Hindi Legal Dictionary हिंदी कानूनी शब्दकोश — न्यायालय शब्दावली एवं FIR शब्द

A person enrolled with the Bar Council of India or a State Bar Council who is entitled to practise law in Indian courts. An advocate represents parties in court proceedings, drafts pleadings, and advises clients on legal matters.

A written authority given by a client (party) to an advocate authorising that advocate to appear and act on the client's behalf in court. Without a vakalatnama, an advocate has no authority to represent the client.

The list of cases scheduled for hearing on a particular day in a particular court. Published daily. Lawyers and parties check the cause list to know the serial number and approximate time of their case's hearing.

A written statement made under oath (or affirmation) before a Magistrate or Notary Public. An affidavit is used in court as evidence of facts stated therein. It must be sworn/affirmed by the deponent and attested by an authorised officer.

A temporary order by a court directing that no further action be taken in a matter until the court gives a further order. A stay order preserves the status quo. It is an interlocutory (interim) relief — not a final order.

Wilful disobedience of any court order/judgment (civil contempt) or conduct that scandalises or lowers the authority of a court (criminal contempt). Punishable with up to 6 months imprisonment or ₹2000 fine or both under the Contempt of Courts Act 1971.

An order passed when only one party appears before the court — the other party has either not been served or has not appeared despite notice. An ex-parte order can be set aside on application by the absent party showing sufficient cause for non-appearance.

Postponement of a court hearing to another date. Courts grant adjournments for valid reasons — preparation of defence, illness, absence of witness etc. Repeated unnecessary adjournments are discouraged and courts may impose costs.

The authority of a court to hear and decide a case. Three types: (1) Territorial — based on location of offence/parties; (2) Pecuniary — based on money value of claim; (3) Subject matter — type of dispute. Filing in wrong court results in rejection or transfer.

An application filed during the pendency of a main case to seek a specific interim direction from court — such as stay, injunction, production of documents, appointment of receiver or amendment of pleadings. Decided before the final judgment.

When a court takes up a matter on its own initiative without any party filing a complaint. Courts exercise suo motu powers in public interest matters, news reports of serious violations, or natural disasters. Common in High Courts and Supreme Court.

Power of Supreme Court (Article 32) and High Courts (Article 226) to review and strike down any law, government order or executive action that violates the Constitution or fundamental rights. Cornerstone of constitutional governance in India.

Literally 'friend of the court' — a person not party to the case who assists the court with information, expertise or arguments on important questions of law. Usually appointed by the court in PILs and constitutional matters.

The legal right or standing to bring a case before a court. A person without personal interest or connection to the dispute generally lacks locus standi. In PILs, locus standi is relaxed — any public-spirited person may file.

A notice filed in court requesting that no order be passed in a matter without first giving the caveator an opportunity to be heard. Valid for 90 days under CPC. Filed by a person who expects the other side to approach court and wants to be notified.

Fee paid to the government on filing plaints, petitions, or appeals. Calculated as a percentage of claim value (ad valorem) or as fixed rates for specific petitions. Insufficient court fee results in rejection of the filing.

Maximum time within which legal proceedings must be initiated under the Limitation Act 1963. After expiry — the claim is time-barred. Examples: civil recovery suit — 3 years; cheque bounce complaint — 1 month after expiry of 15-day notice period; MACT petition — 6 months from accident.

Judgment — formal decision on all issues in a case. Order — direction on a specific point during proceedings. Decree — civil court's formal expression determining rights of parties — only a decree can be executed (enforced) and appealed as such. An order is not a decree unless it finally disposes the suit.

Petition filed in High Court (Article 226) or Supreme Court (Article 32) by any person in public interest — not necessarily for personal benefit. Locus standi is relaxed. Has led to major reforms — prison conditions, bonded labour, environmental protection.

Petition filed before High Court (Article 226) or Supreme Court (Article 32) to enforce fundamental rights or challenge illegal government/authority action. Five types of writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto.

A writ by which a higher court calls for record of a lower court or tribunal to examine if it acted within jurisdiction. Used to quash orders passed without jurisdiction or in violation of natural justice. Applied to inferior courts and quasi-judicial bodies.

A writ directing a lower court/tribunal to STOP exercising jurisdiction beyond its competence. Unlike certiorari — which quashes an already-passed order — prohibition PREVENTS the lower court from proceeding further in a matter beyond its authority.

A writ challenging a person's right to hold a public office. If a person holds public office without legal authority or qualification, quo warranto proceedings require them to show by what authority they hold the office — and if none, they are ousted.

Power of a higher court to correct errors of law, jurisdiction or procedure of lower courts — not to re-examine merits. Sessions Court has revision jurisdiction over Magistrate orders; High Court over Sessions Court. Governed by S.397-401 CrPC / S.438-442 BNSS for criminal matters.

Right to challenge a court's decision before a superior court. From Magistrate — appeal to Sessions Court; Sessions to High Court; High Court to Supreme Court. Appeals lie on questions of law, fact, or both depending on the nature of the case and the court.

Process by which a court enforces its decree/order when the judgment debtor fails to comply voluntarily. Methods: attachment and sale of property, arrest of judgment debtor, appointment of receiver, attachment of salary. Filed as Execution Petition in the court that passed the decree.

A matter already pending before a competent court in a previous suit. Under S.10 CPC — if same matter is sub judice in another court between same parties, subsequent suit shall be stayed. Prevents multiplicity of proceedings on identical issues.

Legal document authorising one person to act on behalf of another. General Power of Attorney (GPA) — broad authority for various acts. Special Power of Attorney (SPA) — for a specific transaction. Must be registered for immovable property transactions. Revocable by the principal at any time.

Notary — public official authorised to certify documents, administer oaths, attest affidavits and authenticate copies. Oath Commissioner — specifically administers oaths for affidavits to be filed in court. Notarisation makes documents admissible in court and government offices.

Tax paid to government on legal documents — sale deed, gift deed, lease, power of attorney etc. Unstamped or insufficiently stamped documents are not admissible as evidence and cannot be registered. Governed by Indian Stamp Act 1899 and state stamp acts. In Delhi — 6% for sale deeds.

When a person holds property/money but two or more persons claim it adversely, the holder files an interpleader suit — deposits the subject matter with court and withdraws, leaving the rival claimants to litigate. The holder is discharged from further liability.

Profits received by a person in wrongful possession of property — profits the rightful owner could have earned. Courts award mesne profits in possession suits — calculated as reasonable rent for the period of wrongful possession. Applied along with decree for possession.

If a person has been in continuous, open, peaceful, exclusive and hostile (without permission) possession of private property for 12 years (30 years for government property), they may claim title by adverse possession. Original owner's right to sue is extinguished by limitation.

Specialised courts under Commercial Courts Act 2015 for commercial disputes above ₹3 lakh. These courts have strict timelines, mandatory pre-institution mediation, and judges experienced in commercial matters. Aim is faster disposal than regular civil courts.

Examination-in-chief — first questioning of a witness by the party who called them. Cross-examination — questioning by the opposite party to test credibility and elicit favourable facts. Re-examination — limited questioning by calling party after cross — only on matters arising from cross-examination.

A witness who, in the opinion of the court, is not giving truthful testimony and is adverse to the party who called them. Under S.154 Evidence Act/S.153 BSA — court may permit the party calling a hostile witness to cross-examine them. Common in criminal cases when witnesses are intimidated.

Person appointed by court to inspect property, record evidence, serve summons or prepare a report. In partition suits — commissioner inspects property and suggests division. In civil suits — commissioner may be appointed to record evidence of witnesses who cannot attend court.

When a party to a suit dies or becomes insolvent during pendency — the suit does not automatically end. Legal representatives must be brought on record within 90 days under Order 22 CPC. If not done — suit abates. Can be revived by court on sufficient cause shown.

When parties to a suit reach a settlement and the court records it and passes a decree in terms of the compromise — it is a compromise decree. Binding on parties — can be executed like any other decree. Court must satisfy itself that compromise is lawful and genuine.

When urgent relief is needed immediately — lawyers 'mention' the matter before the Chief Justice or roster judge for urgent listing. For interim applications like anticipatory bail, temporary injunctions — courts often hear the matter on the same day or next day in emergencies.

The administrative official in a court who maintains records, files documents, issues process (summons, notices, warrants), prepares cause lists and maintains court records. An essential court functionary — filings are made with the Ahlmad who assigns case numbers and records all proceedings.

A special category of advocates certified to file cases and appear in the Supreme Court of India. Only AORs can file documents in Supreme Court on behalf of parties. AOR must pass a special examination conducted by the Supreme Court.

Under Article 136 of the Constitution — the Supreme Court may grant special leave to appeal from any judgment, decree, order or sentence of any court or tribunal in India. Discretionary power — SC may refuse SLP without giving reasons. Most SC matters begin as SLPs.

Under S.166A-B CrPC/S.187-188 BNSS — letters of request can be sent to foreign courts to take evidence of witnesses abroad or to obtain documents. Reciprocally, foreign courts may send letters to Indian courts for evidence. Used in money laundering, fraud and NRI matrimonial cases.

Process in execution of decree — court officer attaches (seizes) judgment debtor's property and if debt not paid — property is auctioned. Attached property cannot be transferred by judgment debtor. Proceeds of sale are paid to decree holder in satisfaction of decree.

A copy of a court document or record certified as true by the concerned court officer. Required for filing appeals (certified copy of impugned judgment), for reference in other courts, and as proof of court orders. Takes 1-7 working days to obtain from court registry.

Under S.34 Specific Relief Act — a suit seeking a court's declaration of the plaintiff's legal right/status/title — without necessarily seeking consequential relief. Example: declaration that a sale deed is void, or that plaintiff is the rightful owner of property.

Court direction to a witness to appear and give evidence, or to produce documents. In criminal cases — summons to witnesses under S.61 CrPC/S.63 BNSS. Failure to comply with witness summons is an offence punishable with fine.

Under S.482 CrPC/S.528 BNSS — High Courts have inherent powers to make such orders as may be necessary to give effect to any order, to prevent abuse of the process of court, or to otherwise secure the ends of justice. Used for quashing FIRs, stopping criminal proceedings etc.

Vakalatnama — written authority given by party to advocate authorising them to represent. Memo of Appearance — simpler document filed by advocate in some courts (especially High Courts) to record appearance in a matter. Both serve to put advocate on record.

The obligation to prove a fact. In civil cases — burden is on plaintiff to prove their case. In criminal cases — burden is on prosecution to prove guilt beyond reasonable doubt. Burden may shift — e.g., in cases of certain presumptions like dowry death.

Temporary release of an arrested person from custody upon providing a surety or bond that they will appear in court as directed. In bailable offences — bail is a right; in non-bailable offences — bail is at court's discretion based on factors like seriousness of offence, flight risk, criminal antecedents.

Bail obtained before arrest under S.438 CrPC/S.482 BNSS — when a person has reason to believe they may be arrested for a non-bailable offence. Applied before Sessions Court or High Court. Under BNSS — interim anticipatory bail limited to 40 days in most cases. Protects against arrest.

An offence where police can arrest without warrant, register FIR and investigate without prior permission of Magistrate. Examples: murder, rape, robbery, dacoity, 498A, NDPS. Non-cognizable offences require Magistrate's order before investigation.

Formal document filed by police in court after completing investigation under S.173 CrPC/S.193 BNSS. Contains accused details, offences, list of witnesses, documents seized, FSL reports. Must be filed within 60 days (offences up to 10 yrs) or 90 days (beyond 10 yrs) — else default bail.

Judicial authorisation for continued detention of arrested accused. Police Remand (PC) — accused in police custody for interrogation — max 15 days. Judicial Remand (JC) — accused in jail under Magistrate's supervision. If chargesheet not filed in 60/90 days — default bail becomes available.

Formal declaration by court that accused is NOT guilty of the charged offence — after full trial. Prosecution failed to prove guilt beyond reasonable doubt. Once acquitted, accused cannot be tried again for same offence (double jeopardy). Different from discharge — which is pre-trial.

An offence where bail is NOT a right — it is at court's discretion. Court considers: seriousness, criminal history, flight risk, evidence tampering likelihood. Examples: murder (S.302 IPC/S.101 BNS), rape, NDPS commercial quantity, terrorism. Police cannot grant bail — only court can.

If police fail to file chargesheet within 60 days (offences up to 10 yrs) or 90 days (10+ yr offences) — accused gets bail as an absolute right. This is the default/statutory bail under S.167(2) CrPC/S.187(2) BNSS — an indefeasible right which the court cannot refuse if chargesheet is not filed on time.

After cognizance, if court finds prima facie case, it formally frames the charge — precise statement of offence alleged. Under BNSS — charge must be framed within 60 days of first hearing. Accused pleads guilty or not guilty. Framing of charge begins the formal trial.

Order by court acquitting accused at charge-framing stage — when no sufficient ground for proceeding to trial exists. Under S.227 CrPC/S.250 BNSS for Sessions cases; S.239 CrPC/S.262 BNSS for warrant cases. Different from acquittal — discharge is BEFORE trial; acquittal is AFTER full trial.

Formal declaration by court that accused IS guilty — after completing full trial. Requires proof beyond reasonable doubt. Followed by sentencing. Accused can appeal conviction to higher court. Opposite of acquittal.

Formal act by Magistrate of taking notice of an alleged offence and deciding to proceed with the case. Taken in three ways: (a) on complaint, (b) on police chargesheet, (c) suo motu. Taking cognizance begins the judicial process. Magistrate cannot take cognizance without jurisdiction.

Process where accused pleads guilty in exchange for lesser sentence. Available for offences with less than 7 years punishment. NOT available for: offences against women/children, socioeconomic offences. Under S.265A-L CrPC/S.289-300 BNSS. Faster resolution — victim's consent needed.

Power of Magistrate to ORDER police investigation when police refuse FIR or fail to investigate. Aggrieved person files application/complaint before Magistrate. Magistrate can direct SHO to investigate and file report. Now under S.175(3) BNSS. Often filed when police inaction.

High Court can cancel/quash an FIR under its inherent powers (S.482 CrPC/S.528 BNSS) when: FIR is malicious/false, dispute is civil in nature, parties have settled, no prima facie offence disclosed. HC exercises this power sparingly to prevent abuse of criminal process.

Case initiated by private complainant directly before Magistrate — not through police FIR. Used for non-cognizable offences and when police refuse to act. Magistrate examines complainant on oath under S.200 CrPC/S.223 BNSS. Used in cheque bounce (S.138 NI Act), defamation, minor assault cases.

Statement made by a person about to die regarding cause of death or circumstances leading to it. Admissible under S.32(1) Evidence Act/S.26 BSA. Can be sole basis for conviction if found reliable. Best recorded by Magistrate; may also be recorded by doctor or police.

Under S.82 CrPC/S.84 BNSS — when accused fails to appear despite warrant, court publishes proclamation requiring them to appear within 30 days. If no appearance, declared a proclaimed offender — property can be attached. Non-bailable warrant (NBW) precedes proclamation.

Concurrent — all sentences run simultaneously (serve the longest one). Consecutive — sentences run one after another. Court has discretion under S.31 CrPC/S.33 BNSS. In cases of multiple offences, court must state whether sentences run concurrently or consecutively.

Under S.37 NDPS Act — for bail in commercial quantity drug cases, court must be satisfied: (1) accused is NOT guilty, AND (2) accused will NOT commit offence on bail. This is a very high, near-impossible standard — essentially reversal of ordinary bail law. Even High Courts rarely grant bail.

Certain offences under S.320 CrPC/S.358 BNSS can be settled by agreement between victim and accused. Some need court permission; others can be compounded by parties themselves. Compounding results in acquittal. NOT available for serious offences like murder, rape, dacoity.

Mandatory prior permission from appropriate government before prosecuting a public servant for acts done in official capacity — under S.197 CrPC/S.218 BNSS. Without sanction — Magistrate cannot take cognizance. Applies to judges, police officers, armed forces and government servants discharging official duty.

Accused's statement admitting guilt. Confession to police is NOT admissible (S.25 Evidence Act/S.23 BSA). Only confession recorded before Magistrate under S.164 CrPC/S.183 BNSS is admissible. Must be free and voluntary — without inducement, threat or promise.

Under S.313 CrPC/S.351 BNSS — after prosecution evidence is complete, court personally examines accused to explain each incriminating circumstance. Accused need not be sworn. Statement cannot be used as evidence of guilt — only to test prosecution evidence. Accused may deny, explain or remain silent.

POCSO Act 2012 protects children under 18 from sexual assault, harassment and pornography. Offences are cognizable, non-bailable. Trial in Special POCSO Court. Reverse burden of proof — accused must prove innocence once basic facts established. FIR mandatory for any information about POCSO offence.

Under Probation of Offenders Act 1958 / S.360 CrPC/S.401 BNSS — first offenders (especially young) may be released on probation of good conduct instead of imprisonment. Court considers age, nature of offence, circumstances. Not available for death/life imprisonment offences.

Procedure conducted by Magistrate before chargesheet — witnesses identify accused among a group of similar persons. Used when accused was not previously known to witnesses. Conducted in jail or neutral location. Failure to hold TIP when required can weaken prosecution case significantly.

Bail granted can be cancelled if: (1) accused misuses bail (tampers with evidence, threatens witnesses), (2) bail conditions are violated, (3) new facts show bail should not have been granted, (4) accused commits fresh offence while on bail. Under S.439(2) CrPC/S.483(2) BNSS — higher court may cancel bail granted by lower court.

Facilitating or assisting another person to commit a crime. Under S.107 IPC/S.45 BNS — abetment is by: (1) instigation, (2) conspiracy, or (3) intentional aid. Abettor is punished the same as principal offender if the offence is committed as a result.

Where several persons each commit an act in furtherance of the common intention of all — each person is liable as if they had done it alone. Does not require prior conspiracy — can form spontaneously. Key: must prove common intention at the time of the act.

FIR — for cognizable offences — filed with police — police can investigate without Magistrate order. Complaint — for non-cognizable offences or when police refuse to act — filed before Magistrate who then decides whether to forward for investigation or proceed on it.

Fundamental principle: every accused is presumed innocent until proven guilty. Prosecution must prove guilt beyond reasonable doubt. Any reasonable doubt = benefit of accused. Accused need not prove innocence — prosecution must disprove innocence.

Warrant of arrest issued by court where police officer cannot accept bail — must bring person before the court. Issued when: accused repeatedly fails to appear, serious offences, risk of absconding. After NBW — if still not appearing — proclamation under S.82 CrPC follows.

An accused who is tendered pardon under S.306 CrPC/S.343 BNSS to become a prosecution witness against co-accused. Approver's evidence must be corroborated in material particulars. Court examines if compliance of pardon conditions was met. Pardon may be withdrawn if approver gives false evidence.

Under S.357 CrPC/S.395 BNSS — court can order convicted person to pay compensation to victim. Under S.357A — every state must have a Victim Compensation Scheme — applicable even when accused is acquitted or untraceable. DLSA/SLSA administer these funds.

When anticipatory bail is granted, courts typically impose conditions: (1) surrender passport, (2) report to IO weekly, (3) not leave country without permission, (4) not tamper with evidence, (5) cooperate in investigation, (6) not contact witnesses. Violation leads to cancellation.

Cases triable by Magistrate are classified based on punishment: Summons case — offence punishable with up to 2 years imprisonment — simpler procedure. Warrant case — offence punishable with more than 2 years — more elaborate trial with charge framing. Classification affects procedure, not the warrant/summons issued.

Special anti-terrorism law with stringent bail provisions — accused must show they are not guilty AND not likely to commit offence on bail (similar to NDPS twin test). NIA (National Investigation Agency) investigates major UAPA cases. Special courts for UAPA trials. Detention can be extended significantly.

Constitutional right of convicts — especially death row convicts — to petition the President of India (Article 72) or Governor (Article 161) for pardon, reprieve, respite or commutation of sentence. This is the last resort after exhausting all judicial remedies.

Speedy trial for petty offences under S.260-264 CrPC/S.283-287 BNSS. Magistrate of First Class can try cases summarily for offences punishable with up to 3 years (some with up to 7 years). Simplified procedure — no elaborate examination of witnesses. Sentence: max 3 months.

In bailable offences — bail is a RIGHT of the accused. Police MUST grant bail on personal bond or with sureties. If arrested — should be released immediately on bail at police station itself. Court bail is needed only if police refuse or if arrested person cannot furnish sureties.

Witness Protection Scheme 2018 (Supreme Court approved) — protects witnesses from threat, intimidation and harm. Measures: change of identity, relocation, in-camera proceedings, voice modulation, screen during testimony. Application filed before Witness Protection Cell of State Government.

The document filed by the plaintiff to initiate a civil suit. Must contain: parties, jurisdiction, cause of action, facts, relief claimed. Under Order VII CPC — if plaint does not disclose cause of action or is barred by limitation, it can be rejected at threshold.

Defendant's formal response to plaint — must deny or admit each paragraph. New facts and counter claims may be added. Must be filed within 30 days (extendable to 90 days max) of receiving summons under CPC. Failure to file may result in ex-parte proceedings.

Court order directing a party to do or refrain from doing a specific act. Temporary Injunction — granted during trial. Permanent Injunction — after full trial. Balance of convenience, irreparable injury and prima facie case are key considerations for temporary injunction under Order 39 CPC.

Formal expression of civil court's adjudication determining rights of parties on all or some issues in the suit. Only decrees can be executed (enforced) through execution proceedings. Types: preliminary decree (determination of rights) and final decree (quantification or possession).

The factual basis giving rise to a legal claim — the facts which, if proved, entitle plaintiff to judgment. Every suit must disclose cause of action — its absence leads to rejection. The limitation period starts from when cause of action first arises.

Plaintiff — person initiating civil suit. Defendant — person against whom suit is filed. In writ petitions: Petitioner vs Respondent. In criminal cases: Complainant/Prosecution vs Accused. In appeals: Appellant vs Respondent.

Court document directing defendant to appear and respond to plaintiff's claim. Must be served personally/by registered post. Service of summons starts limitation for filing written statement — 30 days from service. Non-response leads to ex-parte proceedings.

After pleadings are complete, court frames 'issues' — disputed questions of fact and law requiring decision. Both parties lead evidence on these issues. Framing of issues is a critical stage — it defines the entire scope of evidence and arguments.

Set-off — defendant's claim to deduct a liquidated amount from plaintiff's claim. Counter claim — defendant's independent claim against plaintiff litigated in the same suit. Both are filed with the written statement without starting a fresh suit.

Under Order 38 CPC — if plaintiff can show defendant is about to dispose of/remove property to defraud, court can attach property BEFORE passing judgment. Secures plaintiff's interest and prevents dissipation of assets during trial.

Under Specific Relief Act 1963 — court directs a party to actually perform a contract (especially for immovable property) instead of just paying damages. Sought when seller refuses to execute sale deed despite receiving advance. Amendment 2018 — specific performance is now a rule, not an exception.

Civil suit for division of jointly held property among co-owners or co-heirs. First: Preliminary decree determining shares; then: Final decree with physical division. Court may appoint Commissioner to inspect property and submit division report.

Person appointed by court to manage and preserve disputed property during trial. Takes possession, collects rent/income, maintains property and accounts to court. Prevents either party from misusing or dissipating property during prolonged litigation.

During decree execution — if judgment debtor has money with a third party (bank, employer), court issues garnishee order directing that third party to pay the decree holder directly. Common way to recover from bank accounts without physically arresting the debtor.

Matter already decided by a competent court cannot be re-agitated between the same parties. Under S.11 CPC — final court decision is binding and bars fresh suit on same cause of action between same parties. Ensures finality of litigation.

Party may apply to amend its plaint or written statement with court's leave at any stage. Court allows if no prejudice to other party and if amendment decides the real dispute. Very important — courts are liberal in granting amendments to do justice.

Court's authority based on monetary value of claim. Delhi: District Courts up to ₹3 crore; Delhi HC above ₹3 crore (original jurisdiction). Consumer cases: District Commission up to ₹1 crore; State Commission ₹1-10 crore; NCDRC above ₹10 crore.

All court processes issued after the initial summons/plaint and before final judgment — attachment notices, warrants for witness etc. Also used for the process of executing a decree — attachment, sale of property, arrest of judgment debtor.

Temporary Injunction (Order 39 CPC) — granted during trial to maintain status quo. Three tests: (1) prima facie case, (2) balance of convenience in favour of plaintiff, (3) irreparable injury if not granted. Permanent Injunction — after full trial — permanently restrains party from doing the act.

Civil suit to recover money — loans, cheques dishonoured, contract breach, goods supplied but not paid for. Limitation: 3 years from when amount became due. Options: (1) Regular civil suit, (2) Summary Suit under Order 37 CPC (for written contracts/negotiable instruments — faster).

Faster civil procedure for recovery of liquidated amounts based on written instruments, negotiable instruments, or admitted liabilities. Defendant must seek leave to defend — cannot defend as of right. If leave refused — judgment for plaintiff. Suitable for clear-cut debt recovery cases.

'Things done' — statements, acts or declarations made as part of the same transaction are admissible as evidence under S.6 Evidence Act/S.3(b) BSA. Must be contemporaneous with the event — not made after reflection. Includes spontaneous exclamations, verbal acts forming part of the res.

Alternative dispute resolution forum under Legal Services Authorities Act 1987. No court fee for filing at Lok Adalat. Award is final — no appeal lies. Parties must agree to settlement. Suitable for: motor accident, matrimonial, labour, consumer disputes, cheque bounce etc.

Under S.89 CPC — courts must refer suitable cases to Alternative Dispute Resolution (ADR) — mediation, arbitration, conciliation or Lok Adalat — before proceeding to full trial. Reduces burden on courts and provides faster resolution to parties.

Mareva Injunction — worldwide freezing order preventing defendant from dissipating assets pending litigation. Anti-Suit Injunction — preventing a party from pursuing proceedings in foreign court when there is exclusive jurisdiction clause. Both are developing areas in Indian law.

Under Commercial Courts Act 2015 (amended 2018) — mandatory pre-institution mediation before filing commercial suit (except where urgent interim relief needed). 3 months timeframe. If successful — settlement is final decree. If unsuccessful — suit may be filed. Also mandatory under MSME Act for MSME disputes.

When a civil suit is filed despite having an arbitration clause in the contract — the defendant can apply under S.8 of Arbitration and Conciliation Act 1996 — court must refer parties to arbitration. Court cannot decide the dispute if valid arbitration agreement exists.

Criminal complaint for dishonoured cheque under S.138 Negotiable Instruments Act. Procedure: (1) Cheque dishonoured → (2) Legal notice within 30 days of dishonour → (3) 15 days to pay → (4) Complaint before Magistrate within 30 days of expiry. Punishable with up to 2 years + fine up to twice cheque amount.

Declaration (S.34 SRA) — court declares plaintiff's right/title/status. Injunction (S.38 SRA) — court directs party to do/refrain from doing act. Both are discretionary reliefs. Typically filed together — declaration of ownership + consequential injunction restraining trespass.

Order 38 CPC — Attachment before judgment (when defendant likely to dissipate assets). Order 21 CPC — Attachment in execution of decree. Types of property attachable: immovable property, movables, salary, bank accounts, shares. Property once attached cannot be alienated.

Formal written demand sent by advocate on behalf of client before filing suit. Mandatory in some cases (Section 80 CPC — government suits; S.138 NI Act — cheque bounce). Gives other party opportunity to settle without litigation. Proof of notice important in many legal proceedings.

Real Estate (Regulation and Development) Act 2016. Builder must register project with RERA Authority before selling. Homebuyer remedy: complaint before RERA Authority for delay, defects, false representations. Adjudicating Officer awards compensation. No court fee. Fast-track disposal.

Application to court to excuse delay in filing appeal/suit/petition beyond limitation period. Requires showing 'sufficient cause' for delay. Court has discretion. Medical emergency, party being abroad, legal ignorance — may be sufficient cause. Courts are generally liberal for marginal delays.

Under S.91 CPC — suits relating to public nuisances or other wrongful acts affecting the public may be filed by Advocate General or by two or more persons with leave of court. Protects public interests where individual locus standi may be difficult.

Under S.44A CPC — decrees of courts of reciprocating territories (UK, UAE, Singapore, etc.) can be executed in India as if passed by Indian court. Judgment creditor applies to District Court in India with certified copy of foreign decree for execution.

Regular payments ordered by court for support of wife, children and parents unable to maintain themselves. Under S.125 CrPC/S.144 BNSS — applicable to all religions. Also under personal laws — S.24/25 HMA, Muslim Women Act etc. Covers basic needs of food, clothing, shelter.

Property belonging absolutely to the wife — gifts received before/during/after marriage from parents, in-laws, husband, and relatives. Wife has full ownership — husband has no right over it. Illegal retention of stridhan by husband/in-laws is ground for divorce and criminal complaint (IPC S.406/BNS S.316).

Divorce by mutual agreement under S.13B HMA — both parties file joint petition before Family Court. First motion filed — 6-month cooling off period (can be waived by SC) — then second motion — decree passed. Faster and less traumatic than contested divorce.

Court order determining which parent a minor child will live with after separation/divorce. Court's paramount consideration — child's best interest and welfare. Physical custody — who child lives with. Legal custody — who makes major decisions. Under HMA S.26, Guardians & Wards Act 1890.

Divorce where only one spouse wants to end the marriage — other opposes. Must be filed on specific grounds under S.13 HMA: cruelty, desertion (2+ years), adultery, conversion, unsoundness of mind, venereal disease, renunciation, presumed death (7 years).

Ground for divorce under S.13(1)(ia) HMA. Includes physical AND mental cruelty. Mental cruelty: persistent humiliation, taunts, false accusations, not allowing contact with parents, extreme jealousy. No exhaustive definition — decided case by case based on totality of conduct.

Ground for divorce — one spouse abandons the other without reasonable cause and without consent for 2+ continuous years before petition. Requires: (a) actual separation, (b) intention to desert permanently. Constructive desertion — driving the other out of matrimonial home.

Under S.9 HMA — when spouse withdraws from the other's society without reasonable cause, aggrieved party can file for RCR (living together again). If RCR decree is not complied with for 1 year — it becomes ground for divorce under S.13(1A). Often used as tactical counter.

Void marriage — no legal existence from beginning — can be declared void anytime (e.g., bigamy, sapinda relationship). Voidable marriage — valid until court decree — petition must be by party to marriage only (e.g., impotency, fraud at time of marriage, unsoundness of mind at time of marriage).

PWDVA 2005 protects women from physical, sexual, verbal, emotional and economic abuse by family members. Reliefs: Protection Order (restraint on abuse), Residence Order (right to stay in shared household), Monetary Relief, Custody Order. Filed before Magistrate — decision within 60 days.

Under S.25 HMA — after divorce, either spouse may seek permanent alimony (lump sum or periodic). Factors: income of paying spouse, needs of receiving spouse, conduct during marriage, standard of living. Can be modified if circumstances change significantly.

Legal right and duty to care for a minor's person and property. Natural guardian of Hindu minor — father (then mother) under Hindu Minority and Guardianship Act 1956. Court may appoint guardian of person and/or property under Guardians and Wards Act 1890. Best interest of minor is paramount.

For Hindus — governed by HAMA 1956. Requirements: adoptive parent must be Hindu; must not have same-sex Hindu adopted child already; child must be Hindu. For non-Hindus/intercountry — through CARA under Juvenile Justice Act 2015. Adoption deed must be registered.

Right of non-custodial parent to spend time with child. Court specifies days, timing, vacation periods. Weekend visits, summer/winter vacations, birthday access etc. Violation of visitation order is contempt of court.

Under Hindu Succession Act 1956 (Schedule) — Class I heirs include: son, daughter, widow, mother, son's son, son's daughter, son's widow, daughter's son, daughter's daughter. All Class I heirs inherit SIMULTANEOUSLY and to exclusion of Class II heirs. 2005 amendment gave daughters equal rights in coparcenary property.

Cognizable, non-bailable, non-compoundable offence (after Supreme Court guidelines — not automatic arrest). Husband and relatives of husband subjecting woman to cruelty — physical/mental harm or to coerce unlawful demand for property — punishable with up to 3 years + fine.

Temporary maintenance during pendency of matrimonial case. Under S.24 HMA — either party (including husband) may apply for maintenance and litigation expenses pending divorce proceedings. Under S.125 CrPC/S.144 BNSS for criminal maintenance proceedings.

When marriage has broken down beyond repair with no possibility of reconciliation — Supreme Court may exercise its extraordinary powers under Article 142 to dissolve marriage even if no specific statutory ground is proved. Not yet a statutory ground under HMA but SC uses it regularly.

Talaq — husband's right to divorce wife by pronouncing divorce under Muslim personal law. Triple talaq (instant talaq) is now illegal and criminal under Muslim Women (Protection of Rights on Marriage) Act 2019 — punishable with up to 3 years imprisonment. Valid forms: Ahsan (1 pronouncement during tuhr), Hasan (3 pronouncements over 3 months), Talaq-ul-Biddat (triple — now banned).

Khula — divorce initiated by wife in Muslim law — wife returns the mahr (dower) to husband in exchange for divorce. Mubarat — divorce by mutual consent where both parties are willing to separate. These are civil acts — no criminal element. Family court has jurisdiction.

Mandatory payment by husband to wife under Muslim personal law — an obligation of the husband as part of the marriage contract. Prompt mahr — payable on demand. Deferred mahr — payable on divorce or death of husband. Non-payment of prompt mahr — wife can refuse conjugal rights.

Members of a joint Hindu family who have a right by birth to ancestral property. Before 2005 HMA amendment — only male descendants. After 2005 — daughters have EQUAL rights as coparceners in ancestral property. A coparcener can demand partition at any time.

A Will is a legal document by which a person (testator) expresses their wishes regarding distribution of their property after death. For Hindus — no mandatory registration but registration is advisable. Must be attested by 2 witnesses. Probate required (in some areas) for enforceability.

Probate is the legal process of proving the validity of a Will before the High Court. A probate order certifies that the Will is genuine and the executor has authority to administer the estate. Required for immovable property in certain states (Maharashtra, West Bengal, Tamil Nadu).

Certificate granted by District Court to legal heirs to collect debts, movable assets (bank balances, FDs, shares) of deceased person who died without a Will. Applied before District Court. Provides protection to banks, companies paying to the certificate holder.

Makes instant triple talaq (talaq-ul-biddat) void and illegal. Husband pronouncing triple talaq is liable for imprisonment up to 3 years + fine. Wife entitled to subsistence allowance and custody of minor children. Complaint can be filed by wife or her blood relatives.

Agreement between prospective spouses before marriage determining property rights, maintenance and other matters upon separation/divorce. India does not have specific legislation recognising pre-nuptial agreements. Courts may consider them as relevant contracts but are not bound to enforce all terms.

Christians are governed by the Indian Divorce Act 1869 (amended 2001). Grounds for divorce: adultery + cruelty/desertion (for husband); adultery alone (for wife under old law — now changed). Mutual consent divorce available after 2 years separation. Filed before District Court.

Maintenance and Welfare of Parents and Senior Citizens Act 2007 — children/heirs who inherit or will inherit property of senior citizen must maintain them. SDM-level tribunal can award up to ₹10,000/month (States may increase). Can also order eviction of children from parents' property.

Couples married under Special Marriage Act 1954 (court marriage, inter-religion marriages) are governed by this Act for divorce. Grounds similar to HMA: cruelty, desertion, adultery, mental disorder etc. Mutual consent divorce also available. Family Courts have jurisdiction.

Certificate of guardianship issued by District Court under Guardians and Wards Act 1890 appointing a person as guardian of minor's person and/or property. Required when: both parents die, natural guardian is unfit, minor has significant property requiring protection.

Under S.112 Evidence Act — a child born during subsisting marriage is conclusively presumed to be legitimate (father = husband). DNA test cannot be ordered as matter of course — only in exceptional cases. Paternity disputes arise in maintenance, succession and custody matters.

Specialised courts under Family Courts Act 1984 exclusively dealing with matrimonial matters — divorce, maintenance, custody, adoption, guardianship. Mandatory counselling sessions. In-camera proceedings. No strict rules of evidence. Attempt at reconciliation mandatory before contested matters proceed.

First written complaint to police about a cognizable offence. Registered under S.154 CrPC/S.173 BNSS. Must be registered immediately — no preliminary inquiry for cognizable offences. Free copy to complainant is mandatory. Delay must be explained — unexplained delay weakens prosecution case.

FIR registered at ANY police station regardless of where the offence occurred — not limited to the jurisdictional police station. Now a statutory right under S.173(1) BNSS (was only SC direction earlier). Police must register and transfer to jurisdictional station within 15 days.

Summons — court direction to appear. Warrant — direction to arrest and produce. Bailable warrant — accused can get bail. Non-Bailable Warrant (NBW) — no bail by police, must be produced before court. Warrants are issued when accused fails to appear despite summons.

Report filed by police after investigation when: (1) accused not traced, (2) evidence insufficient to prove offence, or (3) no offence made out. Complainant can protest the FR before Magistrate. Magistrate may accept FR or direct further investigation.

Formal document filed by police after completing investigation under S.173 CrPC/S.193 BNSS. Must be filed within 60 days (up to 10 yr offence) or 90 days (10+ yr offence). Contains: accused details, offences, witnesses list, documents, FSL reports. Failure leads to default bail.

Official document prepared during search/seizure/arrest — describing articles seized, place of recovery, circumstances. Two independent witnesses (panchas) must be present and sign. Challenge to panchnama authenticity (un-independent panch witnesses) is common defence tactic.

Register maintained at every police station recording all transactions including complaints. When police don't register FIR, they may record complaint as DD/GD entry. GD entry can be used as corroborative evidence to prove that complaint was made to police on a particular date.

For non-cognizable offences, police cannot investigate without Magistrate's order. They record a Non-Cognizable Report (NCR). Complainant must then approach Magistrate to file complaint. Used for: minor trespass, minor assault, defamation, minor nuisance.

Mandatory document at time of arrest under S.41B CrPC/S.36 BNSS — shows date, time, place of arrest. Must be signed by arrested person + family member or witness. One copy given to arrestee. Failure to prepare arrest memo = illegal arrest — basis for habeas corpus petition.

Police Custody (PC) — accused in police station for interrogation — Magistrate's order required — maximum 15 days (can be in parts under BNSS). Judicial Custody (JC) — accused in jail under court supervision. After 60/90 days without chargesheet — default bail.

Under S.174 CrPC/S.194 BNSS — when person dies in suspicious circumstances (suicide, accident, suspected murder), police must conduct inquest — examine body, note injuries, collect samples, prepare inquest report. Magistrate's inquest (Section 176) for dowry deaths mandatory.

Under S.41A CrPC (now S.35(3) BNSS) — for offences punishable up to 7 years, police must issue notice to person directing appearance instead of arresting directly. Failure to comply = arrest authorised. Arnesh Kumar SC guidelines (2014) made this mandatory for 498A and similar cases.

Accused voluntarily appearing before court/police instead of waiting to be arrested. Anticipatory bail application often filed along with surrender. Voluntary surrender viewed favourably in bail matters — shows no flight risk.

Scientific analysis by Forensic Science Laboratory on physical evidence — fingerprints, blood, DNA, chemicals, ballistics, handwriting, digital devices. Admissible under S.293 CrPC/S.331 BNSS as expert evidence. Crucial in murder, rape, NDPS, fraud cases.

Records of all calls, SMS and data usage from mobile phone obtained from telecom company. Used to prove accused's location at time of crime, contact between co-accused, verify alibis. Admissible as electronic record under S.65A-65B Evidence Act/S.61-63 BSA.

Additional chargesheet filed after initial chargesheet when further investigation reveals new evidence, new accused or additional offences. Under S.173(8) CrPC/S.193(8) BNSS — further investigation can continue even after filing chargesheet.

Writ meaning 'produce the body' — filed when a person is illegally detained. High Court or Supreme Court can order production of the detained person and release if detention is found illegal. Used against illegal police detention, unauthorised custody, detention beyond remand period.

Lookout Circular (LOC) — request issued by police/court to immigration authorities to watch for and detain a person at airports/borders. Proclamation (S.82 CrPC/S.84 BNSS) — official court declaration that accused is absconder after failure to appear on warrants.

Warrant issued by a court to produce a person already in custody (in another case) before it. Common when an accused in one case is needed for another case or for identification. Different from ordinary arrest warrant.

The police officer assigned to investigate an FIR from registration to filing of chargesheet. IO records witness statements (S.161 CrPC/S.180 BNSS), conducts searches, seizes evidence, prepares case diary, arrests accused and prepares chargesheet. IO's investigation quality determines trial outcome.

Diary maintained by IO recording all investigation steps: daily activities, names of persons interrogated, results, places visited. Under S.172 CrPC/S.192 BNSS — case diary is confidential — accused cannot demand copy but court may use it for inquiry or trial. Crucial document to assess investigation quality.

After investigation police may file: B-Report (uncharged/untraced/no case) or Challan (chargesheet — case proceeds). Magistrate can reject B-Report on complainant's protest and order further investigation or take cognizance on complaint. Complainant must be heard before B-Report is accepted.

Statement recorded by Magistrate under S.164 CrPC/S.183 BNSS — of witnesses or confessions of accused. Magistrate must explain to person that they are not bound to make statement. Used to preserve testimony at early stage. Victim's S.164 statement in rape/POCSO cases is crucial evidence.

Courts may reject bail when: (1) Offence is very serious/heinous, (2) Accused has prior criminal record, (3) Risk of fleeing jurisdiction, (4) Likelihood of tampering evidence or threatening witnesses, (5) NDPS/UAPA special conditions not met, (6) Public outcry in heinous cases.

Magistrate can remand accused to custody (police + judicial) for up to 14 days at a time — during investigation. After chargesheet, Sessions Court/Magistrate can remand during trial. Maximum PC remand: 15 days total; JC: 90/60 days (then default bail if no chargesheet).

Under PWDVA 2005 — Protection Order prohibits respondent (husband/relative) from committing acts of domestic violence, entering workplace/school of aggrieved, isolating aggrieved or contacting her. Breach of protection order is a cognizable offence — immediate arrest possible.

Hostile witness — one who gives evidence adverse to party who called them. Interested witness — one who has an interest in outcome of case (relatives, friends of complainant). Courts look for corroboration of interested witnesses' testimony. Single interested witness testimony can support conviction if reliable.

The comprehensive document filed by police at conclusion of investigation (also called chargesheet). Must include: names of accused, nature of information, names of persons acquainted with facts, whether accused arrested and bailed, list of documents/articles. This triggers Magistrate's cognizance.

Under PWDVA 2005 — Magistrate can pass custody order giving temporary custody of child to aggrieved woman. This is interim relief — final custody decided by Family Court. Magistrate's custody order operates during pendency of DV proceedings.

Under S.154(2) CrPC/S.173(2) BNSS — informant has an absolute right to receive a FREE copy of the FIR immediately after registration. If police refuse — approach SP or Magistrate. Supreme Court has held that providing FIR copy free is a statutory obligation.

At crime scene, police prepare spot memo (or scene of crime panchnama) documenting condition of place, position of body, fingerprints, articles found, measurements. Under BNSS — for 7+ year offences, forensic expert must visit and video-record scene. Scene contamination weakens prosecution.

When executing arrest warrant, police must: (1) Identify accused, (2) Inform them of substance of warrant, (3) Prepare arrest memo, (4) Inform family member of arrest, (5) Produce before court as directed in warrant. Non-compliance with procedure = wrongful arrest.

Before recording dying declaration, Magistrate/police must obtain doctor's certificate that declarant is in fit state of mind to make statement. Without fitness certificate — admissibility of dying declaration may be challenged. Doctor should be present during recording where possible.

'We command' — writ directing a public authority, officer, inferior court or tribunal to perform a mandatory duty which they have failed to perform. Cannot be issued against private persons. Lies when: there is a public duty, authority has failed to perform it, and petitioner has legal right to demand performance.

'Hear the other side' — fundamental principle of natural justice. No order adverse to a party should be passed without giving them an opportunity to be heard. Violation makes an order void. Exception: ex-parte injunctions in extreme urgency (but must be heard soon after).

'No one should be a judge in their own cause.' A judge with personal interest in outcome must recuse themselves. Ensures impartiality — cornerstone of natural justice. Any decision by biased judge is void ab initio. Even appearance of bias is sufficient for disqualification.

Actus Reus — the guilty act (physical element of crime). Mens Rea — the guilty mind/intention (mental element). Most criminal offences require BOTH. Without mens rea — generally no crime. Strict liability exceptions: road traffic offences, food safety — no mens rea required.

'To a willing person, no injury is done.' If person voluntarily consents to a risk, cannot claim compensation for injury from that risk. Defence in tort law. Does not apply when consent obtained by fraud or duress or when risk involves negligence beyond what was consented to.

'In equal fault' — when both parties are equally at fault in an illegal transaction — court will not help either. Both left where court finds them. Common in illegal contract disputes where both participated in unlawful scheme.

'Where there is a right, there is a remedy.' Every legal right must have a corresponding legal remedy — courts must provide a remedy for every violation of right. Basis for civil litigation — without remedies, rights would be meaningless.

'Ignorance of law is no excuse.' Every person is presumed to know the law. Cannot escape criminal or civil liability by claiming ignorance of law. Factual ignorance (not knowing a fact) may sometimes be a defence — but legal ignorance never is.

'The law is harsh, but it is the law.' Courts must apply law as written — even if outcome is harsh — unless law itself provides discretion. Judges cannot ignore clear statutory provisions because they find result unjust in a particular case.

The binding legal principle or reason for a court's decision — the part that creates precedent. All lower courts are bound by ratio decidendi of higher court judgments. Identified by asking: what was the question of law, and how was it answered? Contrasted with obiter dicta.

'Things said in passing' — observations by judge in a judgment that are not essential to the decision. Not binding precedent — but may be persuasive authority. Courts may consider obiter dicta of higher courts when no ratio on a point exists.

'Stand by what has been decided.' Courts must follow previous decisions of higher courts — doctrine of precedent. Ensures consistency and predictability. HC bound by SC; Division Bench bound by Full Bench; Single Judge bound by Division Bench. Prevents arbitrary decision-making.

A decision passes sub silentio when a particular point was not argued or noticed by court. Such decision has no precedent value on that unargued point. Cannot be treated as authority for something the court never considered.

A decision given without considering a relevant statutory provision or binding precedent — due to oversight. Such decision is not binding. Lower courts can decline to follow a per incuriam decision of a higher court.

'Having discharged the office.' Once a judge pronounces judgment, the court becomes functus officio — cannot reopen or revise the matter (except clerical errors). An arbitrator becomes functus officio after making the award — cannot change it.

'Beyond the powers.' An act done beyond the legal authority granted is ultra vires — and therefore void. Government cannot act beyond powers given by Constitution/statute. Companies cannot act beyond their memorandum of association. Ultra vires acts can be challenged in court.

'On equal footing.' All creditors of same class share assets proportionately without preference. Used in insolvency/winding up — unsecured creditors treated pari passu. Also in banking — multiple lenders have pari passu charge on borrower's assets.

'Buyer beware.' Buyer must check quality and suitability before purchase. In property — buyer must verify title, encumbrances, physical condition. Modified by Consumer Protection Act 2019 — seller must now disclose known defects. Still applies in commercial property and auction sales.

Order passed when only one party appears — other party either not served or absent despite notice. Can be challenged and set aside by absent party on showing sufficient cause. Courts avoid ex parte orders in serious matters; give opportunity to be heard soon after.

'Something for something.' In contract law — every valid contract needs consideration (quid pro quo). In corruption cases — prosecution must prove quid pro quo — official act done in exchange for illegal gratification.

'Without which not.' An absolutely indispensable condition or cause. In causation — the act which is the sine qua non (but-for cause) of the injury is considered its cause. Also means an essential prerequisite.

Mala fide — with bad faith, malicious intent, improper purpose. Bona fide — in good faith, honestly, without deceit. Mala fide exercise of government power = challengeable in court. Bona fide purchaser for value without notice of title defects gets protection in property law.

'On the face of it.' At first sight — based on initial evidence without detailed investigation. Courts determine at preliminary stages (bail, cognizance, charge) whether prima facie case exists. If yes — proceeds. If no — rejected/discharged. Not a final finding — just a threshold test.

Unreasonable delay in asserting rights causing prejudice to the other party. An equitable doctrine — courts may deny relief to a party who slept on their rights. Different from statutory limitation — laches is discretionary and based on prejudice caused by delay.

Legal bar preventing a person from asserting something contrary to their earlier statement when another person relied on it to their detriment. Under S.115 Evidence Act/S.116 BSA. Types: estoppel by conduct, promissory estoppel, estoppel by record/judgment.

'One cannot give what one does not have.' No one can transfer better title than they possess. If seller has defective title — buyer gets only that defective title. Exception: bona fide purchaser in market overt, bearer instruments, and sale under order of court.

'At the outset/threshold.' Objection raised at the very beginning — before merits are examined — such as jurisdiction, limitation, maintainability, non-joinder of parties. If upheld — case ends without going into merits.

Five constitutional writs: (1) Habeas Corpus — illegal detention; (2) Mandamus — command to perform duty; (3) Certiorari — quash passed order; (4) Prohibition — prevent lower court from exceeding jurisdiction; (5) Quo Warranto — challenge right to hold public office. HC has all five; SC also under Article 32.

'A word is known by its associates.' Principle of statutory interpretation — the meaning of an ambiguous word should be determined by the context and the words surrounding it. A word takes colour from the company it keeps — its meaning is influenced by associated words in the same provision.

'Of the same kind/class.' Where general words follow specific words in a statute — the general words are restricted to the same category as the specific words. Limits the scope of general catch-all phrases in legislation.

'The expression of one thing is the exclusion of others.' Where a statute expressly mentions certain things — things not mentioned are excluded. If Parliament listed certain things specifically — unlisted things are intentionally excluded.

'General things do not override specific things.' Where there is a conflict between a general law and a specific law — the specific law prevails. A specific provision in a special Act overrides a general provision in a general Act on the same subject.

'Agreements must be kept.' The fundamental principle of contract law — valid agreements must be honoured and enforced. Basis of all commercial transactions and international treaties. A party cannot unilaterally revoke a valid agreement.

'A delegate cannot delegate.' A person or body to whom power is delegated cannot further delegate it unless expressly authorised. If Parliament gives power to Central Government — government cannot transfer it to a private body without Parliamentary authorisation.

'Suppression of truth amounts to suggestion of falsehood.' A half-truth can be as misleading as a full lie. If a person conceals material facts when making a representation — it is equivalent to making a false statement. Basis for fraud, misrepresentation and rescission of contracts.

'Law of the place.' In conflict of laws — lex loci situs (law of the place where property is situated) applies to immovable property. Lex loci contractus (law of place of contract) or lex loci solutionis (place of performance) may apply to contracts.

'Among other things.' Used in legal drafts, orders, judgments to indicate that only some of the relevant items are mentioned — there are other things besides what is specifically listed. Commonly used in pleadings, company documents and court orders.

'According to value.' A fee, tax or duty calculated as a percentage of the value of the subject matter. Court fee in civil suits is often ad valorem — based on value of claim. Stamp duty on property documents is also ad valorem.

'According to what is just and good.' Power given to arbitrators or courts to decide a matter based on principles of equity and good conscience rather than strict legal rules. Arbitrators may be given this power by parties in arbitration agreement.

'From the beginning.' A contract, marriage or other legal act that is void ab initio has no legal effect from the moment of its creation — not merely from the time of its avoidance. Bigamous marriage is void ab initio — never had legal existence.

'Among themselves/between themselves.' Used to describe rights, obligations or disputes between members of the same group — as distinct from their relations with outsiders. Partners' rights inter se are governed by the partnership deed.

'Superior force' — circumstances beyond parties' control (natural disaster, war, pandemic) that make contract performance impossible. Force majeure clause in contract excuses non-performance during such events. COVID-19 cases raised force majeure and frustration of contract arguments widely.

'It is not my deed.' Defence in contract law — a person can plead that though they signed a document, it is fundamentally different from what they understood they were signing — and they were not careless. More easily available to illiterate persons or those misled by fraud.

'Restoration to original position.' The principle of damages — a party who suffers a legal wrong should be compensated so as to be restored as nearly as possible to the position they would have been in if the wrong had not occurred. Goal of damages in tort and contract law.

'A madman has no will.' A person of unsound mind cannot enter into valid contracts, make a will, or perform legal acts requiring consent or intention. Acts done during lucid intervals may be valid. Basis for lunacy as a defence in criminal law.

'Damage without legal injury.' A person may suffer loss but if no legal right has been violated — there is no cause of action in tort. Competition causing business loss is damnum sine injuria — no remedy because no right was violated.

'Legal injury without actual damage.' Violation of a legal right is actionable even without proof of actual damage — such torts are actionable per se. Trespass to person (assault/battery) and trespass to land are actionable per se — no need to prove loss.

'Laws assist the vigilant, not those who sleep on their rights.' Courts and law favour those who are prompt in asserting their rights. Supports the doctrine of limitation and laches — delay in enforcing rights may defeat them.

'False in one thing, false in everything.' If a witness is found to have deliberately lied about one material fact — the court may discard their entire testimony as unreliable. Not an absolute rule in India — courts may accept part of testimony if other parts are reliable and corroborated.

'Pending lawsuit.' Doctrine of lis pendens under S.52 Transfer of Property Act — during pendency of a suit relating to immovable property — any transfer of that property does not bind the party successfully suing. Pendency must be registered or buyer must have constructive notice.

'Resist the beginnings.' Prevention is better than cure — a wrong should be stopped at the earliest possible stage. Principle supporting grant of preventive injunctions, anticipatory bail, and early intervention before irreversible harm is done.

The written complaint filed by the plaintiff to initiate a civil suit, stating the facts, cause of action and relief sought. Filed under CPC Order VII. Must disclose a triable cause of action or is liable to be rejected.

A court order prohibiting the judgment debtor from dealing with, transferring or creating any interest in their property. Both movable and immovable property can be attached under CPC Order XXI during execution proceedings.

A person appointed by court under CPC Order XL to take custody and manage disputed property during pendency of a suit or in execution proceedings. Ensures the property is preserved and not wasted during litigation.

A court order granted after full trial under Specific Relief Act Section 38 permanently restraining a party from doing a specified act. Unlike a temporary injunction, it is part of the final decree and perpetually binding.

A court order directing a party to perform a positive act (as opposed to a prohibitory injunction which restrains). Under Specific Relief Act Section 39 — granted only in cases of extreme hardship where breach is clear and damages insufficient.

An appeal against an original decree to the next superior court under CPC Section 96. The appellate court re-examines both facts and law. Must be filed within 30 or 90 days depending on the court from which the decree is appealed.

Appeal to the High Court from the first appellate court's decree under CPC Section 100. Lies only if a substantial question of law is involved — facts cannot be re-examined. HC must formulate the substantial question before hearing the appeal.

A petition filed in the Supreme Court after dismissal of review petition — available only when grave miscarriage of justice or violation of natural justice is shown. Evolved in Rupa Ashok Hurra (2002). Heard by bench of 5 senior judges in chambers. Rarely granted.

An application to the same court seeking reconsideration of its own judgment under CPC Section 114 or Article 137 (SC). Available only on limited grounds: error apparent on face of record, discovery of new evidence, or any other sufficient reason. Not a second appeal.

A petition filed in the public interest by any person for enforcement of constitutional rights of disadvantaged sections or public nature issues. Locus standi is relaxed. Evolved by Justices Krishna Iyer and Bhagwati in 1970s–80s. Letter petitions also treated as PILs by SC/HC.

A writ under Article 226/32 directing a public authority to perform a legal duty it has refused or failed to perform. Lies against public bodies, not private parties. The most commonly used writ in administrative law matters.

A writ to quash the decision of an inferior court/tribunal when there is jurisdictional error, violation of natural justice, or error of law apparent on face of record. High Court exercises this under Article 226.

Mandatory 2-month notice to government or public officer before filing a suit against them under CPC Section 80. Notice must state cause of action and relief sought. Failure to give notice makes the suit not maintainable — unless court grants urgent leave.

Formal document filed by police in court after investigation under BNSS Section 193 (earlier CrPC Section 173). Contains charges, accused details, witness list and evidence. Filing triggers cognizance by the court and starts the trial process.

Order by court at the stage of framing charge if no prima facie case exists against the accused — under BNSS Section 250 (earlier CrPC Section 227). Different from acquittal: acquittal comes after trial; discharge is before. Accused is freed without trial.

The stage in sessions or warrant trial where court formally reads out and records specific charges against the accused who must plead guilty or not guilty. If not guilty, trial proceeds with prosecution evidence. If guilty, court may convict summarily.

Bail granted as a matter of right under BNSS Section 187 when police fails to file chargesheet within 60 days (minor offences) or 90 days (serious offences). Called indefeasible bail — cannot be denied once period expires, even if chargesheet is filed later on the same day.

Constitutional protection under Article 20(2) — a person acquitted or convicted of an offence cannot be prosecuted or punished again for the same offence. Also under BNSS Section 300. Applies only to identical offence — different offences arising from same transaction can be tried separately.

Bharatiya Nyaya Sanhita 2023 replaced IPC 1860 from 1st July 2024. Key additions: organised crime (Section 111), terrorism (Section 113), community service as punishment, protection for acts in good faith, changes to sedition (now Section 152), enhanced hit-and-run punishment. 358 sections.

Bharatiya Nagarik Suraksha Sanhita 2023 replaced CrPC from 1st July 2024. Key changes: trial in absentia codified, mandatory forensics for 7+ year offences, Zero FIR codified, victim's right to hear before case withdrawal, electronic summons valid, stricter timelines for trial completion.

Prevention of Money Laundering Act 2002 — investigated by Enforcement Directorate (ED). Strict bail conditions (twin test: no prima facie guilt AND no flight risk). Proceeds of crime attachable. Special court for trial. Supreme Court upheld its stringent provisions in Vijay Madanlal Choudhary (2022).

A right to use another's land for a specific purpose — right of way, right of light, right of drainage. Governed by Indian Easements Act 1882. Can be acquired by grant, necessity or prescription (20 years continuous user as of right). Cannot be granted to a stranger.

Sale deed transfers ownership immediately on execution and registration. Agreement to sell is an executory contract creating a right to buy — ownership transfers only when the sale deed is executed. Under TPA Section 54. Agreement to sell must be specifically enforced if seller backs out.

Transfer of interest in immovable property as security for payment of money — under TPA 1882 Section 58. Types: simple mortgage, usufructuary mortgage, mortgage by conditional sale, English mortgage, equitable mortgage. Registered simple mortgage gives mortgagee right to sue and sell without court if default.

Real Estate (Regulation and Development) Act 2016 — builders must register projects, deposit 70% in escrow, deliver on time. RERA Authority can order refund plus interest @ 10.85% for delay. Appellate Tribunal and then HC jurisdiction. Flat buyer's most powerful remedy against builder defaults.

India's first dedicated Mediation Act — provides for pre-litigation mediation (mandatory for certain commercial disputes), mediated settlement agreements enforceable as decrees, Mediation Council of India, qualifications for mediators, and online mediation expressly recognised.

Final binding decision by arbitral tribunal under Arbitration and Conciliation Act 1996. Enforceable as a decree of civil court. Can be challenged under Section 34 within 3 months on limited grounds (patent illegality, public policy, natural justice violation). Very limited scope for challenge — courts do not re-examine merits.

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act 2002 — allows banks and NBFCs to recover NPAs by taking possession and selling secured assets without court intervention. 60-day notice mandatory. Borrower can approach DRT within 45 days to challenge.

Insolvency and Bankruptcy Code 2016 — time-bound corporate insolvency resolution at NCLT. Financial creditors trigger CIRP (Corporate Insolvency Resolution Process) — moratorium on debts, IRP appointed, resolution plan in 330 days max. Liquidation if no plan approved. Personal insolvency at DRT.

Divorce under Hindu Marriage Act Section 13B by joint petition with mutual consent. Requires: living separately for 1 year, mutual agreement on alimony and custody, 6-month cooling period (waivable by Supreme Court in exceptional cases), second motion, then court decree. Fastest and least adversarial form of divorce.

Divorce under HMA Section 13 on specific grounds: cruelty (physical/mental), adultery, desertion (2 years continuous), conversion, mental disorder, leprosy, venereal disease, renunciation, presumed death. Petitioner must prove the ground at trial. Can take years — full evidence, cross-examination, judgment.

Temporary maintenance granted during pendency of matrimonial proceedings under HMA Section 24 or BNSS Section 144. Ensures dependent spouse/children are not without means while case is decided. Fast disposal — usually within 60–90 days of application. Amount based on parties' income.

Gross sum or monthly payment ordered by court for maintenance and support of either spouse after divorce or judicial separation under HMA Section 25. Court considers income, assets, conduct and standard of living. Can be modified if circumstances change. Either spouse can claim — not limited to wife.

PWDVA 2005 provides protection order, residence order, monetary relief and custody orders to aggrieved women in domestic relationships. Also includes non-marital relationships. Fast-track before Magistrate. Protection officer assists. Violation of protection order is a criminal offence punishable with imprisonment.

Cruelty by husband or his relatives towards wife — physical/mental harassment for dowry or otherwise — under BNS Section 85 (earlier IPC 498A). Cognizable, non-bailable offence. Punishment up to 3 years. SC's Arnesh Kumar guidelines mandate preliminary inquiry before arrest. Compoundable only with HC permission.

Legal transfer of parental rights under Hindu Adoptions and Maintenance Act 1956. Valid adoption requires: capacity of adoptive parent, eligible child (Hindu, not already adopted, below 15 years generally), consent of wife/husband, formal ceremony (giving and taking). Adopted child has equal rights as natural born child.

Under Guardians and Wards Act 1890, court may appoint a guardian for minor's person and/or property when natural guardianship is inadequate. Best interest of minor is paramount. Family Court or District Court has jurisdiction. Court makes regular welfare oversight orders and may change guardian if welfare demands.

Under Muslim personal law: Talaq-ul-Sunnat (revocable, preferred), Khula (wife-initiated by returning mahr), Mubara'at (mutual). Triple talaq (talaaq-ul-biddat) now criminalised under Muslim Women (Protection of Rights on Marriage) Act 2019 — pronouncing instant triple talaq is punishable with up to 3 years imprisonment.

An amount of money or property promised by the husband to the wife as an essential part of a Muslim marriage contract. Prompt mahr is payable on demand; deferred mahr on divorce or death. Wife can sue for recovery of mahr as a debt. It is the wife's absolute property — cannot be waived under duress.

Governs marriages between persons of different religions or those who don't want personal law to apply. Marriage registered before Marriage Officer after 30-day notice period. Divorce under Sections 27–28 similar to HMA grounds. Succession governed by Indian Succession Act (not personal law) — no HUF, no coparcenary.

A unique legal entity under Hindu personal law and Income Tax Act consisting of lineal descendants from common ancestor. Has a Karta (senior male managing member). Daughters are coparceners since HSA 2005 amendment — equal right to ancestral property. HUF can own property, file tax returns separately.

Statements recorded by police from witnesses during investigation under BNSS Section 180 (earlier CrPC Section 161). Not directly admissible as evidence — used to contradict witnesses in court if they change their story. Cannot be signed by the witness. Landmark in investigation — all witnesses should be recorded.

Statement or confession recorded by a Magistrate during investigation under BNSS Section 183 (earlier CrPC Section 164). Admissible in court as evidence. Magistrate must warn accused that confession may be used against them. Recorded in camera for rape victims. More reliable than police statement.

Document prepared by police in presence of two independent witnesses (Panchas) recording seizure of articles, recovery from a location, or condition of a crime scene. Both Panchas must sign. Essential for evidence authenticity — evidence without proper panchnama may be doubted by court.

Police custody: accused in police lock-up for interrogation — max 15 days total (not necessarily consecutive). Judicial custody: accused in jail under Magistrate's order. Once in judicial custody, police need Magistrate's permission to interrogate. Total custody cannot exceed 60 or 90 days without chargesheet.

Narcotic Drugs and Psychotropic Substances Act 1985 — governs possession, production, sale and transport of narcotic drugs. Strict bail conditions under Section 37 (twin test — no prima facie guilt AND no likely repeat offence). Minimum 10 years RI for commercial quantity. Presumption of guilt shifts burden to accused.

Digital evidence (CCTV, WhatsApp messages, emails, call records) must be accompanied by a certificate under BSA Section 63 (earlier IEA Section 65B) for admissibility. Certificate must be from person in charge of the device/computer. SC in Arjun Panditrao — 65B certificate mandatory without exception.

Latin for "under a judge" — a matter currently under judicial consideration. Under CPC Section 10, court may stay a suit if same matter is pending before a superior court — prevents conflicting orders. Media reporting on pending cases must be responsible to avoid contempt.

A fundamental rule of natural justice — "no person should be a judge in their own cause." If a judge has personal interest in the outcome, they must recuse themselves. Applies to quasi-judicial bodies like tribunals too. Violation makes the decision void — even the suspicion of bias is sufficient.

Latin — "the thing speaks for itself." In negligence cases, the occurrence of an accident itself implies negligence — plaintiff need not prove specific negligence. Burden shifts to defendant to explain. Commonly used in medical negligence (foreign object left in body), road accidents, aircraft crashes.

Latin — "as a matter of right and justice." A remedy granted as of right, not as a matter of court's discretion or grace. Habeas corpus is the classic example — once illegal detention is established, court cannot refuse relief. Contrasted with discretionary remedies like certiorari where court has discretion.

A petition seeking transfer of a pending case from one court to another under CPC Section 24 (HC transfer within state) or Section 25 (SC transfer between states). Matrimonial cases frequently transferred when wife cannot travel to husband's court location.

Court's order directing losing party to pay litigation costs under CPC Section 35. "Costs follow the event" is the general rule — winner gets costs. Courts increasingly awarding realistic costs to discourage frivolous litigation.

The geographical area within which a court has authority. For immovable property — where the property is situated (CPC Section 16). For other suits — where defendant resides or cause of action arose (Section 20). Wrong jurisdiction results in plaint returned for filing in correct court.

Plaintiff's right to withdraw a suit under CPC Order XXIII. Can withdraw with leave to file fresh suit (if formal defect discovered) or without such leave — then barred from fresh suit on same cause. Common after out-of-court settlement.

Set-off: defendant claims deduction from plaintiff's claim for a debt legally due (CPC Order VIII Rule 6). Counter-claim: defendant files independent claim against plaintiff in same suit (Rule 6A). Counter-claim survives even if original suit is withdrawn.

RTI Act 2005 — citizens can seek information from public authorities within 30 days (48 hours for life/liberty matters). First appeal to senior officer within 30 days, second appeal to Information Commission within 90 days. Penalty Rs. 250/day (max Rs. 25,000) for delays.

Application under CPC Order IX Rule 13 to set aside a decree passed in defendant's absence by showing sufficient cause for non-appearance. Must be filed within 30 days. If defendant shows improper service or genuine cause, court sets aside the decree and restores the case.

Specialised tribunal under Companies Act 2013 and IBC 2016 — handles corporate insolvency, winding up, merger approvals, oppression and mismanagement. Appeal lies to NCLAT, then SC. Replaced Company Law Board and HC winding-up jurisdiction.

Establishes commercial courts for specified value disputes (above Rs. 3 lakh) involving commercial matters. Strict timelines: Written Statement in 30 days, case management hearings, summary judgment provisions. Aims at faster disposal of commercial disputes.

Parole: temporary release for specific purpose (family emergency, medical). Furlough: periodic relief for long-term prisoners as a right — typically 14–21 days. Both supervised — prisoner must return by specified date. Violation results in fresh case.

Written Magistrate order directing police to arrest and produce a person. Bailable warrant: bail immediately on arrest. Non-Bailable Warrant (NBW): must be produced before court — bail decision by court only. NBW issued when summons repeatedly not complied with.

Person against whom proclamation issued under BNSS Section 84 for absconding. After 30 days, court may attach their property. Fugitive Economic Offenders Act 2018 provides additional powers for economic offenders fleeing abroad.

Defence claiming accused was elsewhere when offence committed — making it physically impossible for them to have committed it. Under BSA Section 11. Burden on accused to prove alibi with tickets, witnesses, CCTV. Fails if prosecution evidence of presence at crime scene is stronger.

Police report under BNSS Section 193 when investigation reveals no offence or insufficient evidence. Called "B Summary" in Delhi. Magistrate can accept or reject — if rejected, directs further investigation. Complainant must be heard before acceptance.

Offences that can be settled between victim and accused — leading to acquittal. BNSS Section 359 lists offences compoundable without court permission and those requiring court permission. Non-compoundable offences like murder, rape cannot be settled.

Rigorous Imprisonment (RI): convict must do hard labour — grinding grain, weaving. Simple Imprisonment (SI): kept in prison but not compelled to labour. Serious offences attract RI. Life imprisonment is always RI under BNS.

Bail applied for after arrest under BNSS Section 483. Court considers: severity of offence, nature of evidence, prior record, flight risk, witness tampering risk. Conditions may include: reporting to PS, surrendering passport, not leaving city, not contacting witnesses.

Bail bond: legal document executed by accused and surety promising court appearance. Surety: third person who guarantees accused's appearance — liable for bail amount if accused absconds. Court fixes bail amount — if forfeited, surety must pay.

Under BNSS Section 397, courts and SLSA can award compensation to crime victims regardless of conviction. Delhi Victim Compensation Scheme provides amounts for rape (Rs. 7–10 lakh), acid attack, death. Applied through SLSA even in acquittal cases.

Under BNSS Section 35, police must issue notice to appear before arresting when immediate arrest not necessary. SC in Arnesh Kumar v. Bihar (2014) — mandatory for offences with less than 7 years punishment. Accused who complies need not be arrested.

UAPA 1967 (amended 2019) — deals with terrorism and terrorist organisations. Stringent bail under Section 37 (twin test). NIA investigates. Property attachment possible. Individual can be designated "terrorist" even without conviction.

Prevention of Atrocities Act 1989 (amended 2015) — protects SC/ST persons from offences, humiliation, land grabbing. Special Courts for trial. Anticipatory bail generally not available. Fast-track disposal required.

Tribunal under Motor Vehicles Act 1988 for motor accident compensation. No-fault liability for death/permanent disability (Section 163A). Insurance company impleaded. Award with 9% interest from accident date.

President (Article 72) and Governor (Article 161) can grant pardon, reprieve, commutation. Death sentence — both can act. Mercy petition is last resort after all judicial remedies exhausted. Decision subject to limited judicial review for manifest arbitrariness.

Under BNS Sections 34–44 — every person has right to defend body and property from unlawful aggression. No duty to retreat. Force used must not exceed what is necessary. Death can be caused in extreme circumstances (fear of death, rape, kidnapping).

A suit under Specific Relief Act Section 34 seeking court declaration of a legal right without consequential relief. Court has discretion — plaintiff must have a present legal right being denied or threatened by defendant.

Legal document transferring immovable property as gift without consideration under TPA Section 122. Must be voluntary, registered, accepted by donee in donor's lifetime. Gift is irrevocable unless conditions were specified at time of gift and violated.

Document by which co-owner relinquishes their share in jointly held property in favour of other co-owners. Requires registration for immovable property. Commonly used when family member gives up share in ancestral property after receiving consideration.

Legal declaration of wishes regarding property disposal after death. Hindu can make Will for self-acquired property. Must be signed and attested by two witnesses. Registration not mandatory but advisable. Can be altered by codicil.

Lease: transfers interest in property for a term against rent — lessee has exclusive possession (TPA Section 105). Licence: permission to use without creating any interest — revocable. Landlords prefer licence to avoid Rent Control Act. Courts look at substance, not label of document.

Registration Act 1908 — compulsory registration for sale/gift/exchange of immovable property, leases over 1 year. Unregistered compulsorily registrable document cannot be received in evidence for property rights. Stamp duty paid before registration.

Indian Stamp Act 1899 — instruments must be stamped before execution. Insufficiently stamped documents: court must impound them and send to Collector for proper duty + penalty (up to 10x deficiency). Cannot be used as evidence until proper stamp duty paid.

Tribunal under Recovery of Debts Act 1993 for bank dues above Rs. 20 lakh. Banks file OA (Original Application). Faster than civil courts. DRAT for appeals. Borrower can challenge SARFAESI notice in DRT within 45 days.

RFCTLARR Act 2013 — Social Impact Assessment mandatory, 70–80% landowner consent for private projects, compensation at 2–4 times market value, R&R package. Replaces Land Acquisition Act 1894. Challenged in HC within limitation.

Communications marked "Without Prejudice" during settlement negotiations are inadmissible if negotiations fail. Protects parties making settlement offers — cannot establish liability. Encourages frank settlement discussions. Does not protect threats or illegal acts.

One of three tests for interim injunction (along with prima facie case and irreparable injury). Court weighs which party would suffer more harm if injunction granted vs. refused. If balance favours plaintiff, injunction granted subject to status quo.

Civil remedies for IP infringement: injunction (permanent and interim), damages or account of profits, delivery up and destruction of infringing goods. Anton Piller orders in serious counterfeiting. Commercial courts have jurisdiction for IP disputes above threshold.

Consumer Protection Act 2019 — District Commission (up to Rs. 50 lakh), State Commission (Rs. 50 lakh–2 crore), NCDRC (above Rs. 2 crore). E-Daakhil portal for online filing. No court fee. Awards compensation, refund, replacement and punitive damages.

Alternative to divorce under HMA Section 10 — court orders separate living without dissolving marriage. Same grounds as divorce. Suitable for those with religious objections to divorce. Non-resumption for 1 year becomes ground for divorce.

HMA Section 11: Void marriages — bigamy, prohibited degrees (never valid, no decree needed). HMA Section 12: Voidable marriages — impotence, unsound mind, fraud/force, pregnancy by another (requires court decree, can be ratified by continued cohabitation after discovering defect).

PWDVA 2005 — Magistrate can pass: Protection Order (Section 18), Residence Order (Section 19), Monetary Relief (Section 20), Custody Order (Section 21), Compensation Order (Section 22). All orders can be interim and final. Violation of protection order is criminal offence.

Marrying again during lifetime of existing spouse without legal dissolution — criminal offence under BNS Section 82, punishable with 7 years imprisonment/fine. Applies to all religions except Muslim men (where polygamy permitted by personal law).

Under HMA Section 13(1)(ib) — continuous desertion without reasonable cause for at least 2 years is ground for divorce. Constructive desertion: one spouse's conduct forces other to leave. Intention to desert must be proven. Resumption breaks desertion period.

When a person dies without a valid Will. Hindu Succession Act 1956 — Class I heirs (wife, sons, daughters, mother) inherit equally. 2005 amendment gave daughters equal share in ancestral property. Muslims governed by Shariat, Christians by Indian Succession Act 1925.

Doctrine allowing courts to act as guardian for those who cannot protect themselves — minors, persons of unsound mind. Child's welfare is paramount over parents' rights. Invoked in child abduction, custody and medical emergency cases.

Death of wife within 7 years of marriage under suspicious circumstances + shown to have been subjected to dowry harassment — presumed to be dowry death under BNS Section 80. Minimum 7 years imprisonment. Court presumes dowry death on establishing basic facts — burden shifts to accused.

Written Magistrate order authorising police to search a specified place for evidence. Must specify the place and articles to be searched. Execution must be in presence of witnesses. General search warrants are invalid — must be specific.

Document recording recovery of any article during investigation. Must mention exact location, condition, pancha signatures. Recovery on accused's disclosure statement (BSA Section 27) admissible only to the extent it leads to discovery of fact.

Under BNSS Section 173, police must give free copy of FIR to complainant. Accused also entitled before first court appearance. FIR must be uploaded on police website within 24 hours. Denial: approach Magistrate or HC for direction.

NHRC under Protection of Human Rights Act 1993 — investigates violations by state actors (police atrocity, custodial death, torture). Can recommend compensation, prosecution, disciplinary action. Complaint within 1 year of violation.

NSA 1980 — preventive detention up to 12 months without trial if person's activities threaten national security. Detainee informed of grounds. Advisory Board reviews within 3 weeks. Challenged in HC by habeas corpus. Lower evidentiary threshold than criminal prosecution.

BNSS 2023 — chargesheet within 60 days (minor) or 90 days (serious) else default bail. Medical examination of rape victims within 24 hours. Forensic team mandatory for 7+ year offences. Progress report to Magistrate every 3 months for continuing investigation.

Person with specialised knowledge (forensic, medicine, handwriting, ballistics) giving expert opinion in court under BSA Section 45. Court is not bound by expert opinion. Cross-examination of expert is crucial. Opposing party may bring counter-expert.

In Personam: right/judgment against specific person — e.g., money decree. In Rem: right/judgment against property binding on the whole world — e.g., title to land, probate. Property rights are generally in rem — bind all persons, not just parties to litigation.

Latin — "in good faith." Acting honestly without knowledge of defect or fraud. Bona fide purchaser for value without notice gets protection under TPA and NI Act. Courts look at actual knowledge and reasonableness of purchaser's conduct.

Latin — "in bad faith." Acting with dishonest intention or fraudulent purpose. Mala fide exercise of government power vitiates the order. FIR filed with malicious intent can be quashed. Must be specifically pleaded and proved — courts do not presume it.

Latin — "because he fears." Injunction sought to prevent threatened or apprehended wrong before it occurs. Plaintiff must show reasonable apprehension of imminent damage and damages would be inadequate. Difficult to obtain — courts are cautious about restraining anticipated acts.

When insurer pays a claim, it steps into insured's shoes and acquires all rights against third parties responsible for the loss. Insurer then recovers from wrongdoer. Also applies: paying surety steps into creditor's shoes (Contract Act Section 140). Prevents double recovery.

Equitable maxim — "he who comes into equity must come with clean hands." Party seeking equitable relief must not be guilty of unconscionable conduct. Courts refuse specific performance, injunctions to party who acted inequitably. Also applied in PIL if petitioner has personal interest.

Latin — "without a day." Adjournment or dismissal without fixing any future date — indefinite suspension. Parliament is "adjourned sine die" at end of session. Courts dismiss cases sine die when matter completely resolved or settlement reached.

Latin — "by the fact itself." Legal consequence automatically follows from a fact without further act. "A void marriage is void ipso facto" — no court decree needed. Used to denote automatic legal consequences not requiring additional steps or orders.

Latin — "between the parties." Judgment binding only on parties to the litigation — not on strangers. Contrast with in rem orders binding on the world. Most civil court judgments are inter partes — third parties who had no opportunity to contest are not bound.

Latin — "the expression of one thing implies exclusion of others." Statutory interpretation rule — when statute specifically mentions certain items, others not mentioned are impliedly excluded. Applied carefully — not applicable when the list is clearly illustrative.

Latin — "within the powers." Act done within legal authority — valid and binding. Opposite of ultra vires. Courts presume government actions are intra vires — burden on challenger to prove otherwise. Company acts within memorandum and articles are intra vires.

Doctrine — a court may decline jurisdiction when another forum is more appropriate for parties and witnesses. Used in cross-border disputes and international commercial arbitration. Indian courts applied it in cases involving foreign judgment recognition and international contracts with exclusive jurisdiction clauses.

Latin — "for the public good." Legal services provided free. Legal Services Authorities Act 1987 mandates free legal aid for eligible persons. SC and HC have panel lawyers for free legal aid to prisoners and unrepresented parties.

A full-length criminal trial for serious offences (above 2 years punishment) under BNSS — formal charge framing, full prosecution evidence, cross-examination, defence evidence, arguments, judgment. Conducted before Magistrate or Sessions Court depending on offence. More elaborate than summary trial.

Interim court order under CPC Order 39 restraining a party from doing specific acts during pendency of suit. Three tests: prima facie case, irreparable injury, balance of convenience. Can be granted ex-parte initially in urgent cases. Defendant can apply to vacate. Dissolved when suit decided.

When a subordinate civil court has reasonable doubt about a question of law while deciding a case — it can refer the question to HC under CPC Section 113 without transferring the case. HC answers the legal question and returns it. Case decided by subordinate court applying HC's answer.

Senior Advocate: designated by HC/SC full bench based on ability and experience — cannot directly interact with clients, brief only through junior advocates. AOR (Advocate on Record): only advocate registered with SC Registry who can file documents and appear in SC. Every SC matter must have an AOR on record.

Scientific investigation techniques — Polygraph (lie detector), Narco Analysis (drug-induced questioning), Brain Electrical Oscillations Signature (BEOS). SC in Selvi v. Karnataka (2010) — all three cannot be compulsorily administered. Results cannot be admitted as evidence. Only voluntary with free consent admissible to limited extent.

A civil wrong (tort) — publication of a false statement of fact damaging another's reputation to a third party. Libel (written) and slander (spoken). Truth is a complete defence. Fair comment on public matters is a defence. Plaintiff must prove statement was false, published, and caused reputational damage.

Civil wrong — breach of duty of care owed to plaintiff causing damage. Elements: duty, breach, causation, damage. Medical negligence, road accidents, product liability are common examples. Compensation in damages. Contributory negligence reduces plaintiff's claim. No criminal intent required — mere carelessness is sufficient.

Court-ordered or voluntary dissolution of company. Under IBC: if CIRP fails, NCLT orders liquidation — liquidator appointed, assets realized, creditors paid in priority order (secured > insolvency costs > workmen > unsecured > equity). Company then dissolved and struck off the register.

Indian Divorce Act 1869 (amended 2001) governs divorce for Christians — grounds: adultery, cruelty, desertion, conversion, unsound mind, leprosy, venereal disease, not heard of alive for 7 years. District Court and HC have jurisdiction. Mutual consent divorce also available after 2001 amendment.

Adoption of Indian children by foreign nationals/NRIs — regulated by CARA under Hague Convention and JJ Act 2015. CARA registration mandatory. Domestic adoption has priority over inter-country. Recognised adoption agency must be involved. Process takes 1–3 years typically.

When a parent wrongfully removes child from country of habitual residence without other parent's consent. India is not signatory to Hague Convention — courts use parens patriae jurisdiction. Habeas corpus in HC is the remedy. Child's welfare is paramount consideration.

Detention of judgment debtor in civil prison for non-payment of money decree under CPC Order XXI Rules 37–40. Available only after notice and opportunity to appear. Not available against women, persons too old/sick. Maximum 3 months. Release if amount paid or no assets.

Latin — "he who is silent is held to have consented." Silence may imply consent in acquiescence and estoppel situations. Not universally applied — criminal law requires express consent. Courts apply carefully to avoid injustice from imposed silence.

Latin — "movable property follows the person." Law governing movable property is the law of the person's domicile, not location. Relevant in private international law — succession to movable property of a deceased foreigner governed by their home country law.

Permanent forum under Legal Services Authorities Act for pre-litigation disputes relating to public utility services (transport, insurance, hospital, electricity). Even if parties don't agree, PLAs can impose an award unlike regular Lok Adalat. Award is final and binding — no appeal lies.

BNS Section 103 (earlier IPC 302) — culpable homicide amounting to murder. Punishment: death or life imprisonment with fine. Rarest of rare cases doctrine for death penalty (Bachan Singh v. State 1980). Factors: heinousness, multiple victims, victim's vulnerability, convict's criminal history, chance of reform.

BNS Section 63 (earlier IPC 376) — sexual assault without consent. Minimum 10 years RI, extendable to life. 2019 amendment: death penalty for rape of children below 12. Victim identity cannot be disclosed. Medical examination within 24 hours. Trial in camera. Victim's past sexual history inadmissible (rape shield).

Specific Relief Act 1963 amended in 2018 — changed specific performance from discretionary to mandatory for most infrastructure and commercial contracts involving immovable property. Courts can no longer refuse specific performance if contract is valid, enforceable and not covered by exceptions. Changed litigation landscape significantly.

When a party fails to comply with a Restitution of Conjugal Rights decree under HMA Section 9 — the other party can attach their property under CPC provisions. If non-compliance continues for 1 year, it becomes an independent ground for divorce under HMA Section 13(1A). Courts balance compliance and individual liberty.

National Green Tribunal Act 2010 — specialised forum for environmental disputes. Any person can file complaint for substantial question relating to environment. NGT can award compensation, impose fines, direct remediation. Appeal lies to SC. Fast-track disposal: 60 days for interlocutory, 6 months for final matters.

Anticipatory bail under BNSS Section 482 typically comes with conditions: (1) Report to police when required, (2) Surrender passport, (3) Not leave country without permission, (4) Not tamper with evidence/witnesses, (5) Cooperate with investigation. Violation of any condition leads to bail cancellation and fresh arrest.

Court can grant injunction even before actual wrong occurs if plaintiff proves imminent threat of irreparable harm. Examples: threatened encroachment on land, impending publication of defamatory material, anticipated demolition of disputed structure. Plaintiffs must act quickly — delay weakens the claim.

Any killing by police in the course of duty must be investigated under SC guidelines in PUCL v. Maharashtra (2014) — mandatory Magistrate inquiry (Section 176 BNSS), FIR against police if prima facie case, investigation by independent agency. Right to life under Article 21 cannot be taken without due process even for criminals.

Established under Administrative Tribunals Act 1985 under Article 323A — has exclusive jurisdiction over service matters of Central Government employees (recruitment, promotion, disciplinary action, pay). Appeal lies to HC Division Bench, then SC. Intended for faster disposal than HC — but in practice, similar delays.

Dissolution of partnership firm under Indian Partnership Act 1932 — by agreement, notice, or court order (if partner insane, permanently incapacitated, guilty of misconduct). After dissolution: assets realized, debts paid, surplus distributed in profit-sharing ratio. Receiver appointed if accounts disputed.

Under HAMA 1956 — valid adoption requires: adoptive parent with capacity, eligible child (Hindu, not already adopted, below 15 for boys, sapinda restrictions), wife's consent, formal giving and taking ceremony. Adopted child gets equal rights as natural child. Registration advisable but not mandatory.

Criminal court hierarchy under BNSS: Executive Magistrate (preventive orders) → Judicial Magistrate II Class → Judicial Magistrate I Class → Chief Judicial Magistrate → Sessions Court (District Sessions Judge) → High Court → Supreme Court. Each level has defined sentencing powers. Serious offences go to Sessions Court.

A promise to save the other party from loss caused by promisor's own act or third party act under Contract Act Section 124. Indemnity holder's rights: recover damages, costs, sums paid under compromise. Bank guarantees and indemnity bonds are widely used in government contracts and commercial transactions.

Trial in Sessions Court for serious offences: case committed by Magistrate → charge framing → prosecution evidence (examination-in-chief, cross-examination) → Section 313 BNSS examination of accused → defence evidence → arguments → judgment. Sessions Judge can award any sentence including life imprisonment and death subject to HC confirmation.

Person appointed by court to represent a minor or person of unsound mind in legal proceedings under CPC Order XXXII. Also called "next friend." Responsible for the minor's interests in the suit — personally liable for costs if at fault. Cannot settle or compromise without court permission.

File complaint with RERA Authority (online portal) with registration, builder details, agreement to sell, payment records, delay details. Authority hears both parties — orders refund or possession within 60 days. Interest for delay at MCLR+1% (approx 10.85%). Appeal to Appellate Tribunal, then HC.

FIR under BNSS Section 173 must contain: date, time and place of occurrence, description of offence, name/description of accused (if known), names of witnesses, victim's particulars, signature/thumb impression of informant. Must be read out to informant before signature. Cannot be lodged for cognizable offences without recording.

Cases can be referred to Lok Adalat by court or parties can approach directly for pre-litigation settlement. Panel includes retired judge + advocate + social worker. No evidence or argument — only conciliation. If parties agree, award passed. No court fee for referral — paid fee refunded. Award final with no appeal.

Under Mediation Act 2023 — a mediated settlement agreement (MSA) signed by parties and authenticated by mediator is final and binding. Can be registered with the Mediation Council. Enforceable as a court decree — parties can file it in court for execution. Challenge only within 90 days on limited grounds (fraud, corruption, incapacity).

Muslim personal law governed by Muslim Personal Law (Shariat) Application Act 1937 and related statutes. Covers marriage (nikah), divorce (talaq), maintenance (nafaqa), inheritance (succession per Quran — female gets half of male share), mahr. Triple talaq now criminalized (2019). SC in Shah Bano (1985) on maintenance.

During court vacations or at night, urgent bail applications can be moved before the Vacation Bench (HC) or the duty Magistrate. Under Section 436A BNSS — undertrial who has spent half the maximum sentence period is entitled to bail. HC has duty roster for urgent matters even during vacations.

Under Court Fees Act — court fee is refunded when: (1) parties settle before court pronounces judgment, (2) case referred to Lok Adalat and award passed, (3) plaint returned (not rejected), (4) matter decided on preliminary issue without trial on merits. Refund application filed before the court where fee was paid.

Offences where police cannot arrest without warrant or investigate without Magistrate's order — called NC (Non-Cognizable) complaints. Recorded in NC Book. Police report to Magistrate who may direct investigation. Includes most petty offences. NC complaint converted to FIR if Magistrate orders under Section 155(2) BNSS.

After bail is granted, prosecution can move HC or Sessions Court for enhancement of bail conditions if they were too liberal (e.g., bail amount too low, conditions inadequate). Accused can move for modification (reduction of bail amount, relaxation of conditions) if conditions are harsh. Court has ongoing jurisdiction to modify bail.

Under CPC Order I Rule 8 — where numerous persons have the same interest in a suit, one or more may sue or be sued on behalf of all with court permission. Used in consumer class actions, shareholder derivative suits, religious trust disputes. Notice to all members mandatory. Decree binds all.

Governs landlord-tenant relationships in Delhi for properties with standard rent (applies to older tenancies). Eviction only on specific grounds: non-payment of rent, sub-letting, personal use, misuse, bona fide need. Rent Controller (District Court level) adjudicates. Eviction is difficult — strong tenant protection provisions.

Either through advocate (upon filing Vakalatnama) or personally (party-in-person). Criminal cases: accused must be personally present for charge framing and judgment. Civil cases: can appear through advocate. Courts now allow video conference appearance under BNSS and CPC amendments for certain proceedings including accused examination.

General Power of Attorney (GPA): broad authority to act on behalf of principal in multiple matters. Special Power of Attorney (SPA): limited to specific transaction or purpose. GPA used by NRIs for property management. Irrevocable POA given as security must be registered and stamped. Agent cannot delegate unless empowered.

Standard FIR form (Form IF-1) under BNSS Section 173 contains: (1) District/PS/Year/FIR No./Date, (2) Act & Sections, (3) Date/Time of Occurrence + GD Reference, (4) Type — Written/Oral, (5) Place of Occurrence with Beat No., (6) Complainant details, (7) Accused particulars, (8) Reasons for delay, (9) Stolen property details, (10) Total value, (11) Inquest/UD Case No., (12) FIR Contents, (13) Action Taken, (14) Complainant signature, (15) Date/Time of despatch to court.

The daily diary maintained at every police station recording all events, information, complaints, and actions taken chronologically. Every FIR must reference a GD entry number. GD is the official station diary under Delhi Police Standing Order. GD entry number (e.g., GD No. 5A/2024) is recorded on every FIR as proof of when information was first received.

Each police station is divided into smaller geographic units called "beats." Each beat is assigned a Beat Officer (Constable/HC) responsible for law and order in that area. Beat number is recorded in FIR at Column 5 — helps identify the patrol area where offence occurred. Beat Officer's prior knowledge of the area is crucial in investigation.

The officer-in-charge of a police station — typically of Inspector rank. SHO is responsible for registering FIRs, signing them, conducting or supervising investigation, maintaining GD, and appearing in court. FIR must be signed by SHO. BNSS Section 173 — SHO cannot refuse to register cognizable offence FIR. Refusing FIR registration is a punishable offence.

Police officer assigned to investigate a specific FIR case. IO collects evidence, records statements under Section 161 BNSS, conducts searches, makes arrests, prepares charge sheet. IO's role is crucial — any lapse weakens the prosecution case. IO must complete investigation within 60 or 90 days. IO appears in court as prosecution witness and can be cross-examined by defence.

Every event, complaint, or action at a police station is first recorded as a DD (Daily Diary) entry before a formal FIR is registered. DD entry number is referenced in the FIR. If police refuse to register FIR, complainant can demand the DD entry number as proof that complaint was given. DD entries are contemporaneous records highly valued as evidence.

When a person dies in suspicious/unnatural circumstances, police must conduct an inquest under BNSS Section 194 (earlier CrPC Section 174) — examine the body, record circumstances, prepare inquest report with Panchas. If police suspect foul play, body sent for postmortem. Magistrate inquest under Section 195 BNSS for custodial deaths, dowry deaths, deaths in police firing — mandatory. FIR Column 11 records Inquest/UD Case No.

A UD (Unnatural Death) case is registered — not an FIR — when cause of death is unclear or appears unnatural. Police investigate and if evidence of foul play is found, UD case is converted to FIR. UD case is registered in a separate register. Common for suicides, accidental deaths, drowning, unknown deaths. Inquest is mandatory in all UD cases.

Every FIR is assigned a unique sequential number within a police station for a calendar year — format: FIR No. 123/2024 PS Rohini. This is the crime reference number for the entire case — chargesheet, court proceedings, bail applications all reference this number. FIR number is generated in the Crime and Criminal Tracking Network & Systems (CCTNS) database.

The written complaint/application submitted by the complainant to the police for registration of FIR. Called "Rukas" in Delhi Police parlance. The rukas contains all facts of the incident written by complainant or IO. It forms the basis of the FIR — FIR content (Column 12) is essentially the substance of the rukas. Rukas is also the written report sent by beat officer to SHO about an incident.

Crime and Criminal Tracking Network & Systems — a national digital database connecting all police stations. All FIRs, chargesheets, accused data entered in CCTNS. Citizens can view FIR status online. Under BNSS, FIR must be uploaded on police website within 24 hours. CCTNS enables inter-state criminal record sharing. CNR (Case Number Reference) for courts linked to CCTNS.

BNSS 2023 introduced e-FIR — online registration of FIR without visiting police station. Available for certain cognizable offences (especially against women, SC/ST). Complainant registers on police portal, receives acknowledgment with FIR number, then appears at police station within stipulated time. Particularly useful for physically challenged, elderly, women victims who cannot travel easily.

When a dead body is found, IO prepares a "Shav Panchnama" (body panchnama) — detailed description of body's external condition in presence of two panchas. Records: position of body, clothing, visible injuries, rigor mortis, postmortem changes, any ligature/weapon found near body. This document is crucial evidence — prepared before body is moved for postmortem.

Document prepared by IO at the scene of crime in presence of panchas — describes exact physical layout, measurements, articles found (blood stains, weapon, footprints, broken locks etc.). Spot panchnama establishes exact location of crime and condition of scene. Photos and sketches accompany it. Delay in preparing spot panchnama (after scene disturbed) weakens evidence.

Official document recording the seizure of any article/property during investigation — weapon, mobile phone, documents, clothes, vehicle. Must mention: article description, from whom seized, where seized, condition, two pancha witnesses, tag/seal details. Seized articles are tagged, sealed, assigned exhibit numbers. Any break in custody of seized articles can be challenged in court.

Chargesheet under BNSS Section 193 contains: FIR details, facts of the case, list of accused with descriptions, list of witnesses with addresses, list of documents relied upon, list of exhibits/seized articles, sections of law applied, IO's certification. Must be filed within 60/90 days. Incomplete chargesheet can be challenged — court may not take cognizance on defective chargesheet.

When investigation reveals no offence, police file Final Report (not chargesheet) with categories: (A) True but undetected — offence committed but accused not found, (B) False — FIR was false/wrong, (C) Mistake of Fact — no offence disclosed. "B Summary" means police found case false. Magistrate must hear complainant before accepting any Final Report. Complainant can protest.

IO must maintain a day-to-day Case Diary under BNSS Section 193(3) recording all investigation steps — places visited, witnesses interviewed, documents collected. Case diary is not open to accused but Magistrate/court can inspect it. It is not directly admissible as evidence but IO can use it to refresh memory while testifying. Gaps in case diary raise questions about investigation.

A Medico-Legal Case is any injury, ailment or death where law enforcement investigation is essential to fix responsibility. Doctor must register MLC and immediately inform police — this is a statutory duty under BNSS Section 39. MLC is registered with a unique MLC Number in hospital register. MLC report is a crucial legal document used as evidence in court. Doctor cannot register MLC after patient's death.

The formal document prepared by examining doctor describing injuries — also called Wound Certificate or Injury Report. MLR records: patient details, time of examination, detailed description of each injury (location, size, shape, colour, depth), nature of weapon (sharp/blunt), age of injuries, doctor's opinion on nature (simple/grievous) and cause. MLR is primary medical evidence in assault/hurt cases.

Every government hospital (and private hospital for MLCs) maintains an MLC register — sequential MLC numbers assigned yearly. MLC number is cross-referenced in FIR (Column 11) and chargesheet. Police duty constable (PC) at hospital OPD maintains a separate register cross-linking MLC numbers with FIR numbers. MLC register maintained for minimum 10 years.

Next of Kin — the nearest living relative of a patient or deceased. In MLC cases, NOK must be informed of patient's condition. In death cases, body cannot be handed to NOK directly — police do so after completing inquest formalities. "Brought by NOK" or "Brought by unknown" is recorded in MLC. NOK's statement about circumstances of injury is recorded as part of MLC history.

Injuries sustained while the person was alive — before death. Characterized by vital reaction: bleeding, swelling, bruising, inflammatory response. Distinguishing ante-mortem from post-mortem injuries is crucial in homicide cases — confirms victim was alive when injured. Doctor must certify in MLC/PM report: "all injuries are ante-mortem in nature" or specify which are ante/post mortem.

Road Traffic Accidents are automatically MLC cases — police must be informed immediately. RTA MLC records: time/place of accident, type of vehicle, injuries sustained, hospital admission. Police register FIR u/s 279/338/304A BNS depending on severity. RTA MLC is also used in MACT claim proceedings as primary medical evidence. Hit-and-run cases: Section 161 BNS applies.

Sexual assault MLC must be done within 24 hours of incident (BNSS requirement) by lady doctor or in presence of female attendant. MLC includes: genital examination, injuries to private parts, hymen status, age assessment, DNA samples (vaginal/anal/oral swabs), clothes preservation, nail scrapings. Samples sealed and sent to FSL. MLC report — primary evidence in rape trials. Victim's consent not required for MLC if brought by police.

Government laboratory that analyses forensic evidence — blood, DNA, poison, handwriting, fingerprints, ballistics, explosives, narcotics, documents. Police send sealed samples to FSL. FSL report is admissible under BSA/IEA as expert opinion. FSL officer appears as expert witness. Delhi has Rohini FSL. Central FSL at Hyderabad/Chandigarh/Kolkata. FSL report awaited mentioned in chargesheet — final opinion after FSL report received.

During postmortem, when poison is suspected or cause of death is uncertain, doctor preserves viscera (internal organs) for chemical analysis by FSL. Standard preservation: stomach with contents (250ml), intestine (50cm), liver (500g), kidney (one), blood (10ml in NaF), urine. Preserved in sealed glass jars with saturated salt solution. Sent to FSL Chemical Division with PM report. Opinion reserved pending chemical analysis.

SIL (Seriously Ill List) and DIL (Dangerously Ill List) are hospital notifications placed outside wards for MLC patients in serious condition. When a patient is on DIL, Magistrate is called to record dying declaration. Police are informed of any change in patient's condition. If DIL patient dies, postmortem is mandatory. SIL/DIL entries are important evidence of patient's condition at relevant time.

Doctor classifies injuries in MLR as Simple (minor — heals without permanent damage) or Grievous (BNS Section 116 / IPC Section 320 — permanent disability, loss of limb/eye/hearing, fracture, disfigurement, endangers life, incapacitation for 20+ days). Classification determines the offence: Simple hurt = BNS 115 (IPC 323); Grievous hurt = BNS 117 (IPC 325). Doctor's opinion is decisive but court is not bound.

When poisoning suspected, MLC includes: nature of suspected poison (organophosphate, acid, rat poison, pills), time of ingestion, symptoms, smell. Gastric lavage (stomach wash) collected in sealed container and sent to FSL. Blood, urine samples preserved. If patient dies, viscera preserved. Doctor notes smell (garlic = organophosphate), colour of vomit, pupil size — all are indicators of type of poison.

Burn MLC records: type of burn (flame/acid/chemical/electrical/steam), percentage of body surface area (BSA) burned using Rule of Nines, degree (1st/2nd/3rd), distribution, ante-mortem or post-mortem nature. Acid attack MLC additionally records: face/neck/limb involvement, depth. Acid attack victim: clothes preserved, swab of burn area taken for FSL. BSA % >50 is generally life-threatening.

In domestic violence/IPV cases, MLC is crucial evidence. Doctor records: multiple injuries at different stages of healing (indicating repeated assault), patterned injuries (matching weapon shape), injuries at unusual locations (inner thigh, upper arms — hidden areas), victim's history (reluctant to disclose assailant). DV Act requires MLC registered with "history given by patient" preserving victim's own words. MLC must be registered even without police complaint.

Scientific examination of a dead body to determine cause, manner and time of death. Conducted by government-authorized forensic surgeon/pathologist. In India, PM is mandatory in: homicide, suicide, unnatural/accidental deaths, custodial deaths, dowry deaths, unknown identity deaths. PM Report (PMR) contains external and internal examination findings, viscera preservation details, and cause of death opinion. Private hospital cannot conduct medico-legal PM without authorization.

PM Report contains: (A) Body description — age, sex, built, height, weight, identity marks. (B) External examination — clothing, postmortem changes, injuries numbered and described. (C) Internal examination — organ by organ findings (skull, brain, thorax, lungs, heart, abdomen, stomach contents, liver, kidneys, genitalia). (D) Viscera preserved (if any). (E) Cause of death opinion. (F) Time since death estimate. Doctor certifies PM Report with date, time, place.

Stiffening of muscles after death due to chemical changes — appears 2-6 hours after death, fully developed by 12 hours, disappears 24-48 hours later (in normal temperatures). Helps estimate time of death. Recorded in PM report as: absent/passing off/fully developed/partial. Rigor mortis delayed in cold weather, hastened in heat. "Cadaveric spasm" — immediate stiffening at moment of death (rare, suggests violent struggle).

After death, blood pools in dependent (lowest) parts of body — creating purple discolouration called lividity or hypostasis. Appears 1-2 hours after death, fixed after 6-8 hours. PM lividity indicates: body position at time of death, whether body was moved after death (lividity doesn't match body's current position = body moved). Recorded in PM report: colour, distribution, fixed or not, consistent/inconsistent with body position.

PM Report must specify: (1) Immediate Cause — the final biological event (e.g., cardio-respiratory failure). (2) Underlying Cause — condition initiating death (e.g., asphyxia due to strangulation). (3) Manner of Death — Homicidal/Suicidal/Accidental/Natural/Undetermined. Standard format: "Death is due to cardio-respiratory failure as a result of [cause] which is [manner] in nature." When uncertain: "Opinion reserved pending chemical analysis."

Forensic surgeon estimates time of death using: rigor mortis stage, PM lividity (fixed/not), body temperature (algor mortis — body cools at ~1°C/hour), decomposition stage, stomach contents (food digestion rate), insect activity, eye changes (potassium in vitreous humour). TOD is always an approximation — expressed as a range (e.g., "death occurred 8-12 hours before PM examination"). Alibis are tested against TOD.

Progressive breakdown of dead body by bacteria and autolysis. Stages: bloating (gas production), skin discolouration (green/purple/black), skin slippage, liquefaction, skeletonization. Advanced decomposition makes PM difficult — cause of death may be uncertain. PM report notes decomposition stage and its impact on findings. In decomposed bodies, forensic entomology (insect study) and diatom test (drowning) may be used for time estimation.

Medical classification of wounds for MLC/PM: (1) Incised wound — clean cut by sharp edge, even margins (knife/blade). (2) Stab wound — depth greater than width, by pointed weapon. (3) Lacerated wound — irregular, ragged edges from blunt force. (4) Contusion/Bruise — internal bleeding, skin intact, from blunt object. (5) Abrasion — superficial skin scraping. (6) Firearm wound — entry (small, inverted) and exit (large, everted). Type of wound reveals weapon used.

Critical PM distinction in suspicious deaths. Hanging (suicidal typically): ligature mark oblique (upward), located high on neck, incomplete encircling, point of suspension above. Strangulation (homicidal): ligature mark horizontal, complete encircling, low on neck, multiple turns, or manual strangulation marks (fingernail abrasions, thumb pressure marks). Petechial haemorrhages in eyes are more pronounced in strangulation. Direction of ligature mark is crucial — forensic experts are frequently cross-examined on this.

PM findings in drowning: frothy fluid in lungs and air passages, overinflated lungs (emphysema aquosum), waterlogging of lungs (lungs float poorly), diatoms (microscopic algae) in lung/bone marrow if alive when submerged. Diatom test — if diatoms from water match those in bone marrow, confirms drowning. Body in water — "washerwoman's skin" (wrinkled palms/soles), adipocere in chronic cases. Ante-mortem drowning vs body dumped in water (no diatoms) is key forensic question.

PM documentation of firearm wounds: Entry wound — small, circular/oval, inverted margins, blackening/tattooing/burning (contact/near-contact shot). Exit wound — larger, irregular, everted margins, no blackening. Bullet trajectory, track through body, organs damaged. Bullet/pellets retrieved are sent to Ballistic section of FSL. FSL can determine: type of weapon, barrel length, firing distance. Hands swabbed for gunshot residue (GSR) — important if suicide claimed.

When a person dies in police or judicial custody, special protocol applies: Magistrate inquest mandatory (BNSS Section 195), PM by a board of 3 doctors, video recording of PM, NHRC must be informed within 24 hours, family must be present during PM, body with all clothes handed to police. SC guidelines in D.K. Basu case apply. PM in custodial death is scrutinized for torture marks, ligature marks, internal injuries inconsistent with claimed circumstances.

When married woman dies within 7 years of marriage in suspicious circumstances, Magistrate inquest mandatory (BNSS Section 195). PM focuses on: nature of burns (kitchen fire vs deliberate dousing with kerosene), entry point of flame (feet-up = murder, face-down = accidental), carbon monoxide in blood (fire survival — victim was alive in fire), injuries inconsistent with claimed accident, signs of prior physical abuse. PM findings determine BNS Section 80 (Dowry Death) charges.

FSL Chemical Division analyses viscera/blood/urine/gastric lavage for poisons. Report specifies: poison identified (organophosphate/rodenticide/heavy metal/narcotics/alcohol), quantity found, lethal/sub-lethal dose determination. Report takes 2-6 months typically. Until toxicology report, PM cause of death remains "reserved." Toxicology report + PM report together establish poisoning as cause of death. Critical in alleged food poisoning, suicide by pesticide, drug overdose cases.

DNA profiling from biological samples (blood, semen, saliva, hair, tissue) collected at crime scene or from victim/accused. DNA profile compared — match probability expressed in billions (e.g., 1 in 4 billion). DNA evidence admissible under BSA as expert opinion. DNA profiling in India done at Centre for DNA Fingerprinting and Diagnostics (CDFD), Hyderabad or State FSL. BNSS provides for DNA collection from accused with Magistrate order. DNA Act 2022 regulates DNA database.

When age of accused or victim is disputed (juvenile claim, POCSO cases), medical age estimation is done. Methods: ossification test (X-ray of wrist, elbow, hip joints — bone fusion indicates age), dental examination (wisdom teeth, root formation), secondary sexual characteristics. Age given as range (e.g., 16-18 years). JJ Act: if ossification test suggests possibility of juvenility, juvenile treatment applies. Medical opinion not conclusive — benefit of doubt to juvenile claim.

Blood group testing of crime scene stains and victim/accused samples. ABO grouping (A, B, AB, O) and Rh factor (positive/negative) compared. Blood group match is necessary but not sufficient — same group in 40-45% population. Blood group mismatch is significant — excludes source. Modern forensic relies on DNA rather than blood grouping alone. Blood group evidence: "Blood on accused's clothes is Group O+ — consistent with victim's blood group O+."

Central/State Forensic Science Laboratories have multiple divisions: (1) Serology — blood, DNA, biological stains. (2) Toxicology — chemical/poison analysis. (3) Ballistics — firearms, bullets, GSR. (4) Documents — handwriting, forged documents, ink analysis. (5) Fingerprints — latent/patent print comparison. (6) Physics — tool marks, fiber, glass. (7) Biology — hair, fibre, diatoms. (8) Cyber — digital evidence. Each division gives separate expert report.

Unbroken documentary record tracking an exhibit from scene of crime through police custody → FSL → court. Each transfer must be documented: who collected (IO), when, sealed condition, who transported, FSL receipt acknowledgment, court exhibit number. Break in chain of custody = defence challenge that evidence may have been tampered. SC held: even if one link is broken, court can rely on evidence if it is otherwise reliable and credible.

CNR (Case Number Record) — unique alphanumeric number assigned to every case filed in eCourt system. Format: State code + District code + Court code + Case type + Year + Serial Number. Example: DLCT01-CC-001234-2024. Used to track case on eCourts website (ecourts.gov.in) or eCourts mobile app. Every litigant should note their CNR for easy case tracking.

eCourts Services — digital platform of Supreme Court of India for tracking cases across all district and High Courts. Website: ecourts.gov.in. Mobile app: eCourts Services (iOS/Android). Features: case status, hearing dates, orders, cause list, filing notifications. CNR number required. QR code on case files links directly to case page.

Roznama (Order Sheet) — official daily record of all proceedings in a case maintained by the ahlmad/court clerk. Every adjournment, order, direction, appearance, application filed, and event is chronologically recorded. Roznama is the primary court record from which certified copies are prepared. Critical for tracking case history.

Process Fee — fee paid to court for issuance and serving of summons, notices, and warrants to parties or witnesses. Paid at time of filing suit or application. Without paying process fee, notices are not served and opposing party may not be intimated of proceedings. Amount varies by court and State. Dasti service (by party) may be cheaper.

Personal Appearance (PA) — court's direction requiring the accused or a party to appear in person on a specific date. Failure to appear can lead to bailable warrant (BW) or non-bailable warrant (NBW). PA Exemption — application filed by advocate requesting court to excuse party's personal attendance for that date; granted with cause shown. In criminal cases PA exemption cannot always be granted — appearance is mandatory on framing of charges, recording of plea, and pronouncement of judgment.

Ahlmad — court official/clerk responsible for maintaining case files, preparing daily cause list, accepting applications, issuing notices and keeping records. Also called Bench Clerk or Peshkar depending on court level. Munsarim — head clerk of a civil court. Nazir — court officer managing the court treasury, cash deposits, and execution of processes. Reader — stenographer who reads out orders dictated by judge.

Metropolitan Magistrate (MM) — judicial officer in metropolitan areas (Delhi, Mumbai, Chennai, Kolkata etc.); equivalent to JMFC. Judicial Magistrate First Class (JMFC) — in non-metropolitan districts; can try cases with punishment up to 3 years and impose fine up to Rs.50,000. Both work under Chief Judicial Magistrate (CJM). Can grant bail, remand, take cognizance of complaints.

Rejoinder (Replication) — written reply filed by plaintiff in a civil suit responding to the Written Statement (WS) filed by defendant. Must specifically deny new pleas raised in WS. Failure to file rejoinder may mean pleas in WS are admitted by default. Must be filed within time given by court. After rejoinder, court frames issues based on pleadings of both sides.

Urgent Mentioning — procedure to bring an urgent matter to court's attention before regular cause list begins, usually at start of court session. Advocate mentions matter, states urgency, and requests it be taken up out of turn. Common in High Courts and Supreme Court. Mention Book — register in court for receiving urgent applications. Not every urgent mention is granted — judge decides.

Short Date — date given for a specific purpose (evidence, arguments, judgment), usually in the near future with no long gap. Peremptory Date — 'last chance' date given to a party; if default occurs on peremptory date, adverse consequences follow automatically (dismissal for default, ex-parte decree, acquittal for non-prosecution etc.). Advocates must not treat peremptory dates casually.

Cause List — daily list of cases fixed for hearing in a particular court on a specific day. Prepared by ahlmad/court staff. Shows case number, names of parties, advocate names, and purpose of listing (arguments/evidence/orders/judgment). Usually displayed outside court room by 10 AM. Available on eCourts website and app. Cases not on cause list may not be called that day.

Service of Process (Taameel) — formal delivery of court documents (summons, notice, warrant) to parties and witnesses. Modes of service: personal service (hand delivery), substituted service (on adult family member at residence), service by publication in newspaper, speed post, electronic service. Proof of service (return of process) must be filed. Without proper service, proceedings cannot advance against a party.

Court of Sessions — principal criminal court of original jurisdiction in each district. Presided by Sessions Judge (who is also District Judge). Tries sessions cases — offences punishable with more than 7 years / life imprisonment / death. Sessions Judge is superior to all Magistrates in district. Also hears appeals from Magistrate courts. Committing Magistrate commits session cases to Sessions Court for trial.

Interim Order — temporary order passed during pendency of case to grant urgent relief or maintain status quo till final disposal (e.g. stay order, temporary injunction). Interlocutory Order — order on a subsidiary/collateral matter arising during proceedings but not finally deciding the case (e.g. order for discovery, amendment of plaint). All interim orders are interlocutory, but not all interlocutory orders are interim orders. Both can be challenged.

Reply to Written Statement (Replication) — plaintiff may file a written reply to defendant's Written Statement, specifically denying new facts or pleas raised therein. Avoids admission by silence. Must be concise and specific. Courts may not always allow filing of replication as a matter of right — leave of court may be required. After pleadings are complete (plaint + WS + replication), court proceeds to framing of issues.

Preliminary Objection — legal objection raised at the threshold of proceedings challenging maintainability of the case on technical/legal grounds such as: lack of jurisdiction, suit barred by limitation, res judicata, non-joinder of parties, non-payment of court fees, absence of cause of action. If upheld, case dismissed without going into merits. Raised by way of IA or mentioned during framing of issues. Argued before evidence stage.

Under Trial Prisoner (UTP) — person in judicial custody (jail) awaiting trial, having been denied bail or unable to furnish bail. UTPs constitute over 75% of India's prison population. Rights of UTPs: right to speedy trial (Article 21), free legal aid (Article 39A), bail after serving half maximum sentence period (S.479 BNSS — first time offenders: 1/3rd). Prolonged UTP detention without trial is violation of fundamental rights.

Protest Petition — petition filed by complainant/victim before Magistrate when police files closure report (final report) acquitting accused or referring case. Also called Objection Petition or Disagreement Petition. Magistrate can treat protest petition as a complaint and independently take cognizance. Enables victim to challenge police inaction. Court may direct further investigation (S.173(8) CrPC) on basis of protest petition.

Hurt (S.114 BNS = S.319 IPC) — causing bodily pain, disease, or infirmity. Punishment: S.115 BNS — up to 1 year + fine. Grievous Hurt (S.116 BNS = S.320 IPC) — includes: emasculation, permanent loss of sight/hearing, loss of any member or joint, permanent disfiguration of face/head, fracture/dislocation of bone, grievous hurt endangering life or causing severe bodily pain lasting 20+ days. Punishment: S.117 BNS — up to 7 years + fine.

Murder (S.101 BNS = S.300 IPC) — culpable homicide amounting to murder; intentional killing with 4 exceptions. Punishment (S.103 BNS): death or life imprisonment + fine. Culpable Homicide Not Amounting to Murder (CHNAM, S.99 BNS = S.299 IPC) — death caused without full murderous intention; punishment: up to life or 10 years + fine. Key distinction: degree of intention and knowledge. Exceptions to murder: grave provocation, exceeding private defence, sudden fight, consent.

Kidnapping from India (S.137(1) BNS = S.360 IPC): taking person out of India without consent. Kidnapping from Lawful Guardianship (S.137(2) BNS = S.361 IPC): enticing/taking minor under 16 (male)/18 (female) or unsound person out of keeping of lawful guardian without consent. Abduction (S.138 BNS = S.362 IPC): compelling or inducing any person (no age limit) to go from any place by force, deceit, or criminal intimidation.

Robbery (S.309 BNS = S.390 IPC) — theft or extortion in which offender voluntarily causes or attempts to cause death, hurt, or wrongful restraint. Punishment: S.309(1) BNS — up to 10 years + fine; in case of violence: up to 14 years. Dacoity (S.310 BNS = S.391 IPC) — robbery committed by 5 or more persons conjointly. Punishment: S.310(1) BNS — up to life + fine. Preparing for dacoity (S.311): up to 7 years.

Perjury (S.229 BNS = S.191 IPC) — giving false evidence while legally bound by oath/affirmation in any judicial proceeding. Punishment (S.229 BNS): up to 7 years + fine. Fabricating false evidence (S.230 BNS = S.192 IPC): punishment up to 7 years; if to obtain conviction — up to life. Prosecution for perjury requires complaint by the court before which evidence was given (S.215 BNSS = S.195 CrPC). Perjury in Parliament or judicial proceedings treated most seriously.

Video Conferencing Remand — appearance of accused before Magistrate via video link for purpose of remand, instead of physical production. Expressly permitted by S.187(2) BNSS. Used for: sick/injured accused in hospital, accused in far locations, COVID situations, or where physical movement poses security risk. Magistrate must ensure accused can communicate privately with advocate. First production (within 24 hours of arrest) usually requires physical presence.

Suspension of Sentence (S.430 BNSS = S.389 CrPC) — appellate court may suspend execution of sentence during pendency of appeal and release convict on bail. Factors: prima facie case in appeal, nature of offence, period already undergone, likelihood of early hearing, flight risk. Not available in all cases — stringent conditions for NDPS, POCSO, PMLA. Conviction does not stand suspended automatically — application required.

Default Bail (Statutory Bail) — S.187(10) BNSS (S.167(2) CrPC): if police fails to file chargesheet within 60 days (Magistrate offence) or 90 days (Sessions offence — death/life/10 years), accused is entitled to bail as a matter of right. This right accrues on the 60th/90th day at midnight. Accused must apply before chargesheet is filed — right extinguishes on filing. Cannot be defeated by filing incomplete chargesheet.

ECIR — Enforcement Case Information Report registered by Enforcement Directorate (ED) under PMLA (Prevention of Money Laundering Act) for money laundering investigation. Unlike FIR, ECIR is based on a predicate offence (Schedule offence under PMLA). ED is not required to give copy of ECIR to accused — Supreme Court upheld this in Vijay Madanlal Choudhary v. UOI 2022. ED has power of arrest, attachment and prosecution under PMLA.

Tender of Pardon (S.307 BNSS = S.306 CrPC) — Magistrate may offer pardon to any person accused of or reasonably suspected to be concerned in offence, in exchange for full and true disclosure of offence and all other persons involved. Person who accepts becomes Approver (Crown Witness / Sarkari Gawah). If approver does not make complete honest disclosure, pardon is withdrawn and prosecution recommences. Approver's evidence requires corroboration (S.128 BSA).

Prohibition on Arrest of Women at Night — S.187(2) BNSS: woman shall not be arrested between sunset and sunrise except in exceptional circumstances with prior permission of Judicial Magistrate 1st Class. Woman arrested at night must be released on bail unless offence is heinous. Arrested woman to be kept in custody of female police officer. K.S. Puttaswamy guidelines and D.K. Basu directives on arrest must be followed in all cases.

Closure Report / Final Report — filed by police under S.173 CrPC/BNSS when investigation is complete and no case is made out (referred to as 'B Summary' or 'Mistake of Fact' or 'False Case'). Protest Petition — filed by complainant/victim challenging closure report before Magistrate. Magistrate can: (i) agree and close case; (ii) direct further investigation; (iii) take cognizance treating protest petition as complaint; (iv) issue process against accused. Victim's right protected even if police acquits.

Right to Speedy Trial — fundamental right under Article 21 (Hussainara Khatoon v. State of Bihar 1979). No rigid time limit in India (unlike US). Courts have inherent power to quash proceedings if long unexplained delay violates Article 21. S.479 BNSS: UTP entitled to bail after serving half of maximum sentence (1/3 for first time offenders). Factors for delay considered: number of witnesses, complexity of case, conduct of accused.

Key Cybercrime Offences under IT Act 2000: S.66 — computer related dishonest acts (3 years + Rs.5 lakh). S.66C — identity theft (3 years + Rs.1 lakh). S.66D — cheating by personation online (3 years + Rs.1 lakh). S.66E — privacy violation/voyeurism (3 years + Rs.2 lakh). S.66F — cyber terrorism (life imprisonment). S.67 — obscene content online (3 years + Rs.5 lakh). S.67B — child pornography (5 years + Rs.10 lakh). Cybercrime FIR at nearest PS or cybercrime.gov.in.

PC Act 1988 Trap Case Procedure: (1) Complainant reports bribe demand to ACB/CBI. (2) Pre-trap mahazar at ACB office — numbered/signed currency noted. (3) Phenolphthalein powder applied to notes. (4) Complainant meets accused; demand established. (5) Accused accepts. (6) Signal given; raiding team arrives. (7) Sodium carbonate solution test on hands (turns pink if touched notes). (8) Post-trap mahazar + arrest. Sanction required (S.19 PC Act) before prosecution.

SC/ST (Prevention of Atrocities) Act 1989 as amended 2015 and 2018: Investigation only by Deputy SP or above (S.9). Exclusive Special Court in each district (S.14). No anticipatory bail if prima facie case is established — Prithvi Raj Chauhan v. UOI 2020 SC. S.4: wilful neglect by public servant is offence. New offences added 2015: tonsuring, garlanding with footwear, parading, boycotting socially. Victim entitled to relief/compensation under Relief and Rehabilitation Rules.

Necessary Party (Order 1 Rule 9 CPC) — party whose presence is indispensable for effective adjudication and without whom no effective decree can be passed. If not impleaded, suit may fail on that ground. Proper Party — party whose presence is desirable but not strictly essential. Court may order addition of necessary party suo motu at any stage. Non-joinder of necessary party is fatal; non-joinder of proper party is not.

Preliminary Decree — decree passed in certain suits (partition, pre-emption, mortgage foreclosure, dissolution of partnership) determining rights of parties but not granting final relief; leaves further proceedings for later (Order 20 Rules 12-18 CPC). Final Decree — passed after inquiry or commissioner's report pursuant to preliminary decree, granting specific/final relief. Limitation for execution runs from final decree, not preliminary decree.

Appeal (S.96-112 CPC) — substantive right to have merits re-examined by superior court; available only if statute provides; court can re-appreciate evidence. Revision (S.115 CPC) — supervisory jurisdiction of High Court to correct jurisdictional errors, illegal exercise or non-exercise of jurisdiction by subordinate courts; no re-appreciation of evidence; only three grounds: no jurisdiction, excess jurisdiction, illegal/material irregularity. Revision is not a substitute for appeal.

Addition of Parties (Order 1 Rule 10 CPC) — court may add any person as plaintiff or defendant if their presence is necessary for complete adjudication, at any stage. Application can be filed by existing party or person seeking to be added. Deletion — impleadment of wrong person can be deleted. Addition after limitation period: if same cause of action, limitation for new party runs from date of application, not original suit — Order 1 R.10(2) allows this to avoid multiplicity.

Decree Holder (DH) — person in whose favour decree has been passed. Has right to execute decree. Judgment Debtor (JD) — person against whom decree has been passed; liable to comply. DH can execute decree within 12 years (Limitation Act Article 136). Execution application under Order 21 CPC before same court that passed decree or where JD resides/property is. JD can raise objections u/S.47 CPC — only on execution process, not to re-open merits of decree.

Court fee is payable on valuation of suit (Court Fees Act 1870 + Suits Valuation Act 1887). Suit for money: ad valorem on amount claimed. Suit for possession: market value of property. Specific performance: value of contract. Injunction suit: market value of subject matter. Wrong valuation entitles court to reject plaint or direct amendment with additional court fee. In Delhi, Delhi Court Fees Act applies. Court fee once paid: refundable on settlement under Sec. 89 CPC (mediation) or if case settled.

Restitution (S.144 CPC) — when decree or order is varied, reversed, or set aside by appellate court, the court which passed it must on application restore the parties to the same position they would have been in if the decree/order had not been passed. Includes: refund of money received under decree, return of property, restitution of costs, and mesne profits. Application for restitution is separate — not execution. Time-barred after 3 years from date of appellate decision.

Trespass to Land — entering another's land without permission or lawful authority is both civil wrong (tort) and criminal offence (S.329 BNS = S.447 IPC — criminal trespass). Civil remedy: injunction + damages for trespass. If actual possession interfered: suit for possession + permanent injunction. Adverse possession: trespasser in continuous possession for 12 years can acquire title. If dispossessed within 6 months: police complaint under S.145 CrPC for restoring possession.

In suit for specific performance of contract, plaintiff must plead and prove continuous 'readiness and willingness' to perform their part of contract from date of contract up to date of hearing (S.16(c) Specific Relief Act 1963). Failure to prove this is fatal — suit must be dismissed. Must show: funds available, performed or offered to perform all conditions, not at fault for breach. Mere readiness at time of decree is insufficient — readiness throughout is required.

Eviction under Delhi Rent Control Act 1958 — Rent Controller (RC) has exclusive jurisdiction over standard rent premises. Grounds for eviction: S.14(1)(a) non-payment of rent; S.14(1)(b) subletting without permission; S.14(1)(e) personal bona fide need of landlord. S.25B — summary eviction of tenancies created after 1 December 1988 (leave to defend required). Tenant can deposit rent if landlord refuses — S.27 DRCA. Eviction orders executed by RC; appeal to Rent Control Tribunal (RCT).

Maintenance under S.144 BNSS (S.125 CrPC) — wife, minor children, major disabled children, and parents entitled to maintenance if unable to maintain themselves. Wife includes divorced wife till remarriage. Amount: based on respondent's income and applicant's needs. Interim maintenance (S.144(3) BNSS): order within 60 days. Enforceable as fine/civil prison if not paid. Cannot be waived by agreement. DV Act S.20 also provides monetary relief including maintenance.

Valid Hindu Marriage requires (S.5 HMA): (i) Neither party has living spouse (violation = void marriage). (ii) Neither party is of unsound mind, mental disorder, or subject to recurrent insanity (violation = voidable). (iii) Bridegroom 21 years, bride 18 years — violation is offence under Child Marriage Restraint Act but does not void marriage. (iv) Parties not within degrees of prohibited relationship (violation = void). (v) Parties not sapindas (violation = void unless custom permits).

Mutual Consent Divorce (S.13B HMA, S.28 SMA): First Motion — joint petition after 1 year of separation. Cooling Period: minimum 6 months, maximum 18 months between first and second motion (to allow reconciliation). Second Motion — filed by both or either party after 6 months. If one party refuses second motion, other party cannot proceed unilaterally. SC in Amardeep Singh v. Harveen Kaur 2017: cooling period can be waived by HC/SC if parties have been separated for over 18 months and settlement is just.

Recognition of Foreign Divorce Decree in India (S.13 CPC) — enforceable if: pronounced by competent court, parties submitted to its jurisdiction, respondent was resident/domiciled there, natural justice followed, not obtained by fraud, not contrary to Indian public policy. Hindu marriage: SC in Y. Narasimha Rao v. Y. Venkata Lakshmi 1991 — foreign court cannot dissolve Hindu marriage on grounds not available under HMA. Suppression of facts or collusive decree: not recognized in India.

Surrogacy (Regulation) Act 2021 — bans commercial surrogacy; only altruistic surrogacy by close relative permitted. Eligible intending couple: Indian married couple; wife 23-50 years, husband 26-55 years; medically proven infertility. Widow or divorcee (35-45 years) can also opt. Surrogate must be: close relative, ever-married, has own living child, aged 25-35 years. All agreements must be approved by National/State Surrogacy Board. Surrogacy child has all rights of natural-born child.

Probate — court certification authenticating a Will and granting authority to named executor to administer estate. Mandatory for Hindus/Christians in Presidency towns (Mumbai, Chennai, Kolkata). Letters of Administration — granted when: no will (intestate), executor refuses, or no executor named. Succession Certificate (S.370-79 Indian Succession Act) — for movable debts/securities; simpler procedure. Probate gives executor authority to collect assets, pay debts, and distribute estate.

Waqf — permanent dedication of immovable/movable property by Muslim for religious, pious, or charitable purposes. Governed by Waqf Act 1995. Waqf Board — statutory body in each State managing waqf properties. Disputes about waqf property: Waqf Tribunal has exclusive jurisdiction (S.83 Waqf Act); civil court jurisdiction barred. Appeal from Tribunal: to High Court on question of law only. Waqf by user — long-standing use of property for religious purposes creates waqf status. Mutawalli — manager of waqf.

Alimony Pendente Lite (S.24 HMA) — maintenance + litigation expenses to wife or husband during pendency of matrimonial proceedings. Applicable in divorce, judicial separation, nullity suits. No rigid formula — court considers income of both parties, lifestyle, dependants. Must be decided within 60 days of notice. Distinct from permanent alimony (S.25 HMA granted at conclusion of case). DV Act S.23 also provides interim maintenance in DV proceedings alongside S.24 HMA.

Illegitimate Child (born outside wedlock) rights under Indian law: S.16 HMA — child of void/voidable marriage is deemed legitimate for purposes of inheriting parents' self-acquired property only (not ancestral/coparcenary HUF property). S.125 CrPC/S.144 BNSS — entitled to maintenance from father. Mother is natural guardian under S.6 Hindu Minority and Guardianship Act. Personal law inheritance: extremely limited rights. Constitutional right: cannot be denied education or basic rights.

Hindu Marriage Act 1955: applies to Hindus (incl. Sikhs, Buddhists, Jains). Marriage by religious ceremony (saptapadi valid). No notice period. Registration under S.8 HMA (optional in most states). Special Marriage Act 1954: applies to ALL religions. Marriage Officer registers marriage (no religious ceremony required). 30-day notice mandatory. Preferred for: inter-religion marriages, secular marriages, international couples (NRIs). Divorce grounds largely similar; SMA has slightly broader grounds.

Counter FIR — FIR filed by accused persons or their supporters against the original complainant arising from the same incident or in retaliation. Police must register counter FIR if a cognizable offence is disclosed. Courts often monitor both cases together ('cross cases'). Bail consideration in cross cases: court may consider conduct in related case. SC held: merely because counter FIR is filed does not mean bail should be denied in first FIR (Arnesh Kumar guidelines).

Arrest without Warrant (S.35 BNSS = S.41 CrPC) — police officer may arrest without warrant for: offences punishable with 7+ years, person in possession of stolen property, proclaimed person, escaped from custody. For offences below 7 years: arrest must be justified by necessity — not automatic. Arnesh Kumar v. State of Bihar 2014 SC: police must first issue notice (S.35(3) BNSS = S.41A notice); arrest only if notice not complied with or reasonable belief of flight/evidence tampering.

Status Report — report filed by police/IO before court when directed by court, updating it on: progress of investigation, arrests made, evidence collected, chargesheet timeline, action taken on complaint. Common in bail hearings, habeas corpus petitions, PILs and criminal writs. Court passes orders on basis of status report. Non-filing of status report on due date invites contempt proceedings. Status report is not the same as chargesheet.

Investigation — conducted by police officer after registration of FIR; collection of evidence, statement of witnesses, arrest; ends with chargesheet (S.173 BNSS). Inquiry — conducted by Magistrate before or during case; e.g., S.194 BNSS inquest, or S.202 BNSS inquiry before issuing process; not adversarial. Trial — formal examination of charges before competent court in presence of both parties with right to evidence and arguments; ends in conviction or acquittal. Three distinct stages; roles cannot be interchanged.

Chargesheet Filing Period (S.187 BNSS = S.167(2) CrPC): police must file chargesheet within 60 days (offences triable by Magistrate) or 90 days (Sessions offences: death, life, 10+ years imprisonment) of arrest of accused. If not filed within time, accused gets default bail (statutory bail) as a matter of right. Under NDPS: same 60/90 day rule. Under PMLA: 60 days. Once chargesheet is filed, even incomplete, default bail right is extinguished.

Recovery Statement (S.27 Evidence Act = S.23 BSA 2023) — when a person in police custody gives information leading to discovery of a fact relevant to the offence, that portion of statement is admissible. Only the part that 'distinctly' relates to the discovered fact is admissible — not the whole statement. Discovery must be of something not already known to police. Recovery alone is insufficient for conviction — needs corroboration. Recovery panchnama prepared by IO with witnesses.

Juvenile in Conflict with Law (JCL) — any child below 18 years who has allegedly committed an offence. Governed by Juvenile Justice (Care and Protection of Children) Act 2015. No FIR against JCL — case goes before Juvenile Justice Board (JJB) within 24 hours. For heinous offences by child aged 16-18 years: JJB may conduct preliminary assessment and try as adult or refer to Children's Court. Focus: rehabilitation, not punishment. No detention in adult jail. Probation and reform homes preferred.

Habitual Offender — person who has previous criminal record or is known to engage repeatedly in criminal activities. History Sheet (HS) — police record maintained in station records about persons classified as dangerous/habitual criminals; contains criminal history, associates, addresses, surveillance notes. Opening of history sheet does not create legal liability but enables police surveillance and preventive action. S.110 CrPC / S.129 BNSS: security bond from habitual offenders. Previous conviction relevant in sentencing and bail.

Prevention of Corruption Act 1988 — Bribe Trap Procedure: (1) Complainant reports bribe demand to ACB/Vigilance/CBI. (2) Pre-trap mahazar at agency office — notes numbered, photographed, signed, phenolphthalein powder applied. (3) Complainant meets accused with notes. (4) Demand repeated and notes accepted/exchanged. (5) Complainant gives signal. (6) Raiding party arrests accused. (7) Sodium carbonate solution test on hands (turns pink). (8) Post-trap mahazar. Sanction for prosecution mandatory (S.19 PC Act). No direct police FIR — agency must file challan.

Missing Person Report — when person goes missing, complaint filed at police station. If missing person is: child, mentally challenged, or circumstances suggest foul play — mandatory FIR registration. For adults without suspicious circumstances: GD/DD entry, then investigation. Untraced Report (UR) — filed by police when accused in an offence cannot be traced despite investigation; case stays open for 2-3 years. Court may take cognizance from UR if evidence is sufficient. CHILDLINE 1098 for missing children; portal: trackthemissingchild.gov.in.

'The law does not concern itself with trifles.' Courts will not entertain claims that are too trivial, insignificant, or minor to merit judicial attention. Applied in dismissing technically valid but practically worthless claims. Also reflected in S.95 IPC/S.15 BNS (act not intended or likely to cause harm of trivial nature). Counterpart: even minor rights violations should not be ignored if principle is important.

'No one is bound to accuse himself.' Right against self-incrimination enshrined in Article 20(3) of Constitution: no accused person shall be compelled to be a witness against himself. Extends to: refusing to answer incriminating questions, not producing self-incriminating documents. Does NOT extend to physical samples: blood, voice samples, DNA, fingerprints, footprints — these are not 'testimonial compulsion' (Kathi Kalu Oghad 1962 SC). Narco-analysis: suspect cannot be forced.

'A personal action dies with the person.' Personal tort actions (defamation, assault, personal injury) are extinguished on death of either party. Exceptions in India: (i) Motor Vehicles Act — compensation claim survives death of claimant, heirs can pursue. (ii) Fatal Accidents Act — heirs can sue for compensation for death caused by negligence. (iii) Contract claims generally survive death. Property-related suits survive death and are pursued by legal heirs/representatives.

Ex Post Facto — 'After the fact.' Ex Post Facto Law: legislation that criminalizes conduct that was legal when done, increases punishment for past acts, or disadvantages person retroactively. Prohibited by Article 20(1) of Constitution of India: 'No person shall be convicted of any offence except for violation of law in force at the time of commission.' Procedural laws (limitation, evidence, procedure) can be applied retrospectively. Only substantive criminal law cannot be applied retroactively.

De Facto — 'In fact' — situation that exists in reality regardless of whether it has legal recognition. De Jure — 'In law' — situation recognized and authorized by law. Examples in Indian law: De facto guardian (person acting as guardian without legal appointment) vs de jure guardian (natural guardian under law). De facto director vs de jure director. De facto government (in effective control) vs de jure government (legally recognized). Courts may recognize de facto positions for specific purposes.

'A new intervening act.' In tort law, an independent act or event that breaks the chain of causation between defendant's negligence and plaintiff's damage, thereby relieving the defendant of liability for subsequent consequences. The intervening act must be: unforeseeable, independent, and the effective cause of the fresh harm. Example: A negligently injures B; ambulance driver negligently causes further injury — ambulance driver's act may be novus actus, breaking chain from A. Foreseeable intervening acts do not break the chain.

'Of the utmost good faith.' Certain contracts require absolute and utmost good faith — complete disclosure of all material facts — from both parties. Concealment or misrepresentation vitiates the contract. Applies to: insurance contracts (Insurance Act 1938 S.45 — non-disclosure makes policy voidable), fiduciary relationships, partnership, suretyship. Insurance contracts: duty to disclose all material facts at inception. Non-disclosure, even innocent, vitiates the policy from inception.

'A later law repeals an earlier one on the same subject.' When two statutes are inconsistent, the later enactment prevails over the earlier one. Basis of this maxim: Parliament is presumed to know existing law; later expression of will prevails. Exception: if later Act is general and earlier is special — Generalia Specialibus Non Derogant applies — special law prevails over general law even if later. Also: specific provision in same Act overrides general provision.

In Camera — 'In the chamber.' Proceedings conducted in private, not open to the public or press. Mandatory in India for: rape and sexual assault cases (S.364 BNSS = S.327 CrPC), POCSO cases, matrimonial matters in some HCs, cases involving minors, and sensitive national security matters. Judgment may still be published (with anonymization). Purpose: protect dignity of victim/witness, enable frank testimony, prevent trauma. Violation: contempt of court.

'The welfare of the people is the supreme law.' Public good overrides individual interest. Justifies reasonable restrictions on fundamental rights (Articles 19(2)-(6)). Used to uphold: compulsory acquisition for public purpose (Article 31A), public health measures (quarantine, lockdowns during COVID), environment protection laws, essential services, licensing of trade. Courts apply this principle in balancing individual rights vs public interest in judicial review of legislative and executive action.

'The court knows the law.' Parties are required to plead and prove facts only — law applicable to those facts will be determined by the court itself, even if not specifically pleaded or cited by parties. Courts can apply correct legal provisions even if advocates have cited wrong sections. Exception: foreign law must be pleaded and proved as a fact. Customary law and usage must also be pleaded and proved. General principle: presumption that court knows domestic law.

'Fraud unravels everything.' A transaction, contract, or legal proceeding vitiated by fraud is void or voidable — fraud taints and invalidates all acts done under it. A decree or judgment obtained by fraud is a nullity and can be set aside even after it becomes final (S.P. Chengalvaraya Naidu v. Jagannath 1994 SC). Fraud on the court: vitiates proceedings entirely. No limitation period for challenging transaction based on fraud — limitation runs from discovery of fraud.

An accused person who has been arrested and is held either in police custody (up to 15 days under judicial order) or judicial custody (remanded to jail). Police custody is for investigation; judicial custody is for safe-keeping pending trial. Court can direct either on remand application.

Surety bond — a third party (surety) guarantees the accused's appearance in court by pledging property or cash. Personal recognizance (PR) bond — accused personally undertakes to appear without surety. PR bonds usually granted for minor offences or first offenders. Surety forfeiture proceedings under S.446 CrPC/S.492 BNSS if accused absconds.

When an accused is arrested in one state for an offence registered in another state, the arresting police obtains transit remand from local magistrate to transport the accused to the state where the case is registered. Duration is usually 1-3 days sufficient for transit. Production warrant is another method.

A person who has been previously convicted and commits another offence. Courts consider previous criminal record as aggravating factor for sentencing. Habitual Offenders Acts in various states allow preventive detention. Previous convictions affect bail, sentencing, and parole decisions significantly.

When an accused voluntarily admits guilt to the charged offence in court. Under S.241 CrPC/S.263 BNSS — magistrate must be satisfied plea is voluntary before convicting. Different from plea bargaining (S.265A CrPC). Courts are cautious — a guilty plea must be unambiguous and voluntary. Accused can be convicted on plea alone.

Withdrawal of a previously made confession by the accused, usually alleging it was made under duress, coercion or inducement. Retracted confessions can still be used as evidence but require corroboration. Courts examine reasons for retraction carefully. Confession to police officer is inadmissible under S.25 Evidence Act/S.23 BSA regardless.

A confession made by the accused to a private person (not a police officer or magistrate) outside court. Admissible as evidence under Evidence Act/BSA but viewed with caution — requires corroboration. Often made to relatives, friends or neighbours. Weak form of evidence — conviction solely on extra-judicial confession rare.

Statement made by a person who believes death is imminent, regarding the cause of their death or circumstances. Under S.32(1) Evidence Act/S.26 BSA — admissible even without cross-examination. "Nemo moriturus praesumitur mentiri" — a dying person is presumed not to lie. Can be sole basis for conviction if found reliable. Must be voluntary and conscious.

Evidence based on scientific examination — DNA profiling, fingerprint analysis, ballistic reports, FSL (Forensic Science Laboratory) reports, chemical analysis, handwriting/document examination. Expert testimony required to explain scientific findings. Under BNSS 2023 — forensic investigation mandatory for offences punishable with 7+ years. FSL report is a crucial document.

Legal defence claiming the accused was elsewhere at the time of the offence and could not have committed it. Under S.11 Evidence Act/S.9 BSA — facts inconsistent with the fact in issue are relevant. Burden to prove alibi is on accused (preponderance of probability). Once alibi is established, prosecution must disprove it beyond reasonable doubt.

A complaint filed directly before a Magistrate by a private person (not through police). Magistrate examines the complainant on oath before taking cognizance. If prima facie case made out — magistrate issues process (summons/warrant). Used when police refuses to register FIR or for offences where direct complaint is preferred (e.g., cheque bounce, defamation).

After examining complaint or chargesheet, if magistrate finds prima facie case, passes an order taking cognizance and issues summons/warrant to accused to appear. This is the formal starting point of trial. Summoning order can be challenged under S.482 CrPC/S.528 BNSS. Grounds: no prima facie case, lack of jurisdiction, time-barred complaint.

Examination-in-Chief (EIC) — questioning of a witness by the party who called them. Leading questions not allowed. Cross-examination — questioning by the opposing party to test credibility and contradict. Leading questions allowed. Re-examination — clarification by calling party after cross. Under Order 18 CPC — witnesses now file affidavit as EIC; cross-examination in open court.

A person appointed by court under Order 26 CPC to inspect property, examine documents, conduct local investigation, or perform scientific investigation. Advocate Commissioner — an advocate appointed to inspect disputed property, prepare site map, note possession status. Commissioner's report is evidence but not conclusive — parties can object. Commonly used in property, partition, and possession disputes.

A decree passed against a party who fails to appear in court despite service of summons. Under Order 9 Rule 6 CPC — if defendant absent on date of hearing, court may proceed ex parte. The absent party can apply under Order 9 Rule 13 CPC to set aside ex parte decree within 30 days of knowledge, showing sufficient cause for absence.

Application to set aside an ex parte decree under Order 9 Rule 13 CPC. Must be filed within 30 days of decree (plus condonation of delay). Applicant must show: (a) summons not duly served, OR (b) sufficient cause for non-appearance. If decree set aside — suit restored for fresh hearing. No appeal lies against ex parte decree without first applying under O.9 R.13.

Recall of witness — court may allow a witness to be recalled for further examination if interests of justice require. Recall of order — courts can recall their own orders to correct clerical errors or mistakes under inherent powers. Distinct from review (which challenges correctness). Recall application must show specific reason why recall is necessary.

Court can reject a plaint at the threshold under Order 7 Rule 11 CPC if: (a) no cause of action disclosed, (b) claim undervalued and not corrected, (c) suit barred by law (limitation, res judicata), (d) suit filed in wrong court. Rejection is not dismissal of suit on merits — it is preliminary rejection. Plaintiff can file fresh suit if not time-barred.

A civil suit to divide jointly held property among co-owners or co-sharers. Filed by any co-sharer demanding their specific share. Court first determines shares (preliminary decree), then effects partition (final decree) either by physical division or sale and distribution of proceeds. Limitation: 12 years from denial of right to partition. Common in family property disputes.

A final injunction granted after full trial permanently restraining a party from doing or continuing an act. Under S.38 Specific Relief Act — granted when: (a) defendant's act is a breach of obligation, (b) damages inadequate, (c) injunction necessary to prevent multiplicity of proceedings. Different from temporary injunction (interim relief pending trial).

Latin — "the state of things as they were before." A court order directing restoration of the position as it existed before a particular act or event. Different from status quo (maintain current position) — status quo ante requires reversal to a prior state. Granted when harm has already occurred and needs undoing pending final decision.

An urgent temporary order passed by court without hearing the opposite party (ex parte), to preserve the situation until the interlocutory application is heard on merits with notice to all parties. Usually granted on urgency for a short period — court then issues notice and hears both sides before deciding whether to continue the order.

Special costs awarded under S.35A CPC against a party who raises false or vexatious claims or defences. Court may award up to ₹3,000 (original limit, enhanced by courts) as compensatory costs. Different from ordinary costs (S.35 CPC). Awarded to discourage frivolous litigation and compensate the innocent party for unnecessary expenses incurred.

A registered document transferring right to enjoy immovable property for a fixed time in exchange for rent/premium. Leases exceeding 1 year must be registered under Registration Act. Key terms: lessor (landlord), lessee (tenant), lease period, rent, renewal, termination. Delhi Rent Control Act applies to certain residential/commercial properties in Delhi limiting eviction grounds.

A permission to occupy property for a limited period without creating tenancy rights. Unlike lease — no interest in property created, easier termination, not governed by Rent Control Acts. Usually 11 months to avoid registration (leases above 1 year need registration). Widely used for residential rentals to avoid creation of tenancy rights and Delhi Rent Control Act applicability.

A document by which a co-owner/co-sharer voluntarily gives up their share in jointly held property in favour of another co-owner. Must be registered. Relinquishment deed — used in family property settlements to avoid partition suits. Stamp duty applicable. If consideration is paid — it becomes a sale deed. Between family members — nominal consideration often used.

Partition deed — registered document effecting division of jointly held property among co-owners. Family settlement — an agreement among family members to settle disputes regarding property, maintenance, marriage etc. Family settlements not always required to be registered if they merely record existing rights. Partition deeds require registration and stamp duty. Both are preferred over litigation.

Minimum property valuation fixed by state government (Delhi — set by Revenue Department/DDA) for calculation of stamp duty and registration charges. Stamp duty is payable on actual sale price OR circle rate, whichever is higher. Circle rates vary by locality, type of property (residential/commercial), and floor. Updated periodically. Undervaluation to evade stamp duty is punishable.

An arrangement where both parents share custody of a child after separation/divorce. Can be joint physical custody (child lives with both alternately) or joint legal custody (both share decision-making). Indian courts increasingly award joint custody — child's welfare is paramount. Requires cooperation between parents. Courts specify detailed schedules for holidays, vacations, and routine days.

The right of the non-custodial parent (or grandparent) to spend time with the child. Courts specify frequency, duration, and conditions of access — supervised or unsupervised. Denial of access by custodial parent is contempt of court. Access can be modified if child's welfare requires. Video calling access orders increasingly common in modern family courts.

Financial support payable by non-custodial parent for child's education, health, and general welfare. Under S.125 CrPC/S.144 BNSS — magistrate can order maintenance for minor children. Also under Hindu Marriage Act, PWDVA. Quantum based on parent's income, child's needs, standard of living. Continues until child becomes major (18 years) or longer for disabled children.

A situation where one parent systematically turns a child against the other parent through manipulation, false allegations, or undue influence. Indian courts recognise parental alienation as harmful to child's welfare. Courts can shift custody if alienating parent is found to be poisoning child's mind against the other parent. Best interests of child remain paramount.

A guardian appointed by a parent through their Will to take care of a minor child after the parent's death. Under Hindu Minority and Guardianship Act — father can appoint testamentary guardian; mother can appoint if she is surviving guardian. Such appointment takes effect on parent's death if child is minor. Court can override if testamentary guardian is unfit or against child's welfare.

A registered document evidencing adoption under Hindu Adoptions and Maintenance Act 1956. Not mandatory but strongly advisable — creates proof of adoption for property, succession, and identity purposes. Must be signed by both giving and taking parents. Registered deed creates presumption of valid adoption under S.16 HAMA. Adoption without deed is valid but difficult to prove.

Part IV of Constitution (Articles 36-51) — guidelines for the State in governance and policy-making. Not enforceable by courts (non-justiciable) unlike Fundamental Rights, but fundamental in governance. Include equal pay, free legal aid, living wage, uniform civil code, protection of environment. Courts increasingly read DPSPs alongside FRs to expand rights — e.g., right to livelihood under Article 21.

Declared a fundamental right under Article 21 by a 9-judge constitutional bench in K.S. Puttaswamy v. Union of India (2017). Encompasses informational privacy, bodily integrity, decisional autonomy. Not absolute — state can restrict on grounds of national security, public order, prevention of crime. Basis for challenges to Aadhaar, surveillance, data collection, and sexual orientation rights.

High Court has superintendence over all courts and tribunals in its territorial jurisdiction. Under Article 227 — HC can call for records, examine proceedings, correct jurisdictional errors, and ensure courts act within their jurisdiction. Broader than Article 226 (writ jurisdiction) — can interfere even where no writ lies. Used to correct grave injustice, jurisdictional errors, and perverse orders.

An administrative law doctrine — where a public authority makes a promise or follows a consistent practice, the person affected has a legitimate expectation that the promise will be kept or practice continued. Court may enforce this expectation or require the authority to give reasons and opportunity before departing. Basis for many service law and contract challenges against government.

Judicial review principle — the penalty/action taken by authority must be proportionate to the gravity of the wrongdoing. A dismissal for minor misconduct may be disproportionate. Courts can interfere if punishment is shockingly disproportionate even if technically within power. Applies to administrative penalties, service law dismissals, and restrictions on fundamental rights.

The tendency of courts, especially the Supreme Court and High Courts, to go beyond strict interpretation of law to protect rights and ensure justice — particularly through PIL jurisdiction. Courts have used judicial activism to issue guidelines (Vishaka on sexual harassment), protect environment, ensure free and fair elections, and expand Article 21. Contrasted with judicial restraint. Criticism: courts encroaching on executive/legislative domain.

The degree of certainty required to establish a fact in court. Criminal cases — prosecution must prove beyond reasonable doubt (very high standard). Civil cases — preponderance of probabilities (more likely than not — balance of probabilities). Some civil matters (fraud, quasi-criminal) require higher standard. The standard never shifts — only burden of proof may shift depending on facts.

The standard of proof in civil cases — the party must show that their version is more probable than not (51% probability sufficient). Much lower than criminal standard (beyond reasonable doubt). Applied in civil suits, maintenance proceedings, matrimonial cases, consumer disputes. Even in criminal trials — accused only needs to discharge burden of proof to the standard of preponderance of probabilities.

A legal presumption that stands unless disproved by contrary evidence. Examples: S.139 NI Act — holder of cheque presumed to have given consideration (accused must rebut); S.113A Evidence Act/S.117 BSA — if suicide within 7 years of marriage, husband presumed to have abetted (accused must rebut); S.29 POCSO — accused presumed guilty once basic facts proved. Shifts burden of proof to the presumed-against party.

A presumption that cannot be rebutted by any evidence to the contrary — the court must treat the fact as proved regardless. Examples under Evidence Act/BSA: S.41 — final judgment of court is conclusive; S.112 Evidence Act/S.107 BSA — child born during valid marriage is conclusively presumed to be legitimate (cannot be rebutted even by DNA evidence per some HC judgments). Very narrow category — distinguished from rebuttable presumptions.

Under Evidence Act/BSA — only relevant facts are admissible. A fact is relevant if it is logically connected to the fact in issue or comes within any of Sections 6-55 of Evidence Act (Sections 4-47 BSA). Relevancy ≠ admissibility — a relevant fact may still be inadmissible (e.g., privileged communication). Test: does the fact make the fact in issue more or less probable? Two-step test: relevancy first, then admissibility.

A statement made out of court, offered to prove the truth of its content. Generally inadmissible as it cannot be tested by cross-examination. Indian law — hearsay not specifically excluded as a rule unlike common law but relevancy sections effectively limit it. Exceptions: dying declaration (S.32/S.26 BSA), statements in public documents, admissions, confessions. Oral hearsay carries little weight.

Evidence consisting of documents — written, printed, electronic. Under Evidence Act/BSA — documents proved by: (a) primary evidence (original document), (b) secondary evidence (copy — allowed when original lost, in possession of adverse party, etc.). Electronic records treated as documents — electronic evidence requires certificate under S.65B Evidence Act/S.63 BSA for admissibility. Proved by examining the maker or through admission.

Evidence of the contents of a document other than the original — certified copies, copies made from originals, counterparts, oral accounts of contents. Admissible only in circumstances specified under S.65 Evidence Act/S.60 BSA — when: original lost, original in possession of adverse party and notice given, original is a public document, production of original impracticable. Court must give notice before relying on secondary evidence.

Evidence that is directly probative of the main fact in issue and can independently form the basis of a finding. Contrasted with corroborative evidence (which only supports other evidence) and formal/procedural evidence. Examples: eyewitness testimony, documentary proof, scientific evidence. Previous statements under S.157 Evidence Act — only corroborative, not substantive. Conviction must be based on substantive evidence.

The point in time when the right to sue first arises — when all essential elements of the cause of action are present. Limitation period runs from date of accrual. Continuing cause of action — each breach gives fresh cause. For contracts — accrues on breach. For torts — on damage. For recovery of money — when payment falls due and refused. Crucial for limitation calculations — wrong accrual date = suit dismissed.

The power of a higher court to hear appeals from decisions of lower courts or tribunals. Appellate court examines legality, correctness of findings, and application of law. Does not conduct fresh trial — reviews record. Sessions Court hears appeals from Magistrate Courts; High Court hears appeals from Sessions Court; Supreme Court hears appeals from High Courts. Appellate court can confirm, reverse, modify, or remand.

Saving clause preserving the inherent powers of civil courts to make orders necessary to prevent abuse of process or to secure ends of justice — even where CPC has no specific provision. Courts use S.151 to: recall erroneous orders, restore struck off matters, prevent multiplicity of proceedings, grant urgent ad interim relief, correct clerical mistakes. Not to be used where CPC specifically bars or provides an alternate remedy.

Court fee — statutory fee paid on plaints, appeals, applications under Court Fees Act 1870. Ad valorem for money suits (percentage of claim); fixed fee for other suits. Delhi High Court, district courts have different fee schedules. Advocate Commissioner fee — amount fixed by court for commissioner's inspection work — paid by applicant but recoverable as costs. Non-payment of court fee can result in rejection of plaint.

In India, "advocate" is the correct legal term — governed by the Advocates Act 1961 and Bar Council of India Rules. Only an enrolled advocate can practise law in Indian courts. "Lawyer" is a common/informal term. Advocates are enrolled with State Bar Councils. Senior Advocates are designated by Supreme Court or High Court. An advocate owes duty to court, client, profession, and society.

These terms are from English/American legal systems — not used in India post-Advocates Act 1961. In England — Barrister: courtroom advocate (called to Bar); Solicitor: office lawyer who advises clients and instructs barristers. In USA — Attorney-at-Law: both advisory and courtroom lawyer. In India, all merged into "Advocate" — no distinction between courtroom and advisory lawyers. "Attorney General" in India is constitutional post — government's chief law officer before Supreme Court.

An advocate designated as "Senior Advocate" by the Supreme Court or High Court based on ability, standing at the Bar, and special knowledge. Under Advocates Act S.16 and BCI Rules — Senior Advocates cannot directly interact with clients or file pleadings — they are briefed by junior advocates/solicitors. Cannot appear without a briefing advocate. Designation is an honour — "Senior" argued before court in robes with a band.

A broader term encompassing all persons entitled to practise law — advocates, vakils, pleaders, mukhtars, revenue agents (under pre-1961 system). Under Advocates Act 1961 — only enrolled advocates can practise before courts. "Legal practitioner" still used in some older statutes and forms. BCI regulates all legal practitioners in India. Unauthorised practice of law is an offence.

Law Clerk — a young lawyer appointed to assist judges in research, drafting, and case analysis. Supreme Court Judges, High Court Judges have law clerks. Court Clerk (Reader/Ahlmad) — court staff who maintains records, calls cases, manages cause lists, and administrative work of the court. Ahlmad — court official who manages court files. Naib Court — process server/peon. These are distinct from practising advocates.

Commissioner of Oaths — appointed by High Court to administer oaths and attest affidavits filed in court. Oath Commissioner — appointed under Oaths Act for affidavits to be used in courts. Notary Public — appointed under Notaries Act 1952 by Central/State Government — authenticates documents, attests copies, administers oaths for general (non-court) use. Affidavits for court use need Commissioner of Oaths; for general purposes, notary suffices.

A neutral third party who assists disputing parties to reach a mutually acceptable settlement — under Part III of Arbitration and Conciliation Act 1996. Unlike mediator (who is entirely passive) — conciliator actively suggests settlement terms. Conciliation settlement agreement is final and binding like an arbitral award. Court may refer parties to conciliation. Used in commercial, labour, matrimonial, and consumer disputes.

A lawyer appointed by the government (State/Central) to conduct criminal prosecutions on behalf of the State in courts. Public Prosecutor (PP) — appears before Sessions Court and above. Assistant Public Prosecutor (APP) — appears before Magistrate Courts. Under S.24 CrPC/S.18 BNSS — appointed by government from advocates of 7+ years standing. PP represents State in all criminal matters — bail hearings, trials, appeals. Not the complainant's personal lawyer.

Government Pleader — appointed under Order 27 CPC to represent government in civil suits. Standing Counsel — appointed by Central/State Government to represent them in civil matters before High Courts and Supreme Court. Solicitor General (SG) and Additional Solicitor General (ASG) — appear for Union of India before Supreme Court. Advocate General — represents State government before High Court. All are briefed by government departments.

A person or organisation who is not an original party to a proceeding but seeks to participate because they have a legal interest in the outcome. Files an application for intervention/impleadment. Court has discretion to allow intervention if the intervenor has direct legal interest and their participation would assist the court. Common in PIL cases, constitutional matters, and cases affecting a class of persons.

A party who appears before the court without an advocate, representing themselves. Indian courts permit this — every person has the right to conduct their own case. Courts are generally more patient with unrepresented litigants. Pro se litigants must follow same procedural rules as lawyers. Courts sometimes appoint amicus curiae to assist in complex cases where party appears in person. Supreme Court has a legal aid scheme for such parties.

A person authorised under a Power of Attorney (GPA/SPA) to act on behalf of another (principal) in legal, financial, or property matters. In civil suits — holder can file, sign pleadings, and give evidence on behalf of principal (Order 3 Rule 1 CPC). However, POA holder cannot appear as an advocate unless they are an enrolled advocate. GPA (General) — broad powers; SPA (Special) — specific transactions. POA must be registered for immovable property transactions.