📖 Legal Dictionary

The guilty act — the physical element of a crime. A crime requires both actus reus (guilty act) and mens rea (guilty mind). Without actus reus, there is no offence even if criminal intent exists.

Example: In a murder charge, the actus reus is the act of killing; the mens rea is the intention to kill.

Hear the other side — a fundamental principle of natural justice requiring that no person shall be condemned unheard. Every party must be given a fair opportunity to present their case before an adverse order is passed.

Example: If a government employee is dismissed without a show-cause notice, the order violates audi alteram partem and is liable to be quashed.

Postponement of a court hearing to a future date. Courts grant adjournments for valid reasons, but excessive adjournments delay justice. Under CPC amendments, courts can impose costs for unnecessary adjournments.

A written sworn statement of facts made voluntarily under oath or affirmation, used as evidence in court. Must be on proper stamp paper and attested by a Notary Public or oath commissioner.

Friend of the court — a person not party to the case who is invited by the court to assist by providing information, expertise, or legal arguments on matters relevant to the case. Commonly appointed in PIL matters.

Example: In complex PIL matters, the Supreme Court often appoints a senior advocate as amicus curiae.

In good faith — done honestly, without fraud, deceit, or intention to deceive. A bona fide purchaser of property acquires good title even if the seller had a defective title, provided the purchase was without knowledge of the defect.

Example: A bona fide purchaser for value without notice is protected under Section 41 of the Transfer of Property Act.

Temporary release of an accused person from custody upon furnishing a surety or bond. Bail is the rule, jail the exception (Hussainara Khatoon). Types include regular bail, anticipatory bail, interim bail, and default bail.

Let the buyer beware — the principle that the buyer purchases at their own risk and must examine the goods or property before buying. The seller is not liable for defects that the buyer could have discovered through ordinary diligence.

Example: In property sales, caveat emptor requires the buyer to verify title, encumbrances, and physical condition before purchase.

A formal notice filed by a person (caveator) requesting the court not to pass any order in a matter without first giving them an opportunity to be heard. Filed under Section 148A CPC to prevent ex parte orders.

A writ issued by a superior court to an inferior court, tribunal, or authority to quash an order already passed that is without jurisdiction, in violation of natural justice, or contains an error of law apparent on the face of the record.

An offence in which the police can arrest without a warrant and start investigation without permission of the Magistrate. Murder, robbery, kidnapping are cognizable. First Schedule of CrPC/BNSS classifies offences as cognizable or non-cognizable.

Willful disobedience of a court order (civil contempt) or any act that scandalizes or lowers the authority of the court (criminal contempt). Punishable with imprisonment up to 6 months and/or fine under the Contempt of Courts Act, 1971.

The questioning of a witness by the opposing party after examination-in-chief. The most powerful tool for testing truthfulness and credibility of testimony. Leading questions are permitted during cross-examination.

Damage without legal injury — actual loss or harm suffered without any violation of a legal right. No action lies in such cases because the law does not recognize mere loss without infringement of a right.

Example: If a new shop opens next to yours and takes your customers, you suffer loss but no legal right is violated — damnum sine injuria.

In fact / in reality — existing as a matter of fact, whether or not legally recognized. Contrasted with de jure (by law). Used when something exists in practice though it may lack legal authority.

Example: A de facto guardian is a person actually caring for a child, even without legal appointment as guardian.

By law / by right — existing as a matter of law, whether or not it exists in fact. A de jure right is one recognized and enforceable by law, as opposed to de facto (in practice).

Example: The de jure owner of property is the person whose name is on the registered sale deed, even if someone else is in physical possession.

Incapable of committing crime — the legal presumption that a child below a certain age (7 years under BNS/IPC) lacks the mental capacity to form criminal intent and cannot be held criminally liable.

Example: Under Section 82 IPC / Section 17 BNS, a child under 7 years is doli incapax — nothing done by such child is an offence.

The formal expression of the adjudication of a civil suit by a court, conclusively determining the rights of parties regarding all or any of the matters in controversy. Distinguished from an "order" which is not a decree.

From one side only — a proceeding or order made at the request of one party without notice to or in the absence of the other party. Ex parte orders are typically temporary and can be vacated when the absent party appears.

Example: An ex parte injunction may be granted in urgent cases where delay would defeat the purpose of the order.

After the fact — a law that retroactively changes the legal consequences of actions committed before its enactment. Article 20(1) of the Indian Constitution prohibits ex post facto criminal laws.

Example: A person cannot be convicted for an act that was not a crime when committed — this is the prohibition on ex post facto laws.

A legal principle preventing a person from asserting something contrary to what they have previously stated or what has been legally established. If you made someone believe a fact and they acted on it, you cannot later deny that fact.

Example: If a landlord accepted rent from a tenant for years, they are estopped from claiming the tenancy never existed.

Having performed the office — when a court, tribunal, or authority has completed its function and has no further jurisdiction over the matter. Once an order is passed, the authority becomes functus officio and cannot revisit it except through review.

Example: After passing a final decree, the trial court becomes functus officio and cannot modify it except through the review procedure.

A person or entity holding a position of trust in relation to another. A fiduciary must act in the best interest of the beneficiary. Lawyers, trustees, company directors, and guardians are fiduciaries.

Produce the body — a writ directing a person who is detaining another to produce the detained person before the court and show cause for detention. The most powerful remedy against unlawful detention. Article 32 and 226.

Ignorance of law is no excuse — every person is presumed to know the law, and lack of knowledge of the law cannot be used as a defence to escape liability. However, ignorance of fact may sometimes be a valid defence.

Example: A person cannot escape a traffic fine by claiming they did not know the speed limit.

Injury without damage — violation of a legal right without any actual loss or damage. The law provides a remedy even when no actual damage is suffered, because the infringement of a legal right itself is actionable.

Example: If a returning officer wrongfully refuses your vote, you have a legal remedy even though one vote may not change the result — Ashby v. White.

Among other things — used in legal writing to indicate that the list is not exhaustive and other matters are also involved.

Example: The petition challenged, inter alia, the validity of the notification and the procedure followed.

A court order directing a party to do or refrain from doing a specific act. Temporary injunction preserves status quo during trial; permanent injunction is granted in the final decree. Governed by Order 39 CPC and Specific Relief Act.

A temporary order passed during the pendency of a case to protect the interests of the parties until final disposal. Includes interim injunctions, stay orders, and interim maintenance.

The philosophy and theory of law — the study of fundamental legal principles, their origin, development, and application. Also refers to the body of judicial decisions on a particular legal topic.

Right to stand / right to appear — the legal capacity or standing of a person to bring an action or appear in court. In PIL, locus standi has been relaxed — any public-spirited person can file on behalf of disadvantaged persons.

Example: In S.P. Gupta v. UOI, the Supreme Court expanded locus standi to allow any citizen to file PIL for public interest.

The statutory time period within which a legal action must be commenced. After expiry of limitation, the right to sue is extinguished. Governed by the Limitation Act, 1963. Different periods for different types of suits, appeals, and applications.

Example: A civil suit for recovery of money must be filed within 3 years; a suit for possession of immovable property within 12 years.

In bad faith — done with dishonest intention, ulterior motive, or malice. A government order passed with mala fide intent is liable to be struck down. Opposite of bona fide.

Example: A transfer order passed as punishment for filing a complaint is mala fide and can be quashed by the High Court.

Guilty mind — the mental element of a crime. The intention, knowledge, or recklessness required to constitute a criminal offence. Most serious crimes require proof of both actus reus and mens rea.

Example: For murder under Section 302 IPC, the prosecution must prove mens rea — the intention to kill or knowledge that death is likely.

We command — a writ issued by a superior court commanding a public authority to perform a public duty that it has failed or refused to perform. Cannot be issued against a private person or for discretionary acts.

Example: A writ of mandamus can compel the government to decide a pending application within a specified time.

No person should be tried twice — the rule against double jeopardy. Article 20(2) of the Constitution protects against prosecution and punishment for the same offence more than once.

Example: If acquitted of murder, the accused cannot be re-tried for the same murder — this is the protection against double jeopardy.

No one shall be judge in their own cause — the rule against bias, a fundamental principle of natural justice. A judge or authority with personal interest in the matter must recuse themselves.

Example: If a judge holds shares in a company that is a party to the case, they must recuse — as held in A.K. Kraipak v. UOI.

The fundamental rules of fair procedure that must be followed by any authority making a decision affecting a person's rights. Two pillars: (1) Audi alteram partem — right to be heard; (2) Nemo judex in causa sua — no bias.

An offence where bail is not a matter of right but at the discretion of the court. Serious offences like murder, dacoity, and kidnapping are non-bailable. The court considers the gravity of offence, likelihood of fleeing, and tampering with evidence.

Said in passing — observations made by a judge that are not essential to the decision and do not form part of the binding ratio decidendi. Obiter dicta have persuasive value but are not binding precedent.

Example: The Supreme Court's observation on Uniform Civil Code in Shah Bano was obiter dictum, not the ratio of the case.

Burden of proof — the obligation to prove a fact in dispute. In civil cases, the burden is on the plaintiff (preponderance of probability). In criminal cases, the prosecution must prove guilt beyond reasonable doubt.

Through lack of care — a decision given in ignorance of a relevant statutory provision or binding authority. A per incuriam decision is not binding precedent and need not be followed.

Example: If a High Court decides a case without considering a directly applicable Supreme Court judgment, its decision is per incuriam.

At first sight / on the face of it — evidence or a case that appears sufficient on its face to establish a fact unless rebutted. A prima facie case is one where the evidence, if unrebutted, would be sufficient to prove the claim.

Example: The court found a prima facie case of negligence and granted an interim injunction.

On equal footing — with equal step. Creditors ranking pari passu share proportionately in the assets. Used in insolvency, banking, and company law to denote equal priority.

A negotiated agreement where the accused pleads guilty to a lesser charge in exchange for a lighter sentence. Introduced in Indian law through Chapter XXIA of CrPC (now BNSS). Available for offences with maximum sentence up to 7 years.

The written statement filed by the plaintiff in a civil suit setting out the facts, cause of action, and relief claimed. Must comply with Order VII of CPC including valuation, jurisdiction, and limitation.

A previous court decision that serves as a guide for deciding similar cases in the future. Supreme Court decisions are binding on all courts; High Court decisions are binding within their jurisdiction. Based on stare decisis.

A writ issued by a superior court directing an inferior court or tribunal to stop proceedings that are beyond its jurisdiction. Unlike certiorari (which quashes orders already passed), prohibition prevents future unauthorized proceedings.

When a person makes a clear promise and another person acts upon it to their detriment, the promisor cannot go back on the promise. Applied against the government when it makes representations on which citizens rely.

Example: If the government promises tax exemption and an industry sets up based on it, the government is estopped from withdrawing the exemption.

By what authority — a writ challenging a person's right to hold a public office. If a person holds a public office without legal qualification or authority, any citizen can seek quo warranto to remove them from that office.

Setting aside or annulling a criminal proceeding, FIR, or charge sheet by a court. Under Section 482 CrPC (Section 528 BNSS) or Article 226, the High Court can quash proceedings to prevent abuse of process or to secure ends of justice.

The reason for the decision — the legal principle or rule that forms the basis of a court's judgment. The ratio decidendi of a superior court is binding on lower courts as precedent. Distinguished from obiter dictum.

Example: The ratio decidendi of Kesavananda Bharati is that Parliament cannot alter the basic structure of the Constitution.

A matter already judged — the principle that a matter decided by a competent court cannot be re-litigated between the same parties. Section 11 of CPC embodies this doctrine. Prevents multiplicity of proceedings and conflicting decisions.

Example: If a civil court has already dismissed your suit for title, you cannot file a fresh suit on the same cause of action — it is barred by res judicata.

Matter under consideration — a case currently pending before a court. Section 10 of CPC bars trial of a suit where the matter is already sub judice in a previously instituted suit.

Example: Media must exercise caution in reporting matters that are res sub judice to avoid contempt of court.

To stand by decided matters — the doctrine requiring courts to follow precedents set by higher courts and their own previous decisions. Ensures consistency, certainty, and predictability in law.

Example: Under stare decisis, a High Court is bound to follow Supreme Court judgments on the same legal point.

On its own motion — when a court takes cognizance of a matter without being approached by any party. Courts can act suo motu based on news reports, letters, or any information that reveals violation of rights.

Example: The Supreme Court took suo motu cognizance of the Ramlila Maidan police action based on news reports.

An equitable remedy compelling a party to perform their obligations under a contract, as opposed to mere monetary damages. Commonly sought in property sale agreements where monetary compensation is inadequate. Governed by Specific Relief Act, 1963.

A court order temporarily halting or suspending a proceeding, execution of a decree, or implementation of an administrative order. Granted to maintain status quo and prevent irreparable harm during pendency of the matter.

Under penalty — a court order requiring a person to appear as a witness or produce documents. Failure to comply with a subpoena may result in contempt proceedings or a warrant of arrest.

A civil wrong (other than breach of contract) that causes harm and gives rise to a claim for damages. Includes negligence, nuisance, defamation, trespass, and false imprisonment. Based on common law principles in India.

Where there is a right, there is a remedy — the foundational principle that the law provides a remedy for every infringement of a legal right. No right exists without a corresponding remedy.

Example: Even if no specific statute provides a remedy, the writ jurisdiction of High Courts ensures ubi jus ibi remedium.

Beyond the powers — an act done beyond the legal authority or power of the person or body performing it. An ultra vires act is void and without legal effect. Government orders beyond statutory authority are ultra vires.

Example: A municipal corporation imposing a tax without statutory authorization is acting ultra vires and the tax is void.

To a willing person, no injury is done — a defence in tort law that a person who voluntarily assumes a risk cannot later complain of injury resulting from that risk. The consent must be free, informed, and genuine.

Example: A spectator at a cricket match who is hit by a ball cannot claim damages — volenti non fit injuria applies.

Legal proceedings initiated without sufficient grounds, primarily to harass or annoy the opponent. Courts can dismiss vexatious suits and impose costs. Repeated vexatious litigants can be declared such under Order VII Rule 11 CPC.

Voluntary relinquishment of a known right. A person can waive their legal right, but cannot waive fundamental rights or rights granted for public benefit. Waiver must be intentional and with full knowledge of the right being waived.

A formal written order issued by a court. Under Articles 32 and 226 of the Constitution, the Supreme Court and High Courts can issue five types of writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.

The defence filed by the defendant in response to the plaintiff's plaint. Must be filed within 30 days (extendable to 90 days) under CPC. Contains specific denials, new facts, and legal defences.