituted, setting out the plaintiff's cause of action and relief sought.

The party who institutes a civil suit against another.

The principle that a party causing environmental pollution bears the cost of remedying the harm caused.

At first sight — describes a fact or case presumed true unless disproved.

The document itself produced for inspection of the court, generally required unless a statutory exception applies.

Litigation instituted to protect public interest, allowing relaxed standing requirements for a bona fide petitioner.

An order by a High Court, typically under its inherent powers, terminating criminal proceedings at the FIR or complaint stage.

One who acts through another acts himself — the basis of vicarious liability for the acts of an agent or employee.

The reason for deciding — the binding legal principle underlying a court's decision, as distinguished from obiter dicta.

The thing speaks for itself — allows an inference of negligence from the mere occurrence of an accident in certain circumstances.

The principle that a matter already adjudicated by a competent court cannot be relitigated between the same parties.

Termination of an employee's service for reasons other than punishment, subject to statutory notice and compensation requirements.

A statutory right permitting reasonable force to protect person or property, subject to limits and not extending to causing more harm than necessary.

A statutory right enabling citizens to request information from public authorities, under the Right to Information Act, 2005.

A person arrested has rights including being informed of the grounds of arrest, being produced before a Magistrate within 24 hours, and the right to consult a legal practitioner of their choice.

Evidence admissible in place of primary evidence, such as certified copies, in circumstances permitted by law.

A remedy compelling a party to perform their part of a contract, rather than merely paying damages, under the Specific Relief Act.

To stand by things decided — the doctrine that courts should follow precedent set by earlier decisions.

Under judgment — describes a matter currently under consideration by a court.

A suit seeking a permanent or mandatory injunction restraining or compelling a specified act.

On its own motion — describes action taken by a court or authority without a formal application by a party.

A court order restraining a party from doing a particular act, pending final disposal of the suit.

Eviction of a tenant generally requires following the procedure and grounds specified under the applicable State Rent Control Act, or, where inapplicable, an ordinary civil suit for possession.

Devolution of a deceased person's property according to a valid will.

A mark capable of distinguishing the goods or services of one person from those of others, registrable under the Trade Marks Act.

Where there is a right, there is a remedy — the principle that the law provides a remedy for every legal right infringed.

Beyond the powers — describes an act done in excess of the legal authority of the person or body performing it.

Use of a dominant position to obtain an unfair advantage over another party, vitiating free consent.

An agreement not enforceable by law from its inception.

A contract enforceable at the option of one party but not the other, e.g. one induced by coercion or fraud.

To a willing person, no injury is done — a defence that a person who consents to a risk cannot claim damages for its consequences.

Cheque dishonour can attract criminal liability under Section 138 of the Negotiable Instruments Act once a statutory demand notice is issued and unpaid within the prescribed period.

The process of dissolving a company, realising its assets, and distributing proceeds among creditors and shareholders.

A petition invoking a High Court's or the Supreme Court's writ jurisdiction under Article 226 or Article 32 of the Constitution.

The defendant's formal reply to a plaint, admitting or denying its allegations and raising defences.