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.

The postponement of a hearing to a later date.

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

A written statement of facts, sworn or affirmed by the person making it, for use as evidence.

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

A direction that a person be released on bail in the event of arrest on an apprehended accusation.

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

The final decision of an arbitral tribunal, binding on the parties in place of a court judgment.

A contractual clause by which parties agree to refer future disputes to arbitration.

The tax authority's formal determination of a taxpayer's income/tax liability for a period.

"Hear the other side" — the principle that no one should be condemned unheard.

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.

The failure, without lawful excuse, to perform an obligation under a valid contract.

The obligation on a party to prove a fact in issue.

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

A notice filed to ensure the caveator is heard before any order is passed against their interest.

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

An official copy of a court document, authenticated by the court as a true copy of the original.

The police report submitted to the magistrate on completion of investigation, recommending prosecution.

Fraudulently or dishonestly inducing a person to deliver property or to do or omit an act, 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 and make decisions concerning a minor child.

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

An offence for which police may arrest without a warrant and start investigation without a magistrate's order.

A dispute of a commercial nature above a specified value, triable by a designated Commercial Court.

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

A complaint filed before a consumer forum alleging deficiency in service, unfair trade practice, or defective goods.

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.

The unauthorized use of a work in which copyright subsists, in a manner reserved 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.

The statutory fee, usually paid via stamp, required to institute or file a proceeding in an Indian court.

A direction issued by a court during the course of proceedings, short of a final judgment or decree.

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

The questioning of a witness by the opposing party, typically to test or contradict their testimony.

Causing death by an act done with the intention or knowledge that it is likely to cause death.

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 a court's final adjudication conclusively determining the rights of the parties.

Making or publishing an imputation about a person intending to harm their reputation.

The party against whom a civil suit is brought.

Any fault, imperfection, or shortcoming in the quality of service a person was contractually or legally required to maintain.

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.

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

A proceeding or order made in the absence of one party.

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

The initial questioning of a witness by the party who called them.

The numbered list of every document in a filing, in the order they are to be read and bound.

The first recorded information given to police 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.

The basic rights guaranteed to individuals by Part III of the Constitution of India.

A statutory lump-sum payment made by an employer to an employee on termination after a qualifying period of continuous service.

A statement made out of court, offered to prove the truth of what it asserts, generally inadmissible.

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.

A dispute connected with employment or the terms of employment between employers and workmen, or among workmen.

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.

Credit for GST paid on inputs, available to be set off against GST payable on outputs.

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

An application seeking interim relief or a procedural order within a pending suit.

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

Temporary relief granted by a court to preserve the status quo until the case is finally decided.

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.

A court's final statement of the grounds for its decision on the matters in issue, ordinarily followed by a decree.

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

A chronological table of the key dates and events leading up to a filing.

The legal right of a party to bring a matter before a court.

Financial support one person is legally obligated to provide to a spouse, child, or dependent parent.

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.

The formal list of every party to a proceeding, with their full names, descriptions, and addresses.

The foundational charter document defining a company's objects and scope of activity.

"A guilty mind" — the mental element required for criminal liability.

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

The transfer of an interest in immovable property to secure repayment of money advanced.

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.

Conduct in a company's affairs that is prejudicial or oppressive to members, or contrary to public interest.

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

An exclusive right granted for a new and useful invention involving an inventive step.

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 written statement of claim by which a civil suit is instituted.

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 brought to vindicate the public interest, often by a person not personally affected.

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.

"A matter already judged" — a rule barring re-litigation of an issue already finally decided.

A remedy compelling a spouse who has withdrawn from the other's society, without reasonable cause, to return.

The termination of a workman's employment by the employer for reasons other than punishment.

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.

The legal jurisdiction whose arbitration law governs the arbitral proceedings.

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

A notice requiring a person to explain why a proposed adverse action should not be taken against them.

A court-ordered remedy compelling a party to actually perform their contractual obligation.

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 brief, self-contained summary of a case's facts and prayer, filed at the start of a filing bundle.

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 legal document evidencing ownership of immovable property.

A mark capable of distinguishing one person's goods or services from those of others.

"Where there is a right, there is a remedy."

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.

A trade practice adopting unfair or deceptive methods to promote the sale of goods or services.

The formal document by which a client authorizes an advocate to represent them.

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 legal process of bringing a company's existence to an end and distributing its assets.

A petition invoking a constitutional court's power to issue prerogative writs for enforcement of rights.

The defendant's formal written reply to the plaint.