Legal words, explained simply
All terms
Absolute Liability — సంపూర్ణ బాధ్యత
Absolute liability is the stricter Indian doctrine laid down in M.C. Mehta v. Union of India (1987) for hazardous or inherently dangerous industries. Unlike strict liability , it a
Act of God — దైవఘటన
An act of God (vis major) is a species of inevitable accident caused specifically by the operation of natural forces, without any human intervention, and so extraordinary that no r
Act of State — రాజ్య చర్య
An act of state, in tort law's technical sense, is an act done by a sovereign government in its dealings with another state or with the subjects of another state — being a matter o
Assault — దాడి బెదిరింపు
Assault is an act of the defendant that causes the plaintiff a reasonable apprehension of the infliction of imminent unlawful force on their person — it is complete the moment that
Battery — భౌతిక దాడి
Battery is the actual application of unlawful force, however slight, to the person of another, without lawful justification — unlike assault , it requires no prior apprehension in
Central Consumer Protection Authority (CCPA) — కేంద్ర వినియోగదారుల రక్షణ ప్రాధికార సంస్థ
A regulatory body established under the Consumer Protection Act, 2019 to protect consumers as a class — it can investigate suo motu, order product recalls, and act against misleadi
Claims Tribunal — క్లెయిమ్స్ ట్రిబ్యునల్
A Claims Tribunal is a special forum constituted by a State Government under Section 165 of the Motor Vehicles Act, 1988, to adjudicate compensation claims for death, injury, or pr
Consortium — దాంపత్య సాంగత్య హక్కు
Consortium is a spouse's right to the companionship, society, affection, and services of the other spouse — historically the basis of a distinct tort action for "loss of consortium
Conspiracy (Tort of) — కుట్ర (టార్ట్)
The tort of conspiracy is an agreement between two or more persons to injure the claimant, actionable either where unlawful means are used, or — even with entirely lawful means — w
Consumer — వినియోగదారుడు
A consumer is any person who buys goods or hires/avails a service for consideration , for personal use — not for resale or commercial purpose, except goods bought exclusively to ea
Consumerism — వినియోగదారు ఉద్యమం
The organised social and political movement asserting that consumer s, as a class, are entitled to protection against unfair, deceptive, or unsafe business practices — the pressure
Continuous Cause of Action — నిరంతర దావా కారణం
Where a wrong is an ongoing state of affairs rather than a single event, a fresh cause of action arises for as long as the wrong continues, rather than the limitation clock startin
Contributory Negligence — సహకార నిర్లక్ష్యం
Contributory negligence is a lack of reasonable care by the plaintiff for their own safety that contributes to the harm they suffer — today it reduces the damages the defendant mus
Conversion — పరివర్తన (కన్వర్షన్)
Conversion is dealing with another's goods in a manner inconsistent with their rights, so seriously as to amount to a denial of that right — through wrongful taking, detention, sal
Course of Employment — ఉద్యోగ కాలవ్యవధి
An act falls within the course of employment if it is expressly or impliedly authorised by the employer, or is merely a wrongful or unauthorised mode of doing an act that was itsel
Deep Pocket Theory — డీప్ పాకెట్ సిద్ధాంతం
Deep pocket theory (also called the enterprise-liability principle) holds that the compensation payable by an enterprise under absolute liability must be correlated to the magnitud
Defamation — పరువునష్టం
Defamation is the publication of a false statement about a person that lowers them in the estimation of right-thinking members of society — the umbrella tort covering both libel (w
Defect in Goods — వస్తువులలో లోపం
A defect is any fault, imperfection, or shortcoming in a product's quality, quantity, potency, purity, or standard, measured against a legal requirement, a contract ual promise, or
Deficiency in Service — సేవలో లోపం
Deficiency is any fault, imperfection, shortcoming, or inadequacy in the quality or performance of a service, expressly including negligence and deliberate withholding of relevant
Detinue — డిటిన్యూ
Detinue is the wrongful detention of another's goods after a proper demand for their return, where the remedy sought is specifically the return of the goods themselves, not merely
District Consumer Disputes Redressal Commission — జిల్లా వినియోగదారుల వివాద పరిష్కార కమిషన్
The first, entry-level tier of the three-tier redressal mechanism, hearing consumer complaints where the value of goods or services paid as consideration does not exceed fifty lakh
Doctrine of Common Employment — ఉమ్మడి ఉద్యోగ సిద్ధాంత
The doctrine of common employment was an old common-law defence under which an employer was not liable to one employee for injury caused by a fellow employee's negligence , if both
Duty of Care — శ్రద్ధ వహించవలసిన బాధ్యత
A duty of care is the legal obligation to take reasonable care to avoid acts or omissions that could reasonably be foreseen to injure a person closely and directly affected by them
False Imprisonment — అక్రమ నిర్బంధం
False imprisonment is the total restraint of a person's liberty, without lawful justification, for however short a time — a partial obstruction of one route, while a reasonable alt
Inevitable Accident — తప్పించుకోలేని ప్రమాదం
An inevitable accident is an occurrence that could not have been avoided or foreseen despite the exercise of ordinary care, caution, and skill by the defendant. If harm results fro
Injurious Falsehood — హానికరమైన అసత్యం
Injurious falsehood (also called malicious falsehood) is a false statement made maliciously about a claimant's goods, business, or property that causes them financial loss — it pro
Interim Injunction — మధ్యంతర నిషేధాజ్ఞ
An interim (or interlocutory) injunction is a temporary judicial order restraining a party from doing a particular act until the suit is finally decided, granted to preserve the st
Joint Tortfeasors — ఉమ్మడి అపకారులు
Joint tortfeasors are two or more persons who act in concert, pursuant to a common design, to commit a single wrongful act — each is liable for the entire harm, including the part
Libel — లిఖిత పరువునష్టం
Libel is defamation in a permanent, visible form — typically writing, print, pictures, or broadcast — and, unlike slander , it is actionable per se: the plaintiff need not prove an
Malfeasance — స్వాభావిక చట్టవిరుద్ధ చర్య
Malfeasance is the commission of an act that is inherently unlawful — doing something the law simply does not permit, regardless of how carefully or improperly it is carried out. I
Malicious Prosecution — దురుద్దేశపూర్వక ప్రాసిక్యూషన్
Malicious prosecution is a tort committed by instituting unsuccessful criminal (or certain civil) proceedings against another, maliciously and without reasonable and probable cause
Mediation (Consumer Protection Act) — మధ్యవర్తిత్వం
A voluntary, statutory alternative to a full contested hearing, under which a Commission-empanelled mediator helps both parties negotiate a settlement, requiring the consent of bot
Misfeasance — సరికాని చట్టబద్ధ చర్య
Misfeasance is the improper or negligent performance of an act that is itself lawful. The act was permitted, even expected, but it was carried out carelessly, causing harm as a res
National Consumer Disputes Redressal Commission — జాతీయ వినియోగదారుల వివాద పరిష్కార కమిషన్
The apex tier of the redressal mechanism, established by the Central Government, hearing complaints where consideration paid exceeds two crore rupees and appeals from the State Com
Negligence — నిర్లక్ష్యం
Negligence is the breach of a legal duty to take reasonable care, resulting in damage to the plaintiff. Unlike trespass, it is not actionable per se — the plaintiff must prove duty
Negligent Misstatement — నిర్లక్ష్యపూరిత తప్పు ప్రకటన
A negligent misstatement is a false statement made carelessly, not fraud ulently, by a person who owes a duty of care to the recipient because of a special relationship between the
Nervous Shock — నాడీ ఆఘాతం
Nervous shock is a psychiatric or nervous injury caused without any physical impact, whether by a defendant's intentional conduct or by negligence , once it produces a recognisable
Next Friend — నెక్స్ట్ ఫ్రెండ్
A next friend is an adult (typically a parent or guardian) who brings or defends a lawsuit on behalf of a minor or a person of unsound mind, since such persons cannot sue in their
No-Fault Liability — తప్పు-రహిత బాధ్యత
No-fault liability, under Section 164 of the Motor Vehicles Act, 1988, requires the owner/insurer to pay a fixed compensation (5 lakh rupees for death, 2.5 lakh rupees for grievous
Non-Delegable Duty — బదిలీ చేయలేని బాధ్యత
A non-delegable duty is a legal duty so significant that the person who owes it cannot escape responsibility for its proper performance merely by handing the actual work over to an
Nonfeasance — విధి నిర్వహణలో వైఫల్యం
Nonfeasance is the failure to perform an act that one was obligated to perform — a pure omission rather than an action. Liability for nonfeasance typically requires a pre-existing
Occupier's Liability — ఆక్యుపైర్ బాధ్యత
Occupier's liability is the duty owed by whoever has control over premises — whether or not they also own the property — to take reasonable care to ensure the premises are reasonab
Passing Off — పాసింగ్ ఆఫ్
Passing off is the common law tort that protects a trader's business goodwill from a misrepresentation that causes the public to confuse the defendant's goods, services, or busines
Private Nuisance — ప్రైవేట్ న్యూసెన్స్
Private nuisance is an unlawful interference with a particular individual's use or enjoyment of their own land, actionable by that individual alone, requiring substantial and unrea
Product Liability — ఉత్పత్తి బాధ్యత
The responsibility of a manufacturer, seller, or service provider to compensate for harm caused by a defective product — now given its own dedicated statutory chapter under the Con
Remoteness of Damage — నష్టం దూరత్వ సిద్ధాంతం
Remoteness of damage is the doctrine that limits a defendant's liability to consequences of their wrongful act that are not too remote — under the modern test, the damage must be o
Restrictive Trade Practice — నియంత్రణాత్మక వాణిజ్య పద్ధతి
A trade practice that manipulates price, delivery conditions, or supply flow — imposing unjustified cost or restriction on consumer s, including unjustified delay to raise prices a
Right of Contribution — వాటా చెల్లింపు హక్కు
The right of contribution allows a tortfeasor who has been compelled to pay the entire amount of damages to the victim to recover a proportionate share back from the other tortfeas
Slander — మౌఖిక పరువునష్టం
Slander is defamation in a transient, spoken form — words or gestures that are not recorded — and, unlike libel , it generally requires the plaintiff to prove actual special damage
Sovereign Immunity — సార్వభౌమ రోగనిరోధకత
Sovereign immunity is the doctrine that the State cannot be sued in tort for acts done in its sovereign capacity — functions only a government can perform, like defence or law-maki
State Consumer Disputes Redressal Commission — రాష్ట్ర వినియోగదారుల వివాద పరిష్కార కమిషన్
The middle tier of the redressal mechanism, hearing complaints where consideration paid exceeds fifty lakh rupees but does not exceed two crore rupees, and appeals from the Distric
Strict Liability — కఠిన బాధ్యత
Strict liability is the common law rule, from Rylands v. Fletcher, that a person who brings something dangerous onto their land and it escapes, causing damage, is liable regardless
Tort — టార్ట్
A tort is a civil wrong, other than a breach of contract or breach of trust, for which the law provides a remedy in the form of unliquidated damages . It arises from the breach of
Tortfeasor — టార్ట్‌ఫీజర్
A tortfeasor is the person who commits a tort — the wrongdoer against whom the injured party (the plaintiff) brings a civil suit for damages. When two or more people jointly commit
Trespass to Land — భూమిపై అనధికార ప్రవేశం
Trespass to land is a direct, unlawful interference with a person's possession of land, actionable per se — the plaintiff need not prove any actual damage, however slight the intru
Unfair Trade Practice — అనుచిత వాణిజ్య పద్ధతి
A trade practice that uses deceptive or dishonest methods to promote the sale of goods or services — false claims, false guarantees, or disclosing a consumer 's confidential inform
Unliquidated Damages — అపరిమిత నష్టపరిహారం
Unliquidated damages are compensation whose amount is not fixed in advance by agreement — unlike, say, a penalty clause in a contract . Instead, the court assesses the amount based
Vicarious Liability — ప్రత్యామ్నాయ బాధ్యత
Vicarious liability is liability imposed on one person for the tort of another, without any personal fault on the part of the person held liable — it arises purely from a recognise
Acceptance — అక్సెప్టెన్స్
When the person a proposal was made to agrees to it, without changing any terms — that agreement is called acceptance, and it turns the proposal into a promise. ప్రపోజల్ చేయబడిన వ్
Accord and Satisfaction — అకార్డ్ అండ్ శాటిస్ఫాక్షన్
Accord and satisfaction is the common-law name for a promisee agreeing to accept a different kind of performance in place of what was originally promised, and then that new perform
Anticipatory Breach — యాంటిసిపేటరీ బ్రీచ్
Anticipatory breach happens when a party, before the time fixed for performance arrives, clearly refuses to perform or makes performance impossible through their own conduct. పెర్ఫ
Appropriation of Payments — అప్రొప్రియేషన్ ఆఫ్ పేమెంట్స్
Appropriation of payments is the process of deciding which specific debt a payment is meant to discharge, when a debtor owes the same creditor more than one separate debt. అప్రొప్ర
Bailee — బెయిలీ
A bailee is a person to whom goods are delivered, or who takes goods into custody, for a purpose, on the understanding that they will be returned once that purpose is fulfilled. Se
Cancellation of Instrument — క్యాన్సిలేషన్ ఆఫ్ ఇన్‌స్ట్రుమెంట్
Cancellation of instrument is a remedy under Section 31 of the Specific Relief Act, 1963 that lets a person proactively sue to have a void or voidable written document — a promisso
Contingent Contract — కంటింజెంట్ కాంట్రాక్టు
A contingent contract is a contract to do or not do something if an uncertain event, collateral to the contract, happens or does not happen — its performance depends entirely on th
Declaratory Decree — డిక్లరేటరీ డిక్రీ
A declaratory decree is a court order under Section 34 of the Specific Relief Act, 1963 that simply declares what a person's legal status or right actually is, without ordering any
E-Contract — ఈ-కాంట్రాక్ట్
An e-contract is any contract that is formed, negotiated, or finalised through electronic means rather than on paper — this could be an exchange of emails, clicking "I Agree" on a
Frustration of Contract — ఫ్రస్ట్రేషన్ ఆఫ్ కాంట్రాక్ట్
Frustration of contract is the discharge of a contract by operation of law, when an event after the contract is made — through no fault of either party — makes performance impossib
General Offer — జనరల్ ఆఫర్
A general offer is made to the whole world rather than to any one named person, and the law lets it be accepted simply by anyone performing the specific conditions the offer lays d
Injunction — ఇంజంక్షన్
An injunction is a court order that either stops a party from doing something (prohibitory) or compels a party to actively do or undo something (mandatory), used to prevent a wrong
Invitation to Offer — ఇన్విటేషన్ టు ఆఫర్
An invitation to offer is a signal inviting other people to come forward and make offers of their own — it is deliberately not an offer itself, and the person making it stays free
Liquidated Damages — లిక్విడేటెడ్ డ్యామేజెస్
Liquidated damages is a sum the parties fix in advance, within the contract itself, as the amount payable on breach. Under Section 74, this named sum is not an automatic entitlemen
Mandatory Injunction — నిర్దేశక నిషేధాజ్ఞ
A mandatory injunction, under Section 39 of the Specific Relief Act, 1963, compels a defendant to perform a positive act necessary to prevent the breach of an obligation &8212; unl
Misrepresentation — మిస్‌రిప్రజెంటేషన్
Misrepresentation is a false statement made honestly, without any intention to deceive — the person genuinely believed what they said was true. It still makes the contract vo
Necessaries — నెసెసరీస్
Necessaries are the one situation where the law makes an exception to a minor's blanket incapacity to contract — things genuinely needed for a person's life, judged against t
Nominal Damages — నామినల్ డ్యామేజెస్
Nominal damages are a small, token sum a court awards when a breach of contract is proved but the claimant has suffered no real, quantifiable loss. They exist to formally vindicate
Novation — నోవేషన్
Novation is the substitution of an existing contract with an entirely new one — either between the same parties on new terms, or with a new party altogether — that completely disch
Patent Illegality — పేటెంట్ ఇల్లీగాలిటీ
Patent illegality is a ground for a court to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 — it applies where the illegality is obvious
Postal Rule — పోస్టల్ రూల్
The postal rule says that when acceptance is sent through the post, the proposer becomes bound the very moment the acceptance letter is posted — not when he actually reads it. This
Privity of Consideration — ప్రివిటీ ఆఫ్ కన్సిడరేషన్
Privity of consideration asks a narrower question than privity of contract : can someone who personally gave nothing of value still go to court and enforce a promise made for their
Privity of Contract — ప్రివిటీ ఆఫ్ కాంట్రాక్ట్
Privity of contract is the rule that only the actual parties to a contract have the legal standing to sue on it or be sued under it. A person who was never a party — even someone t
Proposal (Offer) — ప్రపోజల్ (ఆఫర్)
When one person tells another they&39;re willing to do (or not do) something, hoping the other person will agree — that&39;s a proposal, or offer. ఒక వ్యక్తి మరొక వ్యక్తికి తన అంగీ
Quasi-Contract — క్వాసి-కాంట్రాక్టు
A quasi-contract is not a real contract at all — there is no offer, acceptance , or meeting of minds. It is a legal fiction the law creates to prevent one person being unjustly enr
Repudiation — రిపుడియేషన్
Repudiation is a party's clear, unequivocal act or statement showing they will not perform their side of the contract — it is what actually triggers an anticipatory breach . రిపుడి
Rescission — రెసిషన్
Rescission is the parties' mutual agreement to simply cancel a contract , releasing each other from every obligation under it, without replacing it with anything new. రెసిషన్ అంటే
Revocation — రివొకేషన్
Revocation means taking back or cancelling a proposal or an acceptance before the law says it's too late to do so. Once the relevant deadline set by Sections 4 and 5 has passed, re
Specific Performance — స్పెసిఫిక్ పెర్ఫార్మెన్స్
Specific performance is a court order compelling a party to actually carry out the exact promise made in a contract , rather than pay money for failing to do so. Since the 2018 ame
Standard Form Contract — స్టాండర్డ్ ఫారమ్ కాంట్రాక్ట్
A standard form contract, sometimes called a contract of adhesion, is a pre-printed set of terms drawn up entirely by one party — almost always a business with much greater bargain
Substituted Performance — సబ్‌స్టిట్యూటెడ్ పెర్ఫార్మెన్స్
Substituted performance, introduced by Section 20 of the Specific Relief Act, 1963 in 2018, is a self-help remedy that lets a party injured by breach get the contract ed work done
Tender of Performance — టెండర్ ఆఫ్ పెర్ఫార్మెన్స్
Tender of performance is a promisor's genuine, ready offer to do exactly what was promised — made at the proper time, place, and in full — regardless of whether the other side actu
Unconscionable Contract — అన్‌కాన్షనబుల్ కాంట్రాక్ట్
An unconscionable contract is one so extremely one-sided and unfair — typically because one party had overwhelming bargaining power and the other had no real choice but to accept —
Unjust Enrichment — అన్యాయమైన సంపన్నత
Unjust enrichment is the principle that no one should grow rich at another person's expense without paying for it — the Latin maxim nemo debet locupletari ex aliena jactura. It is
Void Agreement — వాయిడ్ అగ్రిమెంట్
An agreement is void when it was never enforceable by law at all, right from the moment it was made — not because something went wrong later, but because it lacked something essent
Void Contract — వాయిడ్ కాంట్రాక్ట్
A void contract started life as a perfectly valid, enforceable contract — but something happened after formation that makes it impossible or unlawful to enforce any longer, so it s
Voidable Contract — వాయిడబుల్ కాంట్రాక్ట్
A voidable contract is one that is fully valid and enforceable by law — but only one party has been given the legal right to cancel it, usually because their consent to enter the c
Wagering Agreement — వేజరింగ్ అగ్రిమెంట్
A wagering agreement is a mutual promise where each side wins or loses purely based on the outcome of an uncertain future event, and neither party has any genuine interest in the o
Advisory Board (Preventive Detention) (సలహా మండలి)
A body of persons qualified to be High Court Judges, whose opinion that "sufficient cause" exists is required under Article 22(4) before a person can be preventively detained beyon
Basic Structure Doctrine (ప్రాథమిక నిర్మాణ సిద్ధాంతం)
The principle, established in Kesavananda Bharati v. State of Kerala (1973), that Parliament's power to amend the Constitution under Article 368 is wide but not unlimited — it cann
Beggar (వెట్టి)
"Beggar" refers to labour or service exacted by a person in a position of power from another, without any payment in return — one of the specific forms of forced labour that Articl
Cabinet Mission Plan — క్యాబినెట్ మిషన్ ప్లాన్
The Cabinet Mission Plan, 1946 was a scheme proposed by a three-member British Cabinet Mission sent to India after the Second World War, meant to work out how power would be transf
Constitutionalism — రాజ్యాంగవాదం
Constitutionalism is the idea that government power must actually be limited by law in practice &8212; through genuine separation of powers, independent courts, and enforceable rig
Creamy Layer (క్రీమీ లేయర్)
A principle from Indra Sawhney v. Union of India (1992) requiring that the socially and economically more advanced members within a backward class be excluded from reservation bene
Cripps Mission — క్రిప్స్ మిషన్
The Cripps Mission, 1942 was a British mission sent to India during the Second World War, in which the British Government, for the first time, accepted in principle that Indians sh
Directive Principles of State Policy (రాష్ట్ర విధాన ఆదేశిక సూత్రాలు)
A set of guidelines in Part IV (Articles 36–51) of the Constitution that instruct the State on the goals it should work toward — economic and social justice, a welfare state — but
Diwan — దివాన్
A Diwan was the chief minister or principal administrative officer of a princely state under British paramountcy — roughly equivalent to a modern-day Chief Minister, appointed by (
Doctrine of Arbitrariness (ఏకపక్షత సిద్ధాంతం)
The principle, first articulated in E.P. Royappa v. State of Tamil Nadu, that equality is antithetic to arbitrariness — State action that is arbitrary, fanciful, or oppressive viol
Doctrine of Reasonable Classification (సహేతుక వర్గీకరణ సిద్ధాంతం)
The rule under Article 14 that a law may validly treat different groups of people differently only if the classification rests on an intelligible differentia and that differentia h
Doctrine of Waiver (వదులుకునే సిద్ధాంతం)
The legal principle, settled in Indian constitutional law, that a citizen cannot voluntarily give up or "waive" a Fundamental Right, even by their own free consent — because Fundam
Domicile (డొమిసైల్)
A person's fixed, permanent home for legal purposes — established by actual residence combined with the genuine intention to remain there permanently (animus manendi). It is a stri
Double Jeopardy (డబుల్ జియోపార్డీ)
The rule under Article 20(2) that no person shall be prosecuted and punished for the same offence more than once — embodying the maxim "nemo debet bis vexari." ఆర్టికల్ 20(2) కింద
Dyarchy — ద్వంద్వ పరిపాలన
Dyarchy (also spelled diarchy) was the system of double government introduced by the Government of India Act, 1919, in the provinces &8212; provincial subjects were split into &quo
Essential Religious Practices Test (అత్యవసర మతపరమైన ఆచారాల పరీక్ష)
A judge-made test used to determine which religious practices are protected under Articles 25 and 26 — only practices that are genuinely integral and essential to a religion's own
Federation — సమాఖ్య
A federation is a union in which sovereign power is divided between a central government and constituent units, each supreme within its own sphere. The Government of India Act, 193
Fundamental Duties (ప్రాథమిక విధులు)
The eleven civic obligations listed in Article 51A (Part IVA), added by the 42nd Amendment in 1976, that every Indian citizen owes to the nation — from respecting the Constitution
Golden Triangle (గోల్డెన్ ట్రయాంగిల్)
The interconnected reading of Articles 14 (equality), 19 (freedoms), and 21 (life and personal liberty), established in Maneka Gandhi v. Union of India (1978) — any law restricting
Harmonious Construction (సామరస్య వ్యాఖ్యానం)
An interpretive technique where courts read a Fundamental Right and a Directive Principle together, giving effect to both wherever reasonably possible, instead of assuming the two
Instrument of Accession — ఇన్‌స్ట్రుమెంట్ ఆఫ్ యాక్సెషన్
An Instrument of Accession was the formal document by which a princely state's Ruler agreed to join a larger political union &8212; under Section 6 of the Government of India Act,
Instrumentality of the State (రాజ్య ఇన్‌స్ట్రుమెంటాలిటీ)
A body that is not literally a government department, but is treated as "State" under Article 12 because it is financially, functionally, or administratively dominated by governmen
Judicial Review (న్యాయ సమీక్ష)
The power of courts to examine the constitutional validity of legislative and executive action, and to strike down whatever exceeds the limits the Constitution sets — the mechanism
Living Wage (జీవన వేతనం)
A wage under Article 43 that covers not just bare subsistence but a decent standard of life — food, shelter, education and some leisure — as distinct from a bare "minimum wage." కే
Minority (మైనారిటీ)
In the context of Articles 29 and 30, a "minority" is a section of citizens — based on religion or language — that is numerically less than fifty percent of the population of the S
Naturalisation (సహజీకరణ)
One of the modes of acquiring Indian citizenship after the Constitution's commencement, recognized under the Citizenship Act, 1955 — the process by which a foreign national becomes
Ninth Schedule (తొమ్మిదవ షెడ్యూల్)
A schedule added to the Constitution by the First Amendment, 1951, listing specific Acts and Regulations that are given protection from being challenged as void for inconsistency w
Objectives Resolution — ఆబ్జెక్టివ్స్ రిజల్యషన్
The Objectives Resolution was the resolution moved by Jawaharlal Nehru in the Constituent Assembly on 13 December 1946, setting out the fundamental values the future Constitution s
Procedure Established by Law (చట్టం ద్వారా స్థాపించబడిన విధానం)
The Article 21 standard for depriving a person of life or personal liberty — originally read narrowly (any procedure enacted by a validly-passed law), now read to also require that
Proclamation of Emergency (ఎమర్జెన్సీ ప్రకటన)
A formal declaration issued by the President under Article 352 on grounds of war, external aggression, or armed rebellion, which triggers a range of extraordinary constitutional co
Prospective Overruling (ముందుకు తిప్పికొట్టడం)
A doctrine under which a court's ruling applies only from the date of the judgment onward, leaving past transactions and earlier decisions made under the old legal position undistu
Quasi-Federal — క్వాసీ-ఫెడరల్
Quasi-federal describes a constitution that is federal in structure — power divided between a central government and constituent states, as in a true federation — but tilted with a
Religious Denomination (మతపరమైన వర్గం)
A collection of individuals classed together under the same name, having a common faith or system of belief, a common organisation, and a distinctive name of their own — the entity
Rigid and Flexible Constitution — దృఢమైన మరియు వశ్యమైన రాజ్యాంగం
A rigid constitution requires a special procedure to amend — a higher majority, a longer process, sometimes ratification by constituent units — that is harder than passing ordinary
Round Table Conferences — రౌండ్ టేబుల్ కాన్‌ఫరెన్సులు
The Round Table Conferences were three conferences held in London between 1930 and 1932, bringing together British officials, Indian political leaders, and princely-state represent
Self-Incrimination (స్వీయ-నేరారోపణ)
The act of providing evidence or testimony that could be used to establish one's own guilt — protection against being compelled to do so is guaranteed under Article 20(3). తన స్వంత
Simon Commission — సైమన్ కమిషన్
The Simon Commission was the all-British Statutory Commission set up under the Government of India Act, 1919's own review clause, which submitted its report in 1930 recommending an
Testimonial Compulsion (సాక్ష్యపరమైన బలవంతం)
Being forced to make an oral or written statement conveying one's own personal knowledge — the specific kind of compulsion Article 20(3) protects an accused against, as distinguish
Uniform Civil Code (ఏకరూప పౌర స్మృతి)
A single set of civil laws — covering marriage, divorce, inheritance and adoption — applicable to all citizens regardless of religion, which Article 44 directs the State to endeavo
Union of States (రాష్ట్రాల యూనియన్)
The specific term used in Article 1(1) of the Constitution to describe India's formal name — chosen deliberately over " Federation of States" to reflect that India was not formed b
Welfare State (సంక్షేమ రాజ్యం)
A State that takes active responsibility for the economic and social well-being of its citizens — employment, health, education, social security — rather than limiting itself to ma
Written and Unwritten Constitution — వ్రాతపూర్వక మరియు అవ్రాతపూర్వక రాజ్యాంగం
A written (codified) constitution exists as a single formal document, deliberately adopted at one identifiable point in time. An unwritten (uncodified) constitution is drawn instea
Agnate and Cognate (అగ్నేట్ మరియు కాగ్నేట్)
Two categories of blood or adoptive relatives considered only after Class I and Class II heirs are exhausted — an agnate is related to the deceased wholly through males, while a co
Antecedent Debt — పూర్వ అప్పు
An antecedent debt is a father's own personal debt that is prior in time and independent in fact from any later transaction used to discharge it. Under Brij Narain v. Mangla Prasad
Bigamy — బహుభార్యత్వం
"Bigamy" is the act of marrying again while a previous valid marriage is still subsisting. Under Hindu law, it renders the second marriage void under Sections 5(i) and 11, and sepa
Class I Heirs (క్లాస్ I వారసులు)
The first and largest group of relatives entitled to inherit a Hindu male's property on intestacy, listed in the Schedule to the Hindu Succession Act, all of whom take simultaneous
Class II Heirs (క్లాస్ II వారసులు)
The second group of relatives entitled to inherit a Hindu male's property on intestacy, arranged in nine numbered entries, considered only if there is no Class I heir at all. వీలున
Complete and Final Renunciation of the World (ప్రపంచాన్ని పూర్తిగా, చివరిగా త్యజించడం)
A recognised disqualification under Hindu law &8212; becoming a hermit or ascetic in a way that permanently withdraws a person from worldly and family life. హిందూ చట్టం కింద గుర్తి
Conciliation (Matrimonial) (రాజీ ప్రయత్నం)
The court's statutory duty under Section 23 to genuinely attempt to bring about reconciliation between spouses before granting relief in a matrimonial case. వైవాహిక కేసులో ఉపశమనం ఇ
Damdupat — దమదుపత్
Damdupat is a traditional rule of the Hindu law of debts capping the interest recoverable on a debt, at any one time, at no more than the principal amount then outstanding. It stop
Datta Homam (దత్త హోమం)
A Sanskrit fire ceremony traditionally performed during a Hindu adoption &8212; not legally essential to the adoption's validity. హిందూ దత్తత సమయంలో సాంప్రదాయకంగా నిర్వహించే ఒక సంస
Dayabhaga — దాయభాగ
Dayabhaga is the school of Hindu law based on Jimutavahana's digest, prevailing only in Bengal and Assam. It rejects birthright entirely — no one acquires an interest in family pro
De Facto Guardian (వాస్తవ గార్డియన్)
Someone who has taken on the role of caring for a minor and their property without any legal appointment as guardian. ఎలాంటి చట్టపరమైన నియామకం లేకుండా, ఒక మైనర్‌ను, వారి ఆస్తిని చూ
Decree of Nullity — రద్దు డిక్రీ
A "decree of nullity" is a court order declaring that a marriage is void, or annulling a voidable marriage, under Sections 11 and 12 of the Hindu Marriage Act. Unlike a divorce dec
Dependant (ఆధారితుడు)
A specific list of relatives of a deceased Hindu &8212; such as parents, an unremarried widow, or minor children &8212; entitled to maintenance from the estate the heirs inherited.
Doctrine of Blending — బ్లెండింగ్ సిద్ధాంతం
The doctrine of blending lets a coparcener voluntarily abandon their separate claim to self-acquired property by deliberately "throwing it into" the joint family's common stock. Pe
Doctrine of Relating Back (సంబంధించి-తిరిగి వెళ్లడం సిద్ధాంతం)
The principle that a son adopted by a Hindu widow is treated as if the adoption had been made by her deceased husband, linking the child to the husband's line too. హిందూ వితంతువు ద
Escheat (ఎస్కీట్)
The reversion of a deceased person's property to the government when no heir can be found at all, under any of the rules of succession. వారసత్వ నియమాలు ఏవీ వర్తింపజేసినా ఏ వారసుడూ
Intestate Succession (వీలునామా-రహిత వారసత్వం)
The devolution of a deceased person's property according to the fixed statutory order of heirs laid down by law, applying only when the deceased left no valid will. మరణించిన వ్యక్త
Irretrievable Breakdown of Marriage (తిరిగి బాగుచేయలేని విచ్ఛిన్నం)
A situation where a marriage has completely broken down with no realistic chance of reconciliation &8212; not yet an independent statutory ground for divorce in India, though the S
Judicial Separation (న్యాయపరమైన విడిపోవడం)
A court decree that releases spouses from the duty to live together without dissolving the marriage &8212; a legally recognised pause, not a divorce. వివాహాన్ని రద్దు చేయకుండానే దం
Kanyadaan — కన్యాదానం
"Kanyadaan" literally means "the gift of the daughter" — the ceremony in which the bride's father or guardian formally gives her away to the groom, traditionally regarded as one of
Karta — కర్త
The Karta is the manager of a joint Hindu family — by default the senior-most coparcener , male or female since Sujata Sharma v. Manu Gupta (2016). Courts describe the Karta's lega
Legal Necessity — చట్టపరమైన అవసరం
Legal necessity is one of the three grounds (alongside benefit of estate and indispensable duties) on which a Karta can alienate joint family property so that it binds all coparcen
Maintenance Pendente Lite (దావా పెండింగ్ భరణం)
Temporary maintenance and litigation expenses granted under Section 24 to a financially weaker spouse while a matrimonial case is still pending. వైవాహిక కేసు పెండింగ్‌లో ఉన్నప్పుడు
Natural Guardian (సహజ గార్డియన్)
A guardian whose authority over a Hindu minor comes directly from their family relationship &8212; father, mother, husband, or adoptive parent &8212; not from a will or court order
Notional Partition (నోషనల్ విభజన)
A legal fiction under which a deceased coparcener 's share in joint family property is calculated as though an actual partition had taken place immediately before his death, so tha
Nullity of Marriage (వివాహ రద్దు)
A court declaration that, in the eyes of law, a valid marriage either never came into existence at all (void) or existed only until one party chose to challenge it (voidable). చట్ట
Option of Puberty (యుక్తవయస్సు ఎంపిక హక్కు)
A wife's special right under Section 13(2)(iv) to repudiate her marriage if it was solemnised before she turned fifteen, provided she does so after turning fifteen but before turni
Partition — విభజన
Partition is the process by which a coparcener ends their joint status and, eventually, receives a physically divided share of the family property. It happens in two stages: severa
Permanent Alimony (శాశ్వత భరణం)
Ongoing financial support ordered under Section 25 at or after a matrimonial decree, as a gross sum or periodical payments, to support a spouse once the case is over. వైవాహిక డిక్ర
Pious Obligation — పుణ్య బాధ్యత
Pious obligation is a Mitakshara doctrine under which a son is religiously bound to pay off his father's lawful (vyavaharika) personal debts out of joint family property, even with
Restitution of Conjugal Rights (దాంపత్య హక్కుల పునరుద్ధరణ)
The only matrimonial remedy that tries to continue a marriage rather than end it &8212; a court order directing a spouse who has withdrawn from the other's company, without reasona
Reversioner (రివర్షనర్)
A relative next in line to inherit a Hindu male's property after his widow's limited estate in it ends, under the pre-1956 law. 1956కి ముందు చట్టం ప్రకారం, హిందూ పురుషుడి ఆస్తిలో అ
Samskara — సంస్కారం
"Samskara" is the Sanskrit term for a sacrament — one of the ritual milestones (birth, initiation, marriage, death, and others) that mark a Hindu's passage through life. Marriage (
Sapinda Relationship — సపిండ సంబంధం
"Sapinda relationship" describes a degree of common ancestry that Hindu law treats as too close for marriage. Under Section 3(f) of the Hindu Marriage Act, it extends through the m
Saptapadi — సప్తపది
"Saptapadi" literally means "seven steps" — the ceremony in which the bride and groom jointly take seven steps around the sacred fire. Under Section 7(2) of the Hindu Marriage Act,
Severance of Status — హోదా వేరుపడటం
Severance of status is the first stage of partition — a purely legal change ending a coparcener 's joint status. Under Addagada Raghavamma v. Addagada Chenchamma (1964), it is a ma
Stridhan (స్త్రీధనం)
Property that absolutely belongs to a Hindu woman in her own right — traditionally including gifts received before, during or after her marriage from relatives or others, her own e
Testamentary Guardian (వీలునామా గార్డియన్)
A guardian appointed for a minor by an entitled parent's will, taking effect only after that parent's death. అర్హత ఉన్న తల్లిదండ్రి వీలునామా ద్వారా మైనర్ కోసం నియమించిన గార్డియన్,
Testamentary Succession (వీలునామా-ద్వారా వారసత్వం)
The devolution of a deceased person's property according to the terms of a valid will they left behind, taking priority over the ordinary intestate rules. మరణించిన వ్యక్తి వదిలివేస
Vyavaharika and Avyavaharika Debts — వ్యావహారిక మరియు అవ్యావహారిక అప్పులు
Vyavaharika debts are lawful, morally acceptable debts (business debts, ordinary personal borrowing) for which a son's pious obligation or a father's antecedent-debt power applies.
Air Quality Index (AQI) — ఎయిర్ క్వాలిటీ ఇండెక్స్
The Air Quality Index is a standardised numerical scale used to communicate how polluted the air currently is, based on measured concentrations of pollutants such as particulate ma
Biodiversity Hotspot — జీవవైవిధ్య హాట్‌స్పాట్
A region with an exceptionally high concentration of species — many found nowhere else on Earth — that is also under serious threat from habitat loss. India has parts of four globa
Biodiversity — జీవవైవిధ్యం
The variety of life found in a given ecosystem , biome , or on Earth as a whole, studied at three levels: genetic diversity (within a species), species diversity (within an ecosyst
Biome — బయోమ్
A large geographical region characterised by a distinct climate, and the specific plant and animal communities adapted to survive in it. Broadly divided into terrestrial types (rai
Biopiracy — బయోపైరసీ
Biopiracy is the unauthorised access to and commercial exploitation (typically through patenting) of a country's biological resources or the traditional knowledge of its communitie
Biosphere — జీవావరణం
The global sum of all ecosystem s on Earth — the relatively thin zone of the planet where life exists, formed where the lithosphere (land), hydrosphere (water), and atmosphere (air
Biosphere Reserve — బయోస్ఫియర్ రిజర్వ్
A protected zone designed to preserve representative biosphere function — whole- ecosystem health, biodiversity , and the relationship between people and their environment — rather
Carbon Trading — కార్బన్ ట్రేడింగ్
A market mechanism that lets a country or company which has cut its emissions below its allotted limit sell its unused allowance to another that has not, turning permission to emit
Climate Change — వాతావరణ మార్పు
Long-term shifts in temperature, precipitation, and weather patterns — the broader, downstream consequence of global warming . Where global warming describes the temperature rise i
Common but Differentiated Responsibilities (CBDR) — సాధారణ కానీ భేదాత్మక బాధ్యతలు
The principle that while every country shares responsibility for protecting the global environment , developed countries — because of their much greater historical contribution to
Conference of the Parties (COP) — భాగస్వామ్య దేశాల సదస్సు
The governing body of a multilateral environment al treaty, made up of all its member countries, which meets periodically to review implementation, adopt new decisions, and — in so
Conservation — కన్జర్వేషన్
The planned, sustainable use of natural resources — balancing present needs against future availability, rather than locking resources away completely. Distinct from preservation (
Continuing Mandamus — కంటిన్యూయింగ్ మాండమస్
Continuing mandamus is a judicial technique in which a court keeps a writ petition alive indefinitely, issuing successive directions over time and requiring periodic compliance rep
Deforestation — అటవీ నిర్మూలన
Deforestation is the large-scale clearing or removal of forest cover, typically to convert the land to agricultural, industrial, or urban use. It is distinct from selective logging
Ecology — ఎకాలజీ
The scientific study of the relationships between living organisms and their physical environment — how ecosystem s function and how organisms coexist. The term was coined by Germa
Ecosystem — పర్యావరణ వ్యవస్థ
A community of interacting organisms (plants, animals, micro-organisms) and their physical environment , functioning together as a unit. Made up of biotic components (producers, co
Effluent — ఎఫ్లూయెంట్ (వ్యర్థజలం)
Effluent is liquid waste discharged from an industrial, commercial, or domestic source, typically into a stream, sewer, or land. Under the Water (Prevention and Control of Pollutio
Endangered Species — అంతరించిపోతున్న జాతులు
An endangered species is one whose population has declined to a level that puts it at serious risk of extinction in the near future, whether from habitat loss, poaching , climate c
Environment — పర్యావరణం
The sum total of all surroundings — living and non-living — that influence the life of an organism. Under Section 2(a) of the Environment ( Protection ) Act, 1986 , environment inc
Environmental Degradation — పర్యావరణ క్షీణత
The deterioration of the environment through the depletion of resources, destruction of ecosystem s, and loss of biodiversity . It is the broader process; pollution is one of its p
Environmental Impact Assessment (EIA) — ఎన్విరాన్‌మెంటల్ ఇంపాక్ట్ అసెస్‌మెంట్
Environment al Impact Assessment is the process of evaluating a proposed project's likely environmental effects before it is permitted to proceed, so that impacts can be identified
Estuary — ఈస్చుయరీ
A transitional aquatic biome where freshwater from a river mixes with saltwater from the sea, creating a brackish-water environment . Typically home to mangroves, crabs, and migrat
Eutrophication — యూట్రోఫికేషన్
Eutrophication is the excessive enrichment of a water body with nutrients — typically nitrogen and phosphorus from agricultural runoff, sewage, or industrial effluent — causing alg
Ex-situ Conservation — ఎక్స్-సిటు సంరక్షణ
Protecting species outside their natural habitat, in a controlled setting — used mainly as a targeted backup when a species is critically endangered or its habitat is already lost.
Global Warming — గ్లోబల్ వార్మింగ్
The long-term increase in the Earth's average surface temperature, caused by the excessive accumulation of greenhouse gases in the atmosphere. It is the primary driver of the broad
Green Belt — గ్రీన్ బెల్ట్
A deliberately planted and maintained strip or zone of trees and vegetation, required as a planning or regulatory condition around an industry or an expanding city, to absorb pollu
Greenhouse Gases — గ్రీన్‌హౌస్ వాయువులు
Gases in the atmosphere that trap heat radiating from the Earth's surface, causing global warming . The main ones are carbon dioxide (CO₂), methane (CH₄), nitrous oxide (N₂O), and
Hazardous Waste — హజార్డస్ వేస్ట్
Hazardous waste is waste possessing physical, chemical, biological, reactive, toxic, flammable, or corrosive characteristics that make it a danger to health or the environment if n
Homeostasis — హోమియోస్టాసిస్
An ecosystem 's ability to self-regulate and maintain overall stability, despite ongoing changes in its components. It is a dynamic, active balancing process — not a fixed, unchang
In-situ Conservation — ఇన్-సిటు సంరక్షణ
Protecting species within their natural habitat, so that the entire ecosystem — not just one species — is protected together. Implemented through National Parks, Wildlife Sanctuari
Multilateral Environmental Agreement (MEA) — బహుపాక్షిక పర్యావరణ ఒప్పందం
A binding treaty on an environment al subject negotiated among three or more countries, as opposed to a bilateral agreement between just two — the general category that most of the
National Green Tribunal (NGT) — నేషనల్ గ్రీన్ ట్రిబ్యునల్
The National Green Tribunal is a specialised judicial body, established under the National Green Tribunal Act, 2010, combining Judicial Members and Expert Members on the same bench
Ozone Depletion — ఓజోన్ క్షీణత
The thinning of the ozone layer in the Earth's stratosphere, caused by the breakdown of ozone (O₃) molecules — mainly by CFCs and halons. The ozone layer absorbs nearly all of the
Poaching — పోచింగ్
Poaching is the illegal hunting, capturing, or killing of wild animals in violation of the Wild Life ( Protection ) Act, 1972 — most seriously, of species listed in Schedule I or I
Polluter Pays Principle — పొల్యూటర్ పేస్ సూత్రం
The Polluter Pays Principle holds that a polluter's absolute liability for environment al harm extends not only to compensating the victims of pollution , but also to bearing the c
Pollution — కాలుష్యం
The introduction of harmful substances or contaminants into the natural environment , resulting in adverse effects on living organisms, ecosystem s, and the balance of nature — occ
Precautionary Principle — ప్రికాషనరీ సూత్రం
The Precautionary Principle holds that where an activity threatens serious or irreversible environment al harm, the absence of full scientific certainty must not be used as a reaso
Preservation — ప్రిజర్వేషన్
Keeping the environment , or a specific natural resource, untouched and unaltered — usually by restricting human interference entirely. Distinct from conservation (sustainable use)
Protected Forest — ప్రొటెక్టెడ్ ఫారెస్ట్
A Protected Forest is forest land notified under the Indian Forest Act, 1927 that remains under government ownership, but where certain specified rights of local communities (such
Protection — ప్రొటెక్షన్
Active legal and administrative measures taken to prevent harm to the environment — pollution control, regulatory enforcement, and penalties. Distinct from preservation (untouched)
Public Interest Litigation (PIL) — ప్రజా ప్రయోజన వ్యాజ్యం
A lawsuit filed in a court not to protect the personal rights of the person filing it, but to enforce the rights of a class of people — often the poor, disadvantaged or the general
Public Trust Doctrine — పబ్లిక్ ట్రస్ట్ సిద్ధాంతం
The principle that certain natural resources — such as rivers, forests, air and coastal land — are held by the State in trust for the free and unrestricted use of the general publi
Radioactive Pollution — రేడియోధార్మిక కాలుష్యం
The release of radioactive substances into the environment , typically from nuclear accidents or the improper disposal of radioactive waste. It is considered one of the most danger
Reserved Forest — రిజర్వ్డ్ ఫారెస్ట్
A Reserved Forest is forest land notified under the Indian Forest Act, 1927 (or a corresponding State law) that receives the highest degree of legal protection , where nearly all p
Right to Wholesome Environment — ఆరోగ్యకరమైన పర్యావరణ హక్కు
The judicially-recognised right, read into Article 21's guarantee of the right to life, to live in a healthy, pollution -free environment . ఆర్టికల్ 21 హామీ ఇచ్చిన జీవించే హక్కులో
Sacred Groves — పవిత్ర వనాలు
Forest patches designated as sacred by tribal or rural communities, where felling trees, hunting, or any resource extraction is strictly prohibited for religious and cultural reaso
Soft Law — సాఫ్ట్ లా
An international instrument — a declaration, resolution, or set of principles — that States adopt without making it legally binding, so it guides behaviour and shapes later binding
Sustainable Development — స్థిరమైన అభివృద్ధి
A guiding principle that reconciles genuine developmental needs — industry, infrastructure, energy — with environment al protection , rather than treating growth and conservation a
Thermal Pollution — ఉష్ణ కాలుష్యం
A sudden rise or fall in the temperature of a water body, typically caused by the discharge of heated water from power plants and factories. Even without any toxic chemicals involv
Transboundary Movement — ట్రాన్స్‌బౌండరీ మూవ్‌మెంట్
Transboundary movement refers to the import or export of hazardous waste across national borders. It is regulated internationally under the Basel Convention, 1989 and domestically
Wetland — చిత్తడి నేల
An area of land — marsh, swamp, lake margin, floodplain, or coastal zone such as a mangrove or estuary — that is permanently or seasonally saturated with water, supporting ecosyste
Wildlife Sanctuary — వైల్డ్ లైఫ్ సాంక్చురీ
A Wildlife Sanctuary is an area declared by the State Government under Section 26A of the Wild Life ( Protection ) Act, 1972 for protecting, propagating, or developing wildlife or
Interlocutory Application — మధ్యంతర దరఖాస్తు
An application filed inside a case that is already pending, rather than a new case. ఇప్పటికే పెండింగ్‌లో ఉన్న కేసు లోపలే దాఖలు చేసే దరఖాస్తు; ఇది కొత్త కేసు కాదు. Real-life example
Intervenor — ఇంటర్వీనర్
A person or body, other than the original parties, who joins a pending case. అసలు పక్షకారులు కాకుండా, జరుగుతున్న కేసులో చేరే వ్యక్తి లేదా సంస్థ. Real-life example In T.N. Godavarma
Compensatory Afforestation — పరిహార అడవుల పెంపకం
Planting forest to make up for forest land that is diverted to a non-forest project. అటవీ భూమిని అటవీయేతర ప్రాజెక్టుకు మళ్లించినప్పుడు, దాని బదులు అడవిని పెంచడం. Real-life example
Net Present Value (NPV) — నెట్ ప్రెజెంట్ వాల్యూ (NPV)
A payment that a user agency makes into a fund when forest land is diverted to a non-forest project. అటవీ భూమిని అటవీయేతర ప్రాజెక్టుకు మళ్లించినప్పుడు user agency ఒక నిధిలో చెల్లిం
Ex Post Facto Clearance — పూర్వ ప్రభావ అనుమతి (Ex Post Facto Clearance)
A clearance given after the activity or project has already begun, not before. (Latin: ex post facto, 'after the fact') పని లేదా ప్రాజెక్టు ప్రారంభమైన తర్వాత ఇచ్చే అనుమతి; ముందుగా
Separation of Powers — అధికారాల విభజన
The idea that the Constitution spreads law-making, administering and judging among different organs. శాసనం, పరిపాలన, న్యాయనిర్ణయం అనే విధులను రాజ్యాంగం వేర్వేరు వ్యవస్థలకు పంచుతుంద
Detenue — నిర్బంధితుడు (Detenue)
The person said to be detained, for whom a habeas corpus petition is filed. habeas corpus పిటిషన్ ఎవరి కోసం దాఖలవుతుందో, నిర్బంధంలో ఉన్నారని చెప్పే వ్యక్తి. Real-life example In Sh
Coordinate Bench — సమాన స్థాయి ధర్మాసనం
A Bench of the same rank as the Bench now deciding. ఇప్పుడు నిర్ణయిస్తున్న ధర్మాసనంతో సమాన స్థాయి ఉన్న ధర్మాసనం. Real-life example In Shafin Jahan v. Asokan K.M., the Supreme Court
Cooling-Off Period — కూలింగ్-ఆఫ్ కాలం
The six-month wait in Section 13B(2) of the Hindu Marriage Act, 1955 between the first and second motions. Hindu Marriage Act, 1955 సెక్షన్ 13B(2) ప్రకారం మొదటి, రెండవ మోషన్ల మధ్య
Mandatory and Directory Provisions — తప్పనిసరి మరియు నిర్దేశక నిబంధనలు
The Court asks whether a provision is mandatory or directory. Language alone is not always decisive; the Court has regard to the context, the subject matter and the object of the p
Second Motion — రెండవ మోషన్
The joint motion of both spouses under Section 13B(2). It is made not earlier than six months and not later than eighteen months after the petition is presented, if the petition is
Infant — శిశువు (Infant)
A person who has not reached the age of majority. In this case the age was 21. మేజర్ వయస్సు రాని వ్యక్తి. ఈ కేసులో ఆ వయస్సు 21. Real-life example In Mohori Bibee v. Dharmodas Ghose
Mortgage — తనఖా (Mortgage)
A transfer of an interest in property as security for a loan. అప్పుకు భద్రతగా ఆస్తిపై హక్కును బదిలీ చేయడం. Real-life example In Mohori Bibee v. Dharmodas Ghose, on 20 July 1895 Dha
Estoppel — ఎస్టాపెల్
Under Section 115 of the Indian Evidence Act, 1872, a person who has intentionally caused or permitted another to believe a thing to be true, and to act on that belief, is not allo
Executor — కార్యనిర్వాహకుడు (Executor)
A person who carries on the affairs of someone who has died. మరణించిన వ్యక్తి వ్యవహారాలను కొనసాగించే వ్యక్తి. Real-life example In Mohori Bibee v. Dharmodas Ghose, Brahmo Dutt died
Imputed Knowledge — ఆరోపిత జ్ఞానం (Imputed Knowledge)
Knowledge of an agent that is treated as the knowledge of the person the agent acts for. ఒక ఏజెంట్‌కు ఉన్న తెలివిడిని, ఆ ఏజెంట్ ఎవరి తరఫున పని చేశాడో ఆ వ్యక్తికి ఉన్నట్లుగా పరిగణిం
Ratify — ధృవీకరించడం (Ratify)
To approve an act afterwards and so accept it as one's own. ఒక చర్యను తరువాత ఆమోదించి, దాన్ని తన చర్యగా అంగీకరించడం. Real-life example In Mohori Bibee v. Dharmodas Ghose, the defen
Captive Audience — బందీ శ్రోతలు (Captive Audience)
People who cannot avoid hearing a sound when it is played in public. బహిరంగంగా శబ్దం వినిపించినప్పుడు, దాన్ని వినకుండా తప్పించుకోలేని ప్రజలు. Real-life example In Church of God (Fu
Silence Zone — నిశ్శబ్ద ప్రాంతం (Silence Zone)
An area of not less than 100 metres around hospitals, educational institutions and courts, declared as such by the competent authority. ఆసుపత్రులు, విద్యా సంస్థలు, కోర్టుల చుట్టూ క
Palimony — పాలిమనీ
A US term for maintenance claimed by a woman who lived with a man for a substantial period without marrying him and was then deserted by him. (Source: coined in US case law, discus
Common Law Marriage — కామన్ లా వివాహం
A marriage-like status recognised in some countries though no legally recognised ceremony was performed and no civil marriage contract was entered into or registered; also called a
Aggrieved Person — బాధిత వ్యక్తి
Under Section 2(a) of the Protection of Women from Domestic Violence Act, 2005, any woman who is, or has been, in a domestic relationship with the respondent and who alleges that s
Shared Household — ఉమ్మడి గృహం
Under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005, a household where the aggrieved person lives or has lived in a domestic relationship, whether owned
Economic Abuse — ఆర్థిక దుర్వినియోగం
One of the forms of domestic violence under Section 3(a) of the Protection of Women from Domestic Violence Act, 2005: depriving the aggrieved person of economic or financial resour
Domestic Relationship — గృహ సంబంధం
Under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, a relationship between two persons who live or have lived together in a shared household, where they
Relationship in the Nature of Marriage — వివాహ స్వభావం గల సంబంధం
"Relationship in the nature of marriage" is the specific phrase used in the Protection of Women from Domestic Violence Act, 2005 to extend protection to certain long-term live-in c
Public Nuisance — ప్రజా న్యూసెన్స్
Public nuisance is an act or omission that materially affects the reasonable comfort, convenience, health, or safety of the public at large, or of a class of the public — ordinaril
Coercion — కోఎర్షన్
Coercion is committing, or threatening to commit, an act forbidden by criminal law — or unlawfully detaining, or threatening to detain, someone's property — specificall
Impleaded — ఇంప్లీడ్ చేయడం (Impleaded)
Added as a party to a case that is already going on. జరుగుతున్న కేసులో పక్షకారుడిగా చేర్చడం. Real-life example In Shafin Jahan v. Asokan K.M., in the first habeas corpus petition H
Undue Influence — అండ్యూ ఇన్‌ఫ్లుయెన్స్
Undue influence is what happens when someone in a position of trust or authority over another person uses that position to get an unfair advantage in a contract — no threats,
Custodial Violence — కస్టడీ హింస
Torture, rape, assault or death inflicted on a person while held in the custody of the police or another government agency. The Supreme Court has called it "a naked violation of hu
Concubine — ఉంపుడుగత్తె
As used in Indra Sarma v. V.K.V. Sarma, a woman who lives with a man knowing that he is already married. The Court said she cannot be in a relationship in the nature of marriage, b
Alienation of Affection — అనురాగ విచ్ఛేదం
As used in Indra Sarma v. V.K.V. Sarma, an intentional tort of interfering in a marriage by alienating a husband or father from his wife and children. The Court said it gives the w
Constructive Trust — నిర్మిత ట్రస్ట్
As used in Indra Sarma v. V.K.V. Sarma, the "Law of Constructive Trust", developed to recognise contributions, both money and non-money, and mentioned as a possible recourse for a
Non-Signatory — సంతకం చేయని వ్యక్తి
As used in Kamal Gupta v. L.R. Builders, a non-signatory is a person who did not sign the agreement that contains the arbitration clause. Such a person is not a party under Section
Self-Contained Code — స్వయం సమగ్ర నియమావళి
A self-contained and exhaustive code: a statute that sets out its own procedure for the matters it covers. The Supreme Court, following the Constitution Bench in Re: Interplay, tre
Abuse of Process — న్యాయ ప్రక్రియ దుర్వినియోగం
As used in Kamal Gupta v. L.R. Builders, the Court called the non-signatories' attempt to reopen proceedings already disposed of an abuse of the process of law. The judgment does n
Arbitral Award — ఆర్బిట్రల్ అవార్డు
As used in Kamal Gupta v. L.R. Builders, the arbitral award is the decision the arbitrator passes on the dispute. Under Section 35 of the Arbitration and Conciliation Act, 1996 it
Interim Measures — మధ్యంతర చర్యలు
As used in Kamal Gupta v. L.R. Builders, interim measures are temporary protection sought while an arbitration dispute is pending: from the court under Section 9 of the Arbitration
Force Majeure — ఫోర్స్ మజ్యూర్
As used in Energy Watchdog v. CERC, force majeure is an event or circumstance that wholly or partly prevents or unavoidably delays a party's performance, as defined in the contract
Change in Law — చట్టంలో మార్పు
As used in Energy Watchdog v. CERC, Change in Law is a defined event in the PPA: a new or changed Law, a changed interpretation of Law by a final authority, or a change in consents
Composite Scheme — సమగ్ర పథకం
Composite scheme is the term in Section 79(1)(b) of the Electricity Act, 2003. The Supreme Court held it means nothing more than a scheme by a generating company for generation and
Implied Term — అంతర్లీన నిబంధన
As used in Nabha Power v. PSPCL, an implied term is a term the parties did not write into their contract, which a court is asked to read into it. The Court said this is needed only
Business Efficacy — వ్యాపార సామర్థ్యం
As used in Nabha Power v. PSPCL, business efficacy is the test from The Moorcock. A term can be implied only if it is necessary to give the transaction the efficacy that both busin
Officious Bystander Test — జోక్యం చేసుకునే ప్రేక్షకుడి పరీక్ష
The test from Shirlaw v. Southern Foundries. If an officious bystander suggested an express term while the parties made their bargain, they would testily say "Oh, of course!". Prim
Environmental Clearance (EC) — పర్యావరణ అనుమతి (EC)
A government approval that a listed project must obtain before it starts or expands, given only after steps such as screening, scoping, public hearing and appraisal. As used in the
Intergenerational Equity — తరాల మధ్య సమానత్వం (Inter-generational Equity)
As used in this case, a term the Court pairs with sustainable development. It says environmental compliance is a measure towards both. The judgment does not define it. ఈ కేసులో, స్
Chilling Effect — భయపెట్టే ప్రభావం (Chilling Effect)
As used in this case, an argument that a State action, even if constitutional, puts a great burden on free speech because a person may hold back from exercising a protected right.
Public Emergency — ప్రజా అత్యవసర పరిస్థితి (Public Emergency)
As used in this case, the condition that must exist before an order can be passed under Section 5(2) of the Telegraph Act. The Act does not define it. The Court said it must be of
Section 144 CrPC — సెక్షన్ 144 (Section 144 Cr.P.C.)
The power of a District Magistrate, Sub-divisional Magistrate or specially empowered Executive Magistrate to issue a written order in urgent cases of nuisance or apprehended danger
Doctrine of Proportionality — అనుపాత సిద్ధాంతం (Doctrine of Proportionality)
As used in this case, the "constitutional doctrine of proportionality" that Lafarge applied to environment decisions in judicial review. The Court held the NGT's directions did not
Retrenchment — ఉద్యోగ తొలగింపు (రిట్రెంచ్‌మెంట్)
The ending of a workman&39;s employment. As used in the Taj Trapezium case, workmen of industries that chose closure were deemed retrenched and paid compensation under Section 25-F
Laches — లాచెస్ (జాప్యం)
As used in this case, delay on the part of a party in taking steps to enforce a right. The trial Court found grave laches on the purchaser's side (para 10). This Court held that th
Readiness and Willingness — సిద్ధత మరియు సుముఖత (Ready and Willing)
A plaintiff who seeks specific performance must aver (state) and prove that they performed, or were always ready and willing to perform, the essential terms they had to perform. Te
Time of the Essence — సమయమే ప్రధానం (Time of the Essence)
A contract is one where time is of the essence if the parties intended that a promise be performed at or before a specified time. If a party then fails to perform at that time, the
Binding Precedent — కట్టుబాటు కలిగిన పూర్వ తీర్పు
A binding precedent is an earlier decision that a later court must follow. As used in this case, a Supreme Court Bench decision binds a later Bench of the same or smaller strength.
Just Compensation — న్యాయసమ్మతమైన పరిహారం
Just compensation is the amount a tribunal awards under Section 168 of the Motor Vehicles Act, 1988. The Court says it rests on fairness, reasonableness and equitability by accepte
Multiplicand — మల్టిప్లికాండ్
The multiplicand is the net yearly value of the dependency, worked out on the deceased person's income at the date of death. It is then multiplied by the multiplier. Future prospec
Multiplier — మల్టిప్లయర్ (గుణకం)
In a motor accident death claim, the multiplier is the number by which the yearly loss to the dependants (the multiplicand) is multiplied to reach the loss of dependency. It is cho
Conventional Heads — కన్వెన్షనల్ హెడ్స్
Conventional heads are the fixed heads of compensation that are not worked out from income. In this case they are loss of estate, loss of consortium and funeral expenses. The Court
Future Prospects — ఫ్యూచర్ ప్రాస్పెక్ట్స్
Future prospects is the addition made to a deceased person's proven income to allow for the rise in income he would probably have had. The Court fixed the percentage by the age and
Gender Identity — లింగ గుర్తింపు (Gender Identity)
A person's deeply felt internal and individual experience of gender, which may or may not match the sex assigned at birth. The Court says it is a person's self-identification as a
Comity of Nations — దేశాల మధ్య సౌజన్యం (Comity of Nations)
As used in this case, the principle by which Indian courts apply the rules of international law, unless clear rules of domestic law override them (para 51). The judgment does not d
Purposive Interpretation — ఉద్దేశ్యాధార వ్యాఖ్యానం (Purposive Interpretation)
As used in this case, reading constitutional provisions in line with their purpose so that they adapt to changes in social reality (para 121). The judgment does not give a formal d
Rule of Law — చట్టబద్ధ పాలన (Rule of Law)
As used in this case, the idea that the law exists to ensure proper social life and to protect individual dignity, so that it is social justice based on public order (para 125). Th
Socially and Educationally Backward Classes — సామాజికంగా, విద్యాపరంగా వెనుకబడిన తరగతులు (Socially and Educationally Backward Classes)
As used in this case, the class of citizens for whose advancement the State may make special provision under Article 15(4), and for whom reservation is available in appointments un
Affirmative Action — సానుకూల చర్య (Affirmative Action)
As used in this case, positive steps the State must take to advance a group that has faced discrimination, such as reservation in education and public posts (paras 60, 88, 129(3)).
Customary International Law — సంప్రదాయ అంతర్జాతీయ చట్టం
As used in this case, rules of international law that are accepted as law by practice. The Court said such a rule, if not contrary to municipal (domestic) law, is deemed incorporat
Arrears of Land Revenue — భూమి శిస్తు బకాయిలు
As used in this case, a method of recovery. The Court directed that amounts due from polluters be recovered as arrears of land revenue. The judgment does not define the term furthe
Common Effluent Treatment Plant (CETP) — సాధారణ వ్యర్థజల శుద్ధి కేంద్రం
As used in this case, one treatment plant built for a cluster of industries, as an option to a separate plant in each industry. The judgment does not define the term further. ఈ కేస
Beneficial Legislation — ప్రయోజనకర చట్టం
As used in this case: a law, here the Consumer Protection Act, 1986, that deserves liberal construction because it aims at better protection of consumers. ఈ కేసులో ఉపయోగించిన అర్థం
Final Decree — తుది డిక్రీ
The decree in a partition suit that divides the property by metes and bounds. Only then is the partition worked out finally. విభజన దావాలో ఆస్తిని హద్దులతో సహా విభజించే డిక్రీ. అప్ప
Retroactive Statute — రెట్రోయాక్టివ్ చట్టం
A statute that does not operate backward but operates in future, based on a status or event that arose earlier. It differs from a retrospective statute, which impairs vested rights
Unobstructed and Obstructed Heritage — అప్రతిబంధ మరియు సప్రతిబంధ వారసత్వం
Under Mitakshara law, unobstructed heritage (apratibandhadaya) is property in which a person takes an interest by birth. Obstructed heritage (sapratibandhadaya) is property in whic
Family Settlement — కుటుంబ పరిష్కారం
As used in Kamal Gupta v. L.R. Builders, a family settlement is an arrangement between family members about family property. Here it was first made orally and was said to be record
Vital Statistics — జనన మరణ వివరాల నమోదు
As used in Seema v. Ashwani Kumar: the expression used in Entry 30 of List III (Concurrent List) of the Seventh Schedule, "Vital statistics including registration of births and dea
Public Policy — పబ్లిక్ పాలసీ (ప్రజా విధానం)
Public policy is not the policy of a particular government. It concerns the public good and the public interest, and it does not admit precise definition. In this case the Court re
Works Contract — వర్క్స్ కాంట్రాక్ట్ (పనుల కాంట్రాక్టు)
Under the Madras General Sales Tax Act, 1939 as amended in 1947, a works contract is any agreement to carry out, for cash, deferred payment or other valuable consideration, the con
Accretion — అక్రిషన్ (ఆస్తికి కలిసిపోవడం)
As used in this case, the way materials worked into another's property become part of that property. The Court held that materials built into a house on land vest in the landowner
Agreement to Sell — అగ్రిమెంట్ టు సెల్ (అమ్మకపు ఒప్పందం)
Under Section 1 of the English Sale of Goods Act, 1893, described in this judgment, where the transfer of property in the goods is to take place at a future time or subject to a co
Sale of Goods — సేల్ ఆఫ్ గూడ్స్ (వస్తువుల అమ్మకం)
In this case the Court held that sale of goods means an agreement to sell movables for a price, with property passing in those very goods under that agreement. Unless there is an a
Apostate — అపోస్టేట్ (మతం మార్చుకున్న వ్యక్తి)
As used in this case, a Hindu husband who has converted to Islam. The Court said a second marriage by an apostate under the shelter of conversion violates the Hindu Marriage Act, 1
Monogamy — మోనోగమీ (ఏకభార్యత్వం)
As used in this case, the rule that a Hindu may not marry again while the first marriage subsists. The Court said monogamy is the law for Hindus and that modern Hindu law strictly
Equity and Good Conscience — ఈక్విటీ అండ్ గుడ్ కాన్షియన్స్ (న్యాయం, మంచి విచక్షణ)
As used in this case, the standard on which a court decides when no rule of law applies. The Court said the conduct of a spouse who converts is judged by justice, equity and good c
Remand — రిమాండ్ (కేసును తిరిగి పంపడం)
As used in this case, sending a case back to the trial court for a further finding. The High Court sent the case back to the trial court to record a finding on whether the temples
Cruelty — క్రూయెల్టీ (క్రౌర్యం)
As used in this case, cruelty is a ground of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The Court said the Act does not define it. It means conduct that endan
Desertion — డిసర్షన్ (పరిత్యాగం)
For divorce under the Hindu Marriage Act, 1955, the Court said desertion means the intentional permanent forsaking and abandonment of one spouse by the other, without that other's
Prospective Amendment — ప్రాస్పెక్టివ్ సవరణ (భవిష్యత్తుకు వర్తించే సవరణ)
As used in this case, an amendment that applies only from its commencement and not to the past. The Court said an amendment of a substantive provision is always prospective unless
Sexual Harassment — లైంగిక వేధింపు (సెక్సువల్ హరాస్‌మెంట్)
In the Vishaka Guidelines, sexual harassment includes unwelcome sexually determined behaviour, directly or by implication: physical contact and advances, a demand or request for se
Class Action — క్లాస్ యాక్షన్ (సమూహం తరఫున దావా)
As used in this case, a petition brought by certain social activists and NGOs to focus attention on a societal aberration. The petition for enforcing working women's rights was bro
Void for Vagueness — అస్పష్టత వల్ల చెల్లని చట్టం (Void for Vagueness)
Quoting Grayned and Kartar Singh, the Court said an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws fail to give a person of ordinary intell
Overbreadth — అతి విస్తృతత (Overbreadth)
As used in this case, a law that takes within its sweep protected speech and speech that is innocent in nature, so that it is liable to be used with a chilling effect on free speec
Intermediary — ఇంటర్మీడియరీ (మధ్యవర్తి వేదిక)
As used in this case, in the petitioners' argument, a person who offers a neutral platform through which persons interact with each other over the internet. Section 79 of the Infor
Reading Down — రీడింగ్ డౌన్ (పరిధి కుదించి అన్వయించడం)
As used in this case, a court reading a provision narrowly so that it survives. The Court read down Section 79(3)(b) and Rule 3(4) of the 2011 Rules to mean knowledge through a cou
Pith and Substance — సారాంశం, సత్త్వం (Pith and Substance)
Quoting A.S. Krishna v. State of Madras, the Court said that to decide whether a law is beyond the legislature's power, one must find its true character by looking at the enactment
Show-Cause Notice — షో-కాజ్ నోటీసు (కారణం చూపమని నోటీసు)
As used in this case, a notice that calls on a person to explain why a proposed action should not be taken. The judgment treats Chapters VI and VII of the NEERI report as a show-ca
Conditional Order — కండిషనల్ ఆర్డర్ (షరతుతో కూడిన ఉత్తర్వు)
As used in this case, an order under Section 133 of the Code of Criminal Procedure that a Magistrate makes on information about a nuisance. The judgment quotes the section: it requ
Advocate Commissioner — అడ్వకేట్ కమిషనర్ (కోర్టు నియమించిన న్యాయవాది)
As used in this case, an advocate appointed by the Court to inspect a place and file a report. The judgment says the Court appointed an Advocate Commissioner to inspect the river-b
Contempt of Court — కోర్టు ధిక్కారం
As used in this case, wilful disobedience of a court's order. The judgment describes the application as one under Section 12 of the Contempt of Courts Act, 1971 to punish responden
Civil Contempt — సివిల్ కంటెంప్ట్ (సివిల్ ధిక్కారం)
Under Section 2(b) of the Contempt of Courts Act, 1971, as quoted in the judgment, wilful disobedience to any judgment, decree, direction, order, writ or other process of a court,
Cognizable Offence — కాగ్నిజబుల్ అఫెన్స్ (పోలీసులు దర్యాప్తు చేయగల నేరం)
As used in this case, an offence for which the police must register information and start an investigation under the Code of Criminal Procedure. The Court directed that all the pap
Transfer Petition — బదిలీ పిటిషన్ (Transfer Petition)
As used in this case, a petition under Section 25 of the Code of Civil Procedure, 1908 asking the Supreme Court to move a case from one court to another. The wife filed one to tran
Statute of Frauds — స్టాట్యూట్ ఆఫ్ ఫ్రాడ్స్
As used in Felthouse v. Bindley, the statute of frauds is the statute 29 Car. 2, c. 3, as quoted in the judgment. Its 17th section said no contract for the sale of goods was good u
Nonsuit — నాన్‌సూట్
As used in Felthouse v. Bindley, a nonsuit is a court order ending the plaintiff&39;s case. A verdict had been found for the plaintiff. The Court still ordered a nonsuit, because t
Undisclosed Principal — అండిస్‌క్లోజ్డ్ ప్రిన్సిపల్
As used in Dunlop Pneumatic Tyre Co. v. Selfridge, an undisclosed principal is a person for whom an agent contracted in the agent&39;s own name. The appellants claimed to be such p
Parol Evidence — పారోల్ ఎవిడెన్స్
As used in Dunlop Pneumatic Tyre Co. v. Selfridge, parol evidence is evidence from outside the written contract. Lord Parmoor said it is admissible to prove that the plaintiff is t
Warranty — వారంటీ
In the sense used in Dick Bentley Productions v. Harold Smith (Motors), a warranty is a statement that was intended and understood as a legally binding promise. It may be part of t
Set-Off — సెట్-ఆఫ్
As used in Dick Bentley Productions v. Harold Smith (Motors), a set-off is a sum the buyer claims as damages and deducts from the amount the other side claims from him. Dick Bentle
Counterclaim — కౌంటర్‌క్లెయిమ్
As used in Dick Bentley Productions v. Harold Smith (Motors), a counterclaim is the defendants' own claim against the plaintiff. Here the dealer counterclaimed for 60 pounds for wo
Proof Before Answer — ప్రూఫ్ బిఫోర్ ఆన్సర్ (సమాధానానికి ముందు సాక్ష్యం)
In Scots procedure, a proof (trial of the facts) held under reservation of all objections to the relevancy of the action. Source: Lord Macmillan describes it as a proof under reser
Proximity — ప్రాక్సిమిటీ (సన్నిహిత సంబంధం)
In the law of negligence, a close and direct relation between the person who acts and the person affected. It is not only physical nearness. Source: Lord Atkin explains that it ext
Special Verdict — స్పెషల్ వెర్డిక్ట్ (ప్రత్యేక తీర్పు)
As used in this case, a jury's finding of the facts in which the jurors say they do not know whether the defendants are guilty in law and ask the Court to decide. The judgment does
Conservator of the Peace — కన్సర్వేటర్ ఆఫ్ ది పీస్ (శాంతి పరిరక్షకుడు)
As used in this case, an old peace-keeping office. The Court said it is not the same as a justice of the peace, and that a conservator was almost forgotten and never sued as such.
Non-Natural User — నాన్-నేచురల్ యూజర్ (అసహజ వినియోగం)
As used in this case, a condition added by the House of Lords to the rule in Rylands v. Fletcher. The judgment says that if the defendant's use of land is a natural use, he is not
Exemption Clause — ఎగ్జెంప్షన్ క్లాజ్ (బాధ్యత మినహాయింపు నిబంధన)
As used in this case, a term of a contract that says one party is not liable for certain harm. The judgment says such a clause is read to cover negligence only if the words are cle
Bailment — బెయిల్‌మెంట్ (అప్పగింత)
As used in this case, an arrangement in which one person holds another's goods, and a claim may be brought in tort if the holder (the bailee) fails to deliver them back. The judgme
Relator Action — రిలేటర్ చర్య
A relator action is a suit brought by the Attorney-General on the relation of another body, such as a local council. Source: as used in Attorney-General v. P.Y.A. Quarries Ltd. (me
Undertaking as to Damages — నష్టపరిహార హామీ
An undertaking as to damages is the plaintiff's promise to pay the defendant for any loss caused by an interlocutory injunction if the plaintiff later loses at trial. Source: Lord
Trover — ట్రోవర్
In this case, trover is the action the finder brought against the master. The report does not define the term. ఈ కేసులో trover అంటే దొరికినవాడు యజమానిపై వేసిన దావా. తీర్పు ఈ పదాన్న
Action on the Case — కేసు ఆధారిత దావా
An action on the case is a claim founded on the particular case of the party injured. In Ashby v. White the Lords treated it as the proper remedy for a franchise disturbed. Action
Writ of Error — రిట్ ఆఫ్ ఎర్రర్
In this case, a writ of error is the proceeding by which Ashby took the King's Bench judgment to the House of Lords. The report does not define the term. ఈ కేసులో writ of error అంట
Rule Nisi — రూల్ నిసై
As used in Bird v. Jones, a rule nisi was an order obtained for a new trial, on which counsel later showed cause. Bird v. Jonesలో rule nisi అంటే కొత్త విచారణ (new trial) కోసం పొంది
Misdirection — తప్పుడు నిర్దేశం
As used in Bird v. Jones, misdirection was the ground for the rule for a new trial. It concerned the direction the Lord Chief Justice gave the jury. Bird v. Jonesలో misdirection అం
Seriatim — వరుసగా
Seriatim means one after another. In Bird v. Jones, the judges who heard the argument delivered their judgments seriatim, each giving a separate opinion. Seriatim అంటే ఒకదాని తర్వా
Percolating Water — భూగర్భంలో ఇంకే నీరు
In this case, percolating water is underground water that seeps through the soil by undefined channels and is not shown to flow in any defined stream. The headnote says the owner o
Deceit — డీసీట్
As used in Derry v. Peek, an action of deceit is a common law action for damages against a person whose false statement induced the plaintiff to act. It needs proof of fraud ; a fa
Fraud — ఫ్రాడ్
Fraud is a dishonest act done specifically to deceive another party into a contract — lying about a fact, actively hiding one, promising something with no intention of keepin
Special Relationship — ప్రత్యేక సంబంధం
As used in this case, a relationship between two people, apart from contract, that can give rise to a duty to take care in giving information or advice. It depends on the circumsta
Assumption of Responsibility — బాధ్యత స్వీకరణ
A responsibility that a person voluntarily accepts, generally or for one transaction. Source: Lord Devlin describes it as a relationship equivalent to contract, where but for the a
Indictable Offence — నేరారోపణకు అర్హమైన నేరం
An indictable offence is a crime for which a person can be prosecuted and punished. In this case the question was whether a void agreement in restraint of trade was indictable. Ind
Special Damage — ప్రత్యేక నష్టం (Special Damage)
Special damage, as used in this case, has more than one meaning. Where no right is disturbed apart from the damage, it means the actual and temporal loss that has in fact occurred.
General Damage — సాధారణ నష్టం (General Damage)
General damage is the damage the law presumes will flow in the ordinary course of things from the mere invasion of the plaintiff's rights. The judgment contrasts it with the partic
Slander of Title — టైటిల్ అపవాదు (Slander of Title)
The judgment does not define slander of title. It says slanders of title, written or oral, are similar to actions for falsehoods about a man's goods or business, since damage is th
Prescriptive Right — దీర్ఘకాల వినియోగ హక్కు
As used in St Helen's Smelting Co. v. Tipping, a prescriptive right is a right acquired by a lengthened use of the place. It is an exception to the rule that a trade cannot injure
Latent Ambiguity — లేటెంట్ యాంబిగ్యుటీ
As used in this case, an unclearness that does not show on the face of the contract but appears once outside facts are known. Counsel for the defendants said it appeared the moment
Assimilative Capacity Principle — సాంద్రీకరణ సామర్థ్య సూత్రం (Assimilative Capacity Principle)
As explained in this judgment, the older approach to environmental protection, based on Principle 6 of the 1972 Stockholm Declaration. It assumed that science could tell policy-mak
Wednesbury Unreasonableness — వెడ్నెస్‌బరీ అసమంజసత్వం (Wednesbury Unreasonableness)
As used in this case, the narrow English standard of judicial review under which a court will interfere with an administrative decision only if it is so unreasonable that no reason
Consent Order — అనుమతి ఉత్తర్వు (Consent Order)
An order of a State Pollution Control Board that lets an industry operate within the prescribed emission norms. It does not weigh the wider social cost and environmental impact of
No Objection Certificate (NOC) — నిరభ్యంతర పత్రం (NOC)
As used in this case, a permission GPCB gave to establish an industrial unit, subject to pollution-control measures and later consents. ఈ కేసులో, కాలుష్య నియంత్రణ చర్యలకు, తదుపరి అ
Pleader — ప్లీడర్
As defined in Section 2(15) of the Code of Civil Procedure, cited in this judgment, "Pleader" means any person entitled to appear and plead for another in court, and includes an ad
Professional Misconduct — వృత్తిపరమైన దుష్ప్రవర్తన
As used in this case, professional misconduct is conduct by an advocate that falls short of the standards enforced by the Bar Council of India and State Bar Councils under the Advo
Vakalatnama — వకాలత్‌నామా (న్యాయవాదిని నియమించే పత్రం)
As described in this judgment, a vakalatnama is the signed written document by which a party appoints a Pleader to act for him in court. Order 3, rule 4 of the Code of Civil Proced
Fiduciary Relationship — విశ్వాస సంబంధం
As used in this case, a relationship of trust that the Courts of Equity recognised, such as trustee and beneficiary, solicitor and client, parent and child, or guardian and ward. B
Contract of Personal Service — వ్యక్తిగత సేవా ఒప్పందం
As explained in this judgment, a contract "of personal service" (a "contract of service") is one where the person hiring the service keeps direct control and supervision over how t
Contract for Services — సేవల కోసం ఒప్పందం
As explained in this judgment, a "contract for services" is one where a person undertakes to render professional or technical services to another, using their own skill, knowledge
Legal Fiction — న్యాయపరమైన కల్పన
As used in paras 100-101, a rule of law that assumes facts for a set purpose. The Court applies it only for that purpose and not beyond. ఒక నిర్దిష్ట ప్రయోజనం కోసం ఏదైనా నిజమని భావ
Non Obstante Clause — నాన్ ఆబ్‌స్టాంటే నిబంధన
As used in Kamal Gupta v. L.R. Builders, the non obstante clause in Section 5 of the Arbitration and Conciliation Act, 1996 limits judicial intervention to matters the Act expressl
Alternative Institutional Mechanism — ప్రత్యామ్నాయ సంస్థాగత వ్యవస్థ
A body other than a High Court or the Supreme Court, created by law, given the power of judicial review in place of the High Court. The theory, from Sampath Kumar's case, is that t
Protest Petition — ప్రొటెస్ట్ పిటిషన్ (Protest Petition)
As used in this case, an objection filed by a complainant against the police's final report that no offence was made out, asking the Magistrate to proceed with the case anyway. The
Committal Order — కమిటల్ ఆర్డర్ (Committal Order)
As used in this case, a Magistrate's order sending an accused person's case to the Sessions Court for trial. The judgment does not give a formal definition. ఈ కేసులో ఉపయోగించినట్లు
Non-Bailable Warrant — నాన్-బెయిలబుల్ వారంట్ (Non-Bailable Warrant)
As used in this case, a court order directing the police to arrest a person and produce them before the court, without releasing them on bail. The judgment does not give a formal d
Quashing — క్వాషింగ్ (Quashing)
As used in this case, a court order that sets aside and ends criminal proceedings, so the case cannot continue. The judgment does not give a formal definition. ఈ కేసులో ఉపయోగించినట
Catch-Up Rule — క్యాచ్-అప్ రూల్ (Catch-Up Rule)
The rule that a reserved-category employee who gets an accelerated (roster-point) promotion does not thereby gain seniority over a senior general-category employee who is promoted
Consequential Seniority — కన్సీక్వెన్షియల్ సీనియారిటీ (Consequential Seniority)
Seniority in the promoted grade that a reserved-category employee carries forward from an earlier accelerated (roster-point) promotion, so that they keep ranking above a general-ca
Width Test — విడ్త్ టెస్ట్ (Width Test)
One of the twin tests for judging whether a constitutional amendment violates the basic structure: it asks whether the amendment removes ("obliterates") any constitutional limitati
Quantifiable Data — క్వాంటిఫయబుల్ డేటా (Quantifiable Data)
As used in this case, objective, measurable figures that a State must collect and place before a court to justify a decision, rather than a general impression or assumption. The ju
Self-Acquired Property — స్వయంగా సంపాదించిన ఆస్తి
Property that a person acquires through their own effort, skill, or funds — without using joint family funds and without any detriment to the joint family — rather than by inheriti
Fresh Stock of Descent — నూతన వారసత్వ మూలం
A person from whom a fresh line of succession begins, as though inheritance started afresh from them. Courts use this phrase to say when someone is not a fresh stock of descent: a
Factum of Adoption — దత్తత వాస్తవం
As used in this case, whether an adoption actually took place, as a plain question of fact — separate from whether that adoption was legally valid. A person who relies on an adopti
Onus of Proof — నిరూపణ భారం
The duty to prove a point. As used in the Taj Trapezium case, under the Precautionary Principle the onus of proof is on the industry to show that its action is environmentally beni
Vested Right — వెస్టెడ్ రైట్ (స్థిరపడిన హక్కు)
As used in this case, a right that had already become fixed when the coparcener died. The appellants said that on the father's death a notional partition crystallised the heirs' sh
Concurrent Findings of Fact — కంకరెంట్ ఫైండింగ్స్ ఆఫ్ ఫాక్ట్ (ఏకీభవించిన వాస్తవ నిర్ధారణలు)
As used in this case, findings of fact that the trial court and the High Court both reached. The Court said concurrent findings of fact cannot be disturbed under Article 136 of the
Patta — పట్టా
As used in this case, a land-revenue document said to have been issued for each brother's share of the family land after the alleged 1895 partition. The judgment does not define th
Ryotwari Settlement — రైతువారీ సెటిల్‌మెంట్
As used in this case, a 1906 land-revenue settlement register that would have recorded the four brothers' names separately had the family really divided its land in 1895. The judgm
Presumption of Marriage — వివాహ ఊహ (Presumption of Marriage)
As used in this case, the law's assumption that a man and woman who lived together as husband and wife are validly married. The judgment says the law presumes in favour of marriage
Rebuttable Presumption — ఖండించదగిన ఊహ
As used in Seema v. Ashwani Kumar: a registered marriage gives a "rebuttable presumption of the marriage having taken place". The judgment does not define the term. Registration is
Custom and Usage — ఆచారం మరియు వాడుక
Section 3(a) of the Hindu Marriage Act, 1955, as quoted in the judgment, defines "custom" and "usage" as any rule which, having been continuously and uniformly observed for a long
Abetment — ప్రేరేపణ
As used in this case, helping or encouraging another person to commit an offence, charged here under Section 494 read with Section 114 of the Indian Penal Code, 1860. The judgment
Solemnisation — సోలెమ్నైజేషన్ (వివాహ వేడుక నిర్వహణ)
As used in this case, performing a marriage with ceremonies in proper form. The judgment says the word solemnised means to perform the marriage with ceremonies in proper form, and
Void Marriage — వాయిడ్ మ్యారేజ్ (చెల్లని వివాహం)
Section 11 of the Hindu Marriage Act, 1955, as quoted in the judgment, makes a marriage solemnised after the Act's commencement null and void if it contravenes clause (i), (iv) or
Gandharva Marriage — గాంధర్వ వివాహం
"Gandharva marriage" is one of the eight classical forms of Hindu marriage, arising purely from the mutual love and consent of the man and woman, without any formal ceremony or inv
Doctrine of Eclipse (గ్రహణ సిద్ధాంతం)
The rule that a pre-Constitution law inconsistent with a Fundamental Right is not void from the beginning — it merely becomes unenforceable, or "eclipsed," for as long as the incon
Remand to Custody — కస్టడీ రిమాండ్
As used in this case, a Magistrate's order keeping an arrested person in police or judicial custody for a further period while investigation continues. The judgment does not define
Public Law Compensation — ప్రజా చట్ట పరిహారం
As used in Nilabati Behera v. State of Orissa: a claim for compensation for contravention of fundamental rights, made under Article 32 or Article 226. The Court said it rests on st
Exemplary Damages — శిక్షాత్మక నష్టపరిహారం
As used in Nilabati Behera v. State of Orissa: compensation awarded against the wrongdoer for breach of its public law duty. Dr. Anand, J. said it is independent of the right to cl
First Information Report — ఎఫ్.ఐ.ఆర్. (First Information Report)
As used in this case, the police's first written record of a complaint, which starts a criminal investigation. The judgment does not define the term; it records that one such repor
Malice — దురుద్దేశం
In tort law, malice has two distinct technical senses. "Malice in fact" (actual malice) means a lawful act done with real personal ill-will or spite. "Malice in law" (implied malic
Climate Justice — వాతావరణ న్యాయం (Climate Justice)
The principle that the burdens and benefits of climate change and of climate action must be shared fairly. It asks who caused the problem, who suffers from it and who should pay fo
Loss and Damage — నష్టం మరియు హాని (Loss and Damage)
In climate law, the harm that countries and communities suffer from climate change impacts that cannot be avoided by adaptation, such as destroyed land, homes or livelihoods. It is
Bioethics — జీవనైతికత (Bioethics)
The study of the moral questions that arise from the use of living organisms in medicine, biotechnology, agriculture and research. In environmental law it guides how humans may use
Noise Pollution — శబ్ద కాలుష్యం (Noise Pollution)
Unwanted or excessive sound that disturbs people or harms health, measured in decibels. In India it is regulated under the Environment (Protection) Act, 1986 through the Noise Poll
Carbon Footprint — కార్బన్ పాదముద్ర (Carbon Footprint)
The total greenhouse gas emissions linked to an activity, product or organisation, usually expressed in carbon dioxide equivalent. It is a way of measuring a contribution to climat
International Humanitarian Law — అంతర్జాతీయ మానవతా చట్టం (International Humanitarian Law)
The body of international law, also called the law of armed conflict, that limits how wars may be fought and protects people and objects not taking part in the fighting. Its main s
Coastal Regulation Zone (CRZ) — తీర నియంత్రణ మండలి (CRZ)
The stretch of coastal land and intertidal area, measured from the high tide line, where activities are restricted or regulated under a notification issued under the Environment (P
Exclusive Economic Zone (EEZ) — ప్రత్యేక ఆర్థిక మండలి (EEZ)
The sea area up to 200 nautical miles from the coast in which a coastal State has sovereign rights over living and non-living resources and a duty to protect the marine environment
Sustainable Development Goals (SDGs) — సుస్థిర అభివృద్ధి లక్ష్యాలు (SDGs)
The 17 goals and 169 targets adopted by the UN General Assembly in 2015 as part of the 2030 Agenda for Sustainable Development, to be met by 2030. They replaced the Millennium Deve
Government Contract — ప్రభుత్వ ఒప్పందం (Government Contract)
A contract made in the exercise of the executive power of the Union or a State. Under Article 299(1) of the Constitution it must be expressed to be made by the President or Governo
Mediation Agreement — మధ్యవర్తిత్వ ఒప్పందం (Mediation Agreement)
A written agreement between parties to submit disputes, whether already arisen or likely to arise, to mediation. Under Section 4 of the Mediation Act, 2023 it may be a clause in th
Mediated Settlement Agreement — మధ్యవర్తిత్వ పరిష్కార ఒప్పందం (Mediated Settlement Agreement)
A written agreement between some or all of the parties, resulting from mediation and authenticated by the mediator. Under Sections 27 and 28 of the Mediation Act, 2023 it is final
Digital Tort — డిజిటల్ టార్ట్ (Digital Tort)
A civil wrong committed using computers, the internet, social media or other digital technology, such as online defamation , misuse of personal data or domain-name passing off . It
Dattaka — దత్తక (Dattaka)
In ancient Hindu law, a son given in adoption by his natural parents to another person. It was one of the twelve kinds of sons listed by Manu and became the form of adoption most w
Inter-Country Adoption — అంతర్ దేశీయ దత్తత (Inter-Country Adoption)
Adoption of a child from one country by parents who live in another. Under Section 59 of the Juvenile Justice Act, 2015, it is allowed only if the child could not be placed with an
Right of Residence — నివాస హక్కు (Right of Residence)
Under old Section 23 of the Hindu Succession Act, 1956, the right of a female heir to live in the family dwelling house even though she could not demand its partition until the mal
Constitutional Morality — రాజ్యాంగ నైతికత (Constitutional Morality)
A commitment to the values and procedures of the Constitution, such as liberty, equality, fraternity, dignity and the rule of law, over personal views, popular opinion or convenien
Franchise — ఫ్రాంచైజ్
As used in Gujarat Bottling Co. Ltd. v. Coca Cola Co., a franchise is a permission to manufacture, bottle and sell goods covered by another's trade marks, on the terms laid down in
Registered User — రిజిస్టర్డ్ యూజర్
As used in Gujarat Bottling Co. Ltd. v. Coca Cola Co., a registered user is a person other than the registered proprietor of a trade mark who is registered to use it under Sections
Arbitration Agreement — ఆర్బిట్రేషన్ ఒప్పందం
As used in Trimex International FZE Ltd. v. Vedanta Aluminium Ltd., an arbitration agreement is a term under which disputes from a contract are to be settled by arbitration. The Co
Arbitrator — ఆర్బిట్రేటర్
As used in Trimex International FZE Ltd. v. Vedanta Aluminium Ltd., an arbitrator is the person appointed to resolve a dispute under an arbitration clause. The Court appointed Just
Charter Party — చార్టర్ పార్టీ
As used in Trimex International FZE Ltd. v. Vedanta Aluminium Ltd., a charter party is the shipping agreement between the petitioner and the ship owner for carrying the cargo. Its
Heads of Agreement — హెడ్స్ ఆఫ్ అగ్రిమెంట్
As used in Trimex International FZE Ltd. v. Vedanta Aluminium Ltd., quoting Pagnan SPA v. Feed Products Ltd., heads of agreement are agreements in which the parties agree to be bou
Waiver — వేవర్
As used in Kailash Nath Associates v. Delhi Development Authority, waiver is what the Single Judge found when DDA did not insist on a payment date: time as the essence of the contr
Contract of Service — కాంట్రాక్ట్ ఆఫ్ సర్వీస్
As used in Sushilaben Indravadan Gandhi v. New India Assurance Company Limited, a contract of service is an employment contract between master and servant. It is contrasted with a
Marshalling — మార్షలింగ్
As used in J.P. Builders v. A. Ramadas Rao, marshalling is the rule that a creditor who can recover his debt from several funds must not, by using his right, harm another creditor
Cloud on Title — క్లౌడ్ ఆన్ టైటిల్
As used in Anathula Sudhakar v. P. Buchi Reddy, a cloud on title arises when some apparent defect in a person's title to property, or some prima facie right of a third party over i
Ostensible Owner — ఆస్టెన్సిబుల్ ఓనర్
As used in Anathula Sudhakar v. P. Buchi Reddy, an ostensible owner is a person who appears to own property with the express or implied consent of the true owner. To claim the prot
Right of First Refusal — రైట్ ఆఫ్ ఫస్ట్ రిఫ్యూజల్
As used in Percept D'Mark (India) Pvt. Ltd. v. Zaheer Khan, a right of first refusal is a clause that makes a person give another party written notice of a third-party offer and a
E-Filing — ఎలక్ట్రానిక్ దాఖలు
The facility, under Section 35 of the Consumer Protection Act, 2019, to submit a complaint and supporting documents in electronic mode, without physically travelling to the Commiss
Restraint of Trade — రిస్ట్రెయింట్ ఆఫ్ ట్రేడ్
A restraint of trade clause is any agreement term stopping someone from practising a lawful profession, trade, or business. Indian law voids these to the extent they restrain trade
Writ (రిట్)
A formal written order issued by a court (in India, the Supreme Court under Article 32 or a High Court under Article 226) directing a person, authority, or lower court to do or ref
Incitement — ఇన్సైట్‌మెంట్ (రెచ్చగొట్టడం)
As used in this case, the third of three concepts that mark the reach of free speech: discussion, advocacy and incitement. Mere discussion or advocacy is at the heart of Article 19
Clear and Present Danger — స్పష్టమైన, తక్షణ ప్రమాదం (Clear and Present Danger)
The test given by Justice Holmes in Schenck v. United States, set out in this judgment. The question in every case is whether the words are used in such circumstances and are of su
Freedom of Conscience — అంతఃకరణ స్వేచ్ఛ (Freedom of Conscience)
The freedom guaranteed to all persons by Article 25(1), together with the right freely to profess, practise and propagate religion. In Bijoe Emmanuel, the Court tested a claim unde
Departmental Instruction — శాఖాపరమైన ఆదేశం (Departmental Instruction)
An order or circular issued by a department without the authority of a statute. In Bijoe Emmanuel, the Court held that such an instruction is not a law that can restrict a freedom
Condonation — కండోనేషన్ (క్షమించి తిరిగి చేర్చుకోవడం)
Condonation means forgiveness of a matrimonial offence and restoration of the offending spouse to the same position as before the offence. Under section 23(1)(b) of the Hindu Marri
Preponderance of Probabilities — సంభావ్యతల ప్రాబల్యం
Preponderance of probabilities is the civil standard of proof. A fact is proved if the court believes it exists, or finds it so probable that a prudent person would act on the beli
Lien — హక్కు (Lien)
The right of a government servant to hold a permanent post, so that the post cannot be filled substantively by someone else while the right continues. In Royappa, the Court held th
Officiating Appointment — తాత్కాలిక నియామకం (Officiating Appointment)
An appointment to perform the duties of a post without holding it substantively, for example while another person keeps a lien on it. In Royappa, the Court held that the petitioner
Authenticated Order — ధృవీకరించిన ఉత్తర్వు (Authenticated Order)
A government order in the Governor's name that an authorised officer has signed to show it is genuine. In Royappa, the Court held that authentication excludes only the challenge th
Penalty — పెనాల్టీ
As used in Kailash Nath Associates v. Delhi Development Authority, a penalty is a stipulation by which a contract names a sum or forfeiture on breach. Under Section 74 the court aw
Earnest Money — ఎర్నెస్ట్ మనీ
As used in Kailash Nath Associates v. Delhi Development Authority, earnest money is a deposit given at the moment the contract is concluded, to guarantee that the contract will be
Mesne Profits — మెస్నే ప్రాఫిట్స్
Mesne profits are the profits a person in wrongful possession of property actually received, or might with ordinary diligence have received from it, together with interest on those
Cross-Objections — ప్రతి అభ్యంతరాలు
As used in this case: the plaintiff filed cross-objections to the defendant's first appeal and the High Court allowed them. ఈ కేసులో ఉపయోగించినట్లు: వాది, ప్రతివాది మొదటి అప్పీలుపై
Testator — టెస్టేటర్
As used in this case: the person who makes a will. Here the testatrix (a woman testator) was Lakshmamma, who had died by the time the will was produced in court. ఈ కేసులో ఉపయోగించి
Propounder — ప్రొపౌండర్
As used in this case: the party who puts forward a will and claims under it. The propounder must prove due and valid execution and must remove suspicious circumstances. ఈ కేసులో ఉప
Probate — ప్రొబేట్
As used in this case: the court's grant of proof of a will. The Court said probate should not be granted to a chief beneficiary who took a leading part, unless the evidence removes
Caveat — కేవియట్
As used in this case: an objection filed against a will being proved. If a caveat alleges undue influence, fraud or coercion, the caveators may have to prove those pleas. ఈ కేసులో
Suspicious Circumstances — అనుమానాస్పద పరిస్థితులు
As used in this case: circumstances around the making of a will that raise doubt about whether it is the testator's free act. They cannot be exhaustively listed and are a question
Sound and Disposing State of Mind — సుస్థిర మానసిక స్థితి
As used in this case: the mental state needed to make a valid will. Section 59 of the Indian Succession Act lets a person of sound mind who is not a minor make a will. ఈ కేసులో ఉపయ
Attestation — అటెస్టేషన్
As used in this case: witnesses attesting a will. Section 63 of the Indian Succession Act, as described in the judgment, which requires attestation by two or more witnesses. ఈ కేసు
Case Diary — కేసు డైరీ (Case Diary)
The police record of an investigation. In Joginder Kumar, the Court required the police to note in it who was told of an arrest, and the reasons for making the arrest. దర్యాప్తు గు
Necessity Principle — అవసర సూత్రం (Necessity Principle)
The idea that police may use the power of arrest only where it is genuinely necessary to prevent offences or to investigate crime. In Joginder Kumar, the Court noted that the Engli
Sedition — సెడిషన్ (రాజద్రోహం)
As used in this case, the offence in Section 124A of the Indian Penal Code: bringing or attempting to bring the Government established by law into hatred or contempt, or exciting o
Prohibitory Injunction — ప్రొహిబిటరీ ఇంజంక్షన్
A prohibitory injunction is a court order that forbids a person from doing an act. It is the opposite of a mandatory injunction , which compels a person to do an act. Section 38 of
Perpetual Injunction — పెర్పెచ్యువల్ ఇంజంక్షన్
A perpetual injunction is a final court order that stops a person for good from asserting a right or doing an act that would go against the plaintiff&39;s rights. Under section 37(
Intention to Create Legal Relations — చట్టపరమైన బంధాన్ని సృష్టించే ఉద్దేశం
Intention to create legal relations means that the parties meant their agreement to have legal consequences, so that a court can enforce it. As used in Balfour v. Balfour, an every
Counter-Offer — కౌంటర్ ఆఫర్
A counter-offer is a reply to an offer that changes its terms or adds a condition. Section 7(1) of the Indian Contract Act, 1872 requires an acceptance to be absolute and unqualifi
Past Consideration — పాస్ట్ కన్సిడరేషన్
Past consideration is an act done before the promise was made, at the desire of the promisor. Section 2(d) of the Indian Contract Act, 1872 says consideration may be something the
Standing Offer — స్టాండింగ్ ఆఫర్
A standing offer, also called a continuing offer, is an offer that stays open for a period and can be accepted again and again. Each acceptance, such as an order placed under it, m
Promissory Estoppel — ప్రామిసరీ ఎస్టాపెల్
Promissory estoppel stops a person from going back on a promise that the other side relied on and acted on. The Supreme Court applied it against the Government in Motilal Padampat
Goodwill — గుడ్‌విల్
Goodwill is what a buyer gets along with a business, so that the buyer can carry it on. Exception 1 to section 27 of the Indian Contract Act, 1872 allows a person who sells the goo
Restitution — రెస్టిట్యూషన్
Restitution means giving back a benefit received. Section 64 of the Indian Contract Act, 1872 requires a party who rescinds a voidable contract to restore any benefit received, so
Remission — రెమిషన్
Remission means a promisee gives up, wholly or in part, his right to have a promise performed. Section 63 of the Indian Contract Act, 1872 lets every promisee dispense with or remi
Reciprocal Promises — రెసిప్రోకల్ ప్రామిసెస్
Reciprocal promises are promises that form the consideration, or part of the consideration, for each other. Section 2(f) of the Indian Contract Act, 1872 defines them in these word
Discharge of Contract — డిశ్చార్జ్ ఆఫ్ కాంట్రాక్ట్
Discharge of a contract means the end of the rights and duties that the contract created. The Indian Contract Act, 1872 does not define the term. It lists the situations in which a
Breach of Contract — బ్రీచ్ ఆఫ్ కాంట్రాక్ట్
Breach of contract means a party fails or refuses to perform his promise without lawful excuse. The Indian Contract Act, 1872 does not define the term. Section 39 lets the promisee
Joint Promisors — జాయింట్ ప్రామిసర్స్
Joint promisors are two or more persons who make one promise to the same promisee. Under section 43 of the Indian Contract Act, 1872, the promisee may compel any one or more of the
Finder of Goods — పోయిన వస్తువులను కనుగొన్నవారు
A finder of goods is a person who finds goods belonging to another and takes them into his custody. Section 71 of the Indian Contract Act, 1872 makes him subject to the same respon
Mitigation of Damages — నష్టాన్ని తగ్గించడం
Mitigation of damages means taking reasonable steps to reduce the loss caused by a breach of contract. The Explanation to section 73 of the Indian Contract Act, 1872 requires that
Specific Relief — నిర్దిష్ట ఉపశమనం
Specific relief is relief given in the exact form the person is entitled to, such as the land, the performance of the contract, a corrected document, a declaration or an order stop
Rectification of Instrument — పత్రం సవరణ
Rectification of an instrument means that a court corrects a written contract or other instrument that does not express the real intention of the parties because of fraud or a mutu
Preventive Relief — నివారణ ఉపశమనం
Preventive relief is relief that prevents a wrong or stops it from continuing. Section 36 of the Specific Relief Act, 1963 says that it is granted at the discretion of the court by
Responsible Government — బాధ్యతాయుత ప్రభుత్వం
Responsible government is a system in which the ministers who run the executive must answer to an elected legislature and can be removed by it. The Montagu declaration of 20 August
Separate Electorates — ప్రత్యేక నియోజకవర్గాలు
Separate electorates are a system in which the voters of a community vote only for candidates of their own community, for seats set aside for it, instead of voting from one common
Provincial Autonomy — ప్రావిన్షియల్ స్వయంప్రతిపత్తి
Provincial autonomy was the system under the Government of India Act, 1935 in which each province was governed by Ministers answerable to the elected provincial legislature for all
Constituent Assembly — రాజ్యాంగ సభ
A constituent assembly is a body chosen to frame the constitution of a country. India&39;s Constituent Assembly met for the first time on 9 December 1946 and adopted the Constituti
Secularism — లౌకికవాదం
Secularism, in the Indian Constitution, is the character described by the word "secular" in the Preamble. The Constitution gives every person freedom of conscience and th
Citizenship — పౌరసత్వం
Citizenship is the legal status of being a citizen of India. Part II (Articles 5 to 11) says who were citizens when the Constitution began on 26 January 1950, and Article 11 leaves
Fundamental Rights — ప్రాథమిక హక్కులు
Fundamental Rights are the rights guaranteed in Part III of the Constitution (Articles 12 to 35). Article 13 makes a law void to the extent that it conflicts with them. Article 32
Union Territory — కేంద్ర పాలిత ప్రాంతం
A Union territory is a territory of India that is not a State and is administered by the Union. Article 1(3)(b) counts the Union territories specified in the First Schedule as part
Animus Manendi — శాశ్వతంగా ఉండే ఉద్దేశం
Animus manendi is a Latin phrase for the state of mind of intending to make a place one&39;s permanent home and to continue to live there permanently. In Louis De Raedt v. Union of
Presidential Reference — రాష్ట్రపతి నివేదన
A Presidential reference is a question of law or fact that the President sends to the Supreme Court for its opinion under Article 143(1). The President may do so when the question
State under Article 12 — అధికరణ 12 కింద రాజ్యం
In Part III, "the State" includes the Government and Parliament of India, the Government and the Legislature of each State, and all local or other authorities within the
Reservation — రిజర్వేషన్
Reservation, in Articles 15 and 16, means setting aside a share of seats or posts for a named group. Article 16(4) lets the State reserve appointments or posts for a backward class
Intelligible Differentia — ఇంటెలిజిబుల్ డిఫరెన్షియా (స్పష్టమైన భేదం)
An intelligible differentia is a real and identifiable basis that separates the persons or things grouped together from those left out. In Ram Krishna Dalmia, the Court said a vali
Substantive Equality — సారభూత సమానత్వం
Substantive equality means equality of real position, not only equal rules on paper. In N.M. Thomas, the Court held that Article 16(1) is not a rigid, formal equality. It can allow
Reasonable Restriction — సహేతుక పరిమితి
A reasonable restriction is a limit on a freedom in Article 19(1) that a law may impose, but only on the grounds listed in Article 19(2) to (6). The Constitution does not define th
Right to Privacy — గోప్యత హక్కు
In Puttaswamy, a nine-judge Bench unanimously held that the right to privacy is a fundamental right. It is part of the right to life and personal liberty in Article 21 and of the f
Due Process — డ్యూ ప్రాసెస్ (న్యాయసమ్మత ప్రక్రియ)
Due process is a phrase from the American Constitution. It lets a court ask whether the procedure in a law is itself fair. Article 21 does not use the phrase. It says "procedu
Arrest Memo — అరెస్టు మెమో
An arrest memo is the written record that the arresting officer must prepare at the time of arrest. D.K. Basu requires it to state the time and date of arrest, to be attested by at
Forced Labour — బలవంతపు శ్రమ
Forced labour is the phrase in Article 23(1) that sits beside traffic in human beings and begar. The Article prohibits it, and any contravention is an offence punishable in accorda
Religious Instruction — మత బోధన
Religious instruction is the phrase Article 28 uses without defining it. Clause (1) bars it in an educational institution wholly maintained out of State funds. Clause (2) excepts a
Estate — ఎస్టేట్ (భూమిపై హక్కుల యూనిట్)
In Article 31A, estate has the meaning the term has in the existing land-tenure law of the local area. It also includes any jagir, inam or muafi or similar grant, and in Tamil Nadu
Non-justiciable — న్యాయసాధ్యం కానిది
Non-justiciable describes a provision that no court can enforce. Article 37 says the provisions of Part IV shall not be enforceable by any court. So a person cannot ask a court for
Right to Livelihood — జీవనోపాధి హక్కు
The right to livelihood is the right to the means of earning a living. As recorded in L.I.C. of India v. Consumer Education and Research Centre, a Constitution Bench in Olga Tellis
Equal Pay for Equal Work — సమాన పనికి సమాన వేతనం
Equal pay for equal work is the policy in Article 39(d). It directs the State to secure that there is equal pay for equal work for both men and women. It is a Directive Principle,
Environmental Pollutant — పర్యావరణ కాలుష్యకారి
An environmental pollutant is any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment. This is the meaning in sectio
Biological Resources — జీవ వనరులు
Biological resources include plants, animals, micro-organisms or parts of their genetic material and derivatives (excluding value added products), with actual or potential use or v
Fair and Equitable Benefit Sharing — న్యాయమైన, సమానమైన లాభ పంపిణీ
Fair and equitable benefit sharing means sharing of benefits as determined by the National Biodiversity Authority under section 21 of the Biological Diversity Act, 2002. The Author
Air Pollution Control Area — వాయు కాలుష్య నియంత్రణ ప్రాంతం
An air pollution control area is an area that the State Government declares by notification, after consulting the State Board, under section 19 of the Air (Prevention and Control o
Adjudicating Officer — అడ్జుడికేటింగ్ అధికారి
An adjudicating officer is an officer appointed under an environmental law to decide the amount of a monetary penalty for a contravention. In the Environment (Protection) Act, 1986
Consent to Establish and Operate — స్థాపన, నిర్వహణకు అనుమతి
Consent to establish and consent to operate are the previous consents a State Pollution Control Board gives before an industry is set up and before it runs. The Water Act, 1974 (se
Manifest — మానిఫెస్ట్
A manifest is the transporting document prepared and signed by the sender of hazardous or other waste, in the form the Rules require. It moves with the waste and shows who sent it
Epistolary Jurisdiction — లేఖ ఆధారిత అధికార పరిధి
Epistolary jurisdiction is the practice of treating a letter as a writ petition. In Rural Litigation and Entitlement Kendra v. State of U.P., the Supreme Court treated a letter abo
Concurrent List — ఉమ్మడి జాబితా
The Concurrent List is List III of the Seventh Schedule. Under article 246(2), both Parliament and a State Legislature can make laws on its subjects. Article 254 settles a conflict
Repugnancy — విరుద్ధత
Repugnancy is a conflict between a State law and a law made by Parliament on a Concurrent List subject. Under article 254(1), the State law is void to the extent of the conflict. A
Right to Development — అభివృద్ధి హక్కు
The right to development is the claim of people to take part in and benefit from development. The Declaration on the Right to Development, 1986 calls it an inalienable human right.
No-Harm Principle — హాని చేయరాదనే సూత్రం
The no-harm principle says a State must not use its territory, or let it be used, to cause serious injury to another State. The Trail Smelter tribunal stated it for fumes crossing
State Responsibility — రాజ్య బాధ్యత
State responsibility is the legal duty of a State to answer for a breach of its obligations towards another State. In the Trail Smelter case, Canada was made to pay compensation an
Due Diligence — తగిన శ్రద్ధ
Due diligence is the duty of a State to take reasonable steps to prevent harm from activities in its territory. A State that licenses, inspects and controls an activity with care m
Forum Non Conveniens — ఫోరమ్ నాన్ కన్వీనియన్స్
Forum non conveniens is a Latin phrase for the rule that a court may decline a case because another court is a more suitable place to hear it. A United States court used it to send
Separate Corporate Personality — ప్రత్యేక కార్పొరేట్ వ్యక్తిత్వం
Separate corporate personality is the rule that a company is a legal person distinct from its shareholders. A parent company is not automatically liable for the wrongs of its subsi
Nationally Determined Contribution (NDC) — జాతీయంగా నిర్ణయించిన సహకారం (NDC)
A Nationally Determined Contribution is a country&39;s own plan, under the Paris Agreement, to cut or limit its greenhouse gas emissions. Each Party prepares, communicates and upda
Range State — రేంజ్ స్టేట్
A range state is a country in which a migratory species lives or which it crosses on its journey. The Bonn Convention asks range states to cooperate because no single country can p
Wise Use — వివేకవంతమైన వినియోగం
Wise use is the Ramsar Convention&39;s duty on each Party to promote the conservation and sensible use of all wetlands in its territory, and not only those listed as sites of inter
Polygamy — బహు వివాహం
Polygamy is the state of having more than one spouse at the same time. It has two forms: polygyny (one husband, several wives) and polyandry (one wife, several husbands). For Hindu
Bail — బెయిల్ (Bail)
As used in this case, the release of an accused person before trial, either on a personal bond or against sureties. The Court said the bail system then worked with a property-orien
Personal Bond — వ్యక్తిగత పూచీకత్తు పత్రం (Personal Bond)
As used in this case, a bond that an accused signs himself, with a promise to appear at the trial, so that he can be released without sureties. The Court said that the bond usually
Surety — పూచీదారు (Surety)
As used in this case, a person who stands bail for an accused and must show enough money to pay the bail amount if the accused fails to appear. The Court said courts mechanically i
Undertrial Prisoner — విచారణ ఖైదీ (Undertrial Prisoner)
As used in this case, a person kept in jail while awaiting trial in a court of law. The Court said many such prisoners in Bihar had been in jail for years without their trial even
Speedy Trial — త్వరిత విచారణ (Speedy Trial)
As used in this case, a reasonably expeditious trial. The Court held that it is an integral and essential part of the right to life and liberty in Article 21, even though it is not
Agreement — అగ్రిమెంట్
An agreement, in law, is simply a promise or a set of promises where each side's promise forms the consideration for the other's. It's a broader, looser category than a contract —
Promisor and Promisee — ప్రామిసర్ మరియు ప్రామిసీ
The promisor is the person who makes a proposal to another, and the promisee is the person that proposal is made to and who accepts it. These two labels only get fixed once a propo
Adoption — అడాప్షన్ (దత్తత)
As used in this case, the legal act by which a child is taken from the family of its birth into the adoptive family. Under sections 11 and 12 of the Hindu Adoptions and Maintenance
Ejectment — ఎజెక్ట్‌మెంట్ (తొలగింపు దావా)
As used in this case, a suit to remove a person from property he has taken possession of. The judgment does not give a formal definition. ఈ కేసులో, ఒక వ్యక్తి స్వాధీనం చేసుకున్న ఆస
Ordinary Tenant — సాధారణ కౌలుదారు
As used in this case, a tenant under the Madhya Bharat Land Revenue and Tenancy Act, 1950, who is entitled to hold the land on the terms agreed with the person from whom he holds.
Pakka Tenant — పక్కా కౌలుదారు
As used in this case, a class of tenant for whom the Madhya Bharat Land Revenue and Tenancy Act, 1950 has special provisions, including on heritability. The Court said such special
Mutation of Names — పేర్ల మ్యుటేషన్
As used in this case, the recording of a new holder's name for land after the earlier holder loses his rights, for example by death. Under section 86 of the Madhya Bharat Act, the
Heritability — వారసత్వంగా సంక్రమించే హక్కు
As used in this case, whether a tenant's rights pass to his heirs on his death. The Court held that, for ordinary tenancies, heritability in the absence of a special statutory prov
Will — వీలునామా
As used in this case: a document by which a person disposes of property after death. A will speaks from the death of the testator, who cannot then say whether it is his will. ఈ కేస
Survivorship — సర్వైవర్‌షిప్
Survivorship is the traditional Mitakshara rule under which a deceased coparcener 's interest in coparcenary property automatically passes to the surviving coparceners, rather than
Coparcenary — కోపార్సినరీ
A coparcenary is the narrower body within a Mitakshara joint family whose members acquire an interest in ancestral property by birth — traditionally the common ancestor plus three
Joint Hindu Family — ఉమ్మడి హిందూ కుటుంబం
A Joint Hindu Family (also called a Hindu Undivided Family) is the larger social and legal unit consisting of a common male ancestor, all his lineal descendants, their wives, and u
Easement — సౌకర్య హక్కు
As used in Sturges v. Bridgman, an easement is a right over or from a neighbour's land that can be claimed by long use. The confectioner claimed an easement to make noise and vibra
Servient Tenement — భారం మోసే ఆస్తి
As used in Sturges v. Bridgman, the servient tenement is the land of the person against whom an easement is claimed. Here it was the physician's land. Sturges v. Bridgmanలో servien
Lost Grant — కోల్పోయిన grant
As used in Sturges v. Bridgman, a lost grant is the fiction that long use of a right means the landowner once granted it, though the document is lost. Sturges v. Bridgmanలో lost gr
Khatedar — ఖాతేదార్ (Khatedar)
As used in this case, a person who may keep in arrears the land revenue of his khata, under the Gwalior Qanoon Ryotwari. The judgment does not define khatedar or khata. ఈ కేసులో, గ
Gairdakhilkar — గైర్‌దఖిల్‌కార్ (Gairdakhilkar)
As used in this case, a kind of cultivator of agricultural land. The plaintiffs described themselves as gairdakhilkar cultivators. The judgment does not give a formal definition. ఈ
Juridical Possession — న్యాయపరమైన స్వాధీనం (Juridical Possession)
As used in this case, the possession of a person that the law protects, even if he has no right to continue in possession. The Court quoted this phrase from Chagla C.J. and did not
Settled Possession — స్థిరపడిన స్వాధీనం
Settled possession is possession that has continued for some time with the owner's knowledge. In Krishna Ram Mahale v. Shobha Venkat Rao (1989), the Supreme Court held that a perso
Locus Standi — లోకస్ స్టాండీ
As used in M.C. Mehta v. Union of India, locus standi is the standing to approach the court. The Court endorsed a broader locus standi: a public-spirited individual or social actio
Pro Bono Publico — ప్రో బోనో పబ్లికో
As used in M.C. Mehta v. Union of India, pro bono publico (a Latin phrase) describes a public-spirited individual or social action group who writes to the Court for the poor and di
State Action Doctrine — స్టేట్ యాక్షన్ సిద్ధాంతం
The State action doctrine is an American theory. Under it, private activity that is aided, facilitated or supported by the State in a significant measure takes the colour of State
Riparian Owner — నదీతీర యజమాని
As used in M.C. Mehta v. Union of India (Ganga Pollution Case), a riparian owner is a person who has suffered from pollution of a river and can bring an action at common law to res
Mutatis Mutandis — మ్యూటేటిస్ మ్యూటాండిస్
As used in M.C. Mehta v. Union of India (Ganga Pollution Case), mutatis mutandis means that the directions given for one body apply to other bodies too. The Court applied its Kanpu
Ultra Vires — అల్ట్రా వైరస్ (అధికారానికి మించినది)
Ultra vires (Latin, beyond the powers) describes an act that goes beyond the authority given by the law. In this case the Court used it for a part of a notification that went outsi
Mala Fide — మలా ఫైడ్ (దురుద్దేశంతో)
Mala fide (Latin, in bad faith) describes an act done for a wrongful or hidden purpose, not the purpose the law allows. In this case the petitioners said the Government set up the
Commission of Inquiry — కమిషన్ ఆఫ్ ఎంక్వైరీ (విచారణ కమిషన్)
A Commission of Inquiry is a body the appropriate Government appoints under section 3 of the Commissions of Inquiry Act, 1952. It inquires into a definite matter of public importan
Presumption of Constitutionality — రాజ్యాంగబద్ధత ఊహ
The presumption of constitutionality is the rule that a law is taken to be valid until shown otherwise. The person attacking the law must show a clear breach of constitutional prin
Proprio Vigore — ప్రొప్రియో విగోరే (స్వంత బలంతో)
Proprio vigore (Latin, by its own force) means with legal force of its own, without any further step. In this case the Commission&39;s recommendations were not enforceable proprio
Public Order — ప్రజా శాంతిభద్రతలు (Public Order)
The middle of three concentric circles: law and order is the largest circle, public order is inside it, and the security of the State is the smallest. An act may affect law and ord
Residuary Powers — అవశిష్ట అధికారాలు (Residuary Powers)
The power to make laws on matters not covered by List I, List II or List III of the Seventh Schedule. As used in the case, Entry 97 of List I gives this power to Parliament. Source
Security of the State — రాజ్య భద్రత
As used in this case, the only ground in the original Article 19(2) that could justify limits on free speech beyond libel, slander and similar matters. The Court said it meant matt
Existing Law — ఇప్పటికే అమలులో ఉన్న చట్టం
As used in this case, a law already in force when the Constitution began. Article 13(1) makes such a law void to the extent that it is inconsistent with a fundamental right. The ju
Doctrine of Severability (విభజన సిద్ధాంతం)
The principle that when only part of a law is unconstitutional, courts strike down only that offending part — leaving the rest of the law intact — provided the valid and invalid po
Preamble — ప్రియాంబుల్
The Preamble is the short introductory statement at the very start of the Indian Constitution, declaring India to be a Sovereign, Socialist, Secular, Democratic Republic and settin
Preventive Detention (నివారణ నిర్బంధం)
The detention of a person, without trial, to prevent them from committing a future prejudicial act — a distinct constitutional regime under Article 22, separate from and with fewer
Writ of Prohibition — ప్రొహిబిషన్ రిట్
As used in this case, a writ the petitioner asked the Supreme Court to issue under Article 32, together with certiorari, against a Government order. The Court quashed the order. Th
Consent Decree — సమ్మతి డిక్రీ (Consent Decree)
As used in this case, a decree the court passes because the respondent agrees to the petitioner's claim. The Court held that consent decrees in matrimonial matters are not collusiv
Collusion — కుమ్మక్కు (Collusion)
As used in this case, the ground on which the High Court single judge doubted a consent decree of restitution. The Supreme Court found it difficult to find any collusion on these f
Evacuee Property — ఇవాక్యూ ప్రాపర్టీ
As used in this case, property under the Pakistan Ordinance of 1949 in which an evacuee has any right or interest. It includes a right in joint Hindu family property. The judgment
Custodian of Evacuee Property — కస్టోడియన్ ఆఫ్ ఇవాక్యూ ప్రాపర్టీ
As used in this case, the official in whom the Pakistan Ordinance of 1949 vested all evacuee property from 1 March 1947. A person who owed an evacuee money had to pay it to the Cus
Involuntary Assignment — ఇన్‌వాలంటరీ అసైన్‌మెంట్
As used in this case, a transfer of a debt by attachment or garnishment. The judgment says it is governed by the lex situs of the debt. It does not give a formal definition. ఈ కేసు
Equity of Redemption — ఈక్విటీ ఆఫ్ రిడెంప్షన్
As used in this case, the only property the firm kept in the pledged goods, according to the Tribunal. The Tribunal held that this equity of redemption also vested in the Custodian
Counter-Affidavit — కౌంటర్-అఫిడవిట్ (ప్రతి ప్రమాణ పత్రం)
As used in this case, a written reply filed by a respondent to deny the petitioner's allegations. The judgment does not give a formal definition. ఈ కేసులో, పిటిషనర్ ఆరోపణలను ఖండిస్
Literal Rule of Interpretation — అక్షరార్థ వ్యాఖ్యాన నియమం
As used in this case, the first and foremost principle of interpreting a statute: where the words are clear and unambiguous, the court gives them their plain meaning. The judgment
Pari Materia — పరి మెటీరియా (ఒకే విషయంపై ఉన్న)
As used in this case (written "para materia" in the judgment), the phrase counsel used for a provision said to deal with the same subject as Section 6. The judgment gives no formal
Living Separately — విడిగా నివసించడం
Under Section 13-B(1) of the Hindu Marriage Act, 1955, it means not living like husband and wife. It has no reference to the place of living. The parties must have lived this way f
Matrimonial Home — వివాహ గృహం
The place of permanent dwelling that husband and wife choose jointly to live together for their married life. The Andhra Pradesh High Court read the words "last resided together" i
Pre-nuptial Agreement — వివాహ పూర్వ ఒప్పందం
An agreement made before or at the time of a marriage. In the Tikait case, the Calcutta High Court dealt with one that controlled the rights the law gives the parties after the mar
Proviso — ప్రొవిజో (షరతు నిబంధన)
The Court said the normal rule is that a proviso excepts something out of the enactment which would otherwise be within its purview. A different rule may apply if the text, context
Second Appeal — సెకండ్ అప్పీల్
As used in the judgment, a further appeal to the High Court against a first appellate court's decision in a suit. The judgment does not itself define the term beyond naming the app
Coparcener — కోపార్సినర్
A coparcener is a member of a coparcenary — someone who has acquired a birthright interest in the ancestral joint family property. Under the Hindu Succession (Amendment) Act, 2005,
Mitakshara — మితాక్షర
Mitakshara is the school of Hindu law based on Vijnaneshwara's 11th-century commentary on the Yajnavalkya Smriti. It prevails across almost all of India (except Bengal and Assam) a
Preliminary Decree — ప్రాథమిక డిక్రీ
A decree in a partition suit that declares the shares of the parties but does not divide the property. The suit stays pending until a final decree is passed. విభజన దావాలో పక్షకారుల
Concurring Opinion — ఏకీభవించే అభిప్రాయం (Concurring Opinion)
A separate opinion by one judge who agrees with the result but gives their own reasons. ఫలితంతో ఏకీభవిస్తూ, తన సొంత కారణాలు చెప్పే ఒక న్యాయమూర్తి విడిగా రాసే అభిప్రాయం. Real-life e
Special Leave — ప్రత్యేక అనుమతి (Special Leave)
Permission that the Supreme Court gives to hear an appeal that would not otherwise reach it. సాధారణంగా తన వద్దకు రాని అప్పీలును వినడానికి Supreme Court ఇచ్చే అనుమతి. Real-life exam
Restricted Estate — రిస్ట్రిక్టెడ్ ఎస్టేట్ (పరిమితులతో కూడిన ఎస్టేట్)
The words used in Section 14(2) of the Hindu Succession Act, 1956. Fazal Ali J. said they are wider than "limited interest" in Section 14(1). They cover a life estate and any other
Limited Estate — లిమిటెడ్ ఎస్టేట్ (పరిమిత ఎస్టేట్)
As used in this case, the restricted interest a Hindu female held in property under the old Sastric Hindu law. Section 14(1) of the Hindu Succession Act, 1956 turns it into full ow
Pre-existing Right — ప్రీ-ఎగ్జిస్టింగ్ రైట్ (ముందే ఉన్న హక్కు)
As used in this case, a right a Hindu female already had before the document was made, such as her right to maintenance or to a share at partition. A document that only recognises
Charge on Property — చార్జ్ ఆన్ ప్రాపర్టీ (ఆస్తిపై భారం)
As used in this case, a specific burden placed on property for a widow's maintenance, by agreement or by a court decree. Once created, her right becomes legally enforceable against
Voidable Marriage — వాయిడబుల్ మ్యారేజ్ (రద్దు చేయదగిన వివాహం)
As used in this case, a voidable marriage is one covered by Section 12 of the Hindu Marriage Act, 1955. It is not void from the start. It stays effective unless all the conditions
Mandamus — మాండమస్ (అధికారిని విధి నిర్వహించమని ఆదేశించే రిట్)
As used in this case, a writ (court order) that commands the authorities to do what a rule requires of them. The petitioners asked for a writ in the nature of Mandamus commanding t
Ex Parte — ఏకపక్షంగా
Ex parte means the Forum went ahead with the case when the opposite party did not appear. As used in this case, the District Forum proceeded ex parte against the airline after nobo
Ostensible Authority — స్పష్టంగా కనిపించే అధికారం
As used in this case, the authority a servant appears to have to act for his master, such as the authority to let a person ride in the master's vehicle, even if the master gave no
Certificate under Article 133 — ఆర్టికల్ 133 సర్టిఫికేట్
As used in this case, a certificate the High Court issues under Article 133(1) of the Constitution, saying that a civil case is fit for appeal to the Supreme Court. It is a precond
Trespasser — అనధికార ప్రవేశకుడు
As used in this case, a person who rides in the owner's vehicle without the owner's authority. Such a person is a trespasser as against the owner. That fact alone does not stop a c
Ab Initio — అబ్ ఇనిషియో
As used in Kedar Nath Bhattacharji v. Gorie Mahomed, ab initio (Latin: from the beginning) describes a suit that the Small Cause Court Judge held bad from the very start. He held t
Trustee — ట్రస్టీ
As used in Kedar Nath Bhattacharji v. Gorie Mahomed, a trustee is a person who holds a fund for a stated purpose. The judgment gives no definition. Here the Commissioners of the Ho
Civil Reference — సివిల్ రిఫరెన్స్
As used in Kedar Nath Bhattacharji v. Gorie Mahomed, a civil reference is a case sent by a lower court to the High Court for its opinion on stated points. Here the Small Cause Cour
Consideration — కన్సిడరేషన్
Consideration is whatever one side gives, does, or promises in exchange for the other side's promise — it's the price the law demands before it will step in and enforce an agreemen
Contract — కాంట్రాక్ట్
A contract is an agreement that the law will actually enforce — it's the narrower, stricter category that an agreement graduates into once it satisfies every essential condition th
Decree — డిక్రీ (Decree)
As used in this case, the court's formal decision on a claim in a suit, which a higher court can reverse or leave undisturbed. The judgment does not give a formal definition. ఈ కేస
Cohabitation — సహజీవనం (భార్యాభర్తలుగా కలిసి జీవించడం)
Living together as husband and wife. The husband acts as a husband and the wife as a wife, each rendering the services of marriage. Source: Evans v. Evans and Thomas v. Thomas, as
Fault Theory of Divorce — విడాకులపై దోష సిద్ధాంతం
As used in this case: the view that divorce follows the guilt of one spouse, who is the guilty party and the other the innocent party. The judgment also calls it the guilt theory.
Reasonable Excuse — సహేతుక కారణం
The defence to a Section 9 petition. A spouse who withdraws from the other's society must prove a reasonable excuse. Source: Explanation to Section 9, Hindu Marriage Act, 1955. సెక
Assumpsit — అసంప్సిట్
As used in Tweddle v. Atkinson, assumpsit is an action brought on a promise. Crompton J says it was once treated as an action of trespass upon the case, and so as a tort, and that
Demurrer — డెమరర్ (చట్టపరమైన అభ్యంతరం)
As used in this case, a challenge to the pleading (the declaration). The judgment shows that George v. Skivington and Winterbottom v. Wright were decided on a demurrer to the decla
Limitation Period — లిమిటేషన్ కాలపరిమితి
The limitation period is the time within which a suit must be filed under the Limitation Act. In this case Article 91 and Article 95 each gave three years to sue to set aside an in
Umpire — అంపైర్
As used in Alopi Parshad and Sons Ltd. v. Union of India, an umpire is the person to whom the dispute was referred when the two arbitrators did not arrive at an agreed decision. Th
Error Apparent on the Face of the Award — అవార్డు పైకే కనిపించే లోపం
An arbitrator&39;s award can be set aside for an error on its face only when the award, or a document incorporated with it, states a legal proposition that is the basis of the awar
Forfeiture — ఫోర్ఫీచర్ (జప్తు)
As used in Maula Bux v. Union of India, forfeiture means that a sum of money already paid under a contract is kept by the other party after a breach. The Court held that where the
Security Deposit — సెక్యూరిటీ డిపాజిట్
As used in Maula Bux v. Union of India, a security deposit is a sum deposited to guarantee due performance of a contract. The Court held that it is not earnest money. Earnest money
Severance — సెవరెన్స్
As used in Niranjan Shankar Golikari v. Century Spinning and Mfg. Co. Ltd., severance means separating the good part of a covenant from the bad part. The Court held that the rule a
Negative Covenant — నెగటివ్ కవెనెంట్
As used in Gujarat Bottling Co. Ltd. v. Coca Cola Co., a negative covenant is a promise not to do something. Paragraph 14 of the 1993 Agreement bound the bottler not to deal in any
Trade Secret — ట్రేడ్ సీక్రెట్
As used in Niranjan Shankar Golikari v. Century Spinning and Mfg. Co. Ltd., trade secrets are the employer's secret processes, know-how, documents and information that an employee
Temporary Injunction — తాత్కాలిక ఇంజంక్షన్
A temporary injunction is a court order that stays in force only until the suit is decided or the court passes further orders. In Dalpat Kumar it was sought under Order 39, Rule 1(
Irreparable Injury — భర్తీ చేయలేని హాని
Irreparable injury does not mean that there is no physical possibility of repairing the injury. It means the injury must be a material one, namely one that cannot be adequately com
Balance of Convenience — సౌలభ్య సమతుల్యత
Balance of convenience is the court's weighing of the plaintiff's need for protection against the defendant's need for protection when deciding an interlocutory injunction. Each si
Joint Tenancy — ఉమ్మడి కౌలు హక్కు (Joint Tenancy)
As used in this case, joint tenants own property together, and the survivor becomes sole owner by survival. The joint owners in the case reserved a right to sever the joint tenancy
Tenants in Common — సమాన వాటా సహ యజమానులు (Tenants in Common)
As used in this case, tenants in common each hold an equal undivided share that each can dispose of separately. Each share becomes a separate stock of descent. ఈ కేసులో tenants in
Status Quo — యథాతథ స్థితి (Status Quo)
As used in this case, status quo is the last non-contested status that came before the pending controversy. Interlocutory mandatory injunctions are generally granted to preserve or
Metes and Bounds — హద్దులతో విభజన (Metes and Bounds)
As used in this case, a property divided by metes and bounds has been partitioned. A family whose property has not been so divided is undivided qua the property. ఈ కేసులో metes and
Transferee — బదిలీ పొందినవాడు (Transferee)
As used in this case, a transferee is the person to whom a co-owner's share is transferred. Section 44 of the Transfer of Property Act sets out the rights he acquires. ఈ కేసులో tra
Undivided Family — విభజించని కుటుంబం (Undivided Family)
In section 44 of the Transfer of Property Act, an undivided family is a family that owns the dwelling house but has not divided it. The words mean undivided qua the dwelling house
Instantaneous Communication — ఇన్స్టంటేనియస్ కమ్యూనికేషన్
As used in Entores Ltd v Miles Far East Corporation, instantaneous communication means talking or messaging so fast that it is virtually immediate, as with the telephone or Telex.
Service Out of the Jurisdiction — సర్వీస్ అవుట్ ఆఫ్ ది జ్యూరిస్‌డిక్షన్
As used in Entores Ltd v Miles Far East Corporation, service out of the jurisdiction means serving notice of a writ on a defendant outside England, with the court's leave. Under Or
Collateral Contract — కొలేటరల్ కాంట్రాక్ట్
As used in Gherulal Parakh v. Mahadeodas Maiya, a collateral contract is a separate agreement connected with a wagering contract, such as a partnership to carry on wagers or an age
Extra Commercium — ఎక్స్‌ట్రా కామర్షియం
As used in Gherulal Parakh v. Mahadeodas Maiya, extra commercium (outside commerce) was the appellant's plea that a wager cannot be a business, so no partnership for wager can exis
Contra Bonos Mores — కాంట్రా బోనోస్ మోరెస్
As used in Gherulal Parakh v. Mahadeodas Maiya, a contract contra bonos mores (against good morals) was laid down by Lord Mansfield as illegal (as quoted by Cheshire and Fifoot). T
Desuetude — డెస్యూటూడ్
As used in Gherulal Parakh v. Mahadeodas Maiya, desuetude means falling out of use. The Court held that the Hindu law texts condemning gambling were not legally enforced and fell i
Part Performance — పార్ట్ పెర్ఫార్మెన్స్
As used in Nathulal v. Phoolchand, part performance is a defence under s. 53A of the Transfer of Property Act. A transferee who meets all four conditions of s. 53A can use it again
Cy Pres — సైప్రే
As used in this case, a doctrine under which trust funds are applied to other listed objects when the specific object of the trust fails from the start or by later events. The judg
Mathadhipati — మఠాధిపతి
The head or superior of a Math, who is the head of a spiritual fraternity and a religious teacher. He is not a trustee in the strict sense and not a mere manager. He has duties and
Tax and Fee — పన్ను మరియు రుసుము
A tax is a compulsory exaction of money by public authority for public purposes, enforceable by law, and not payment for services rendered. It is part of the common burden. A fee i
Delegated Legislation — ప్రత్యాయోజిత శాసనం
Delegated legislation, as used in this case, is the Court's phrase for law made under power from a legislature. The Court said every rule of conduct cannot be raised to the positio
Res Judicata — రెస్ జుడికేటా
A final decision of a court or tribunal that cannot be reopened between the same parties on the same matter. Source: Latin. As used in the Trail Smelter award, the sanctity of res
Functus Officio — ఫంక్టస్ ఆఫీషియో
Having finished one's task and so having no further authority. Source: Latin. As used in the Trail Smelter award, the Tribunal said it did not become functus officio because part o
Compromis — కాంప్రోమీ
The agreement in which the parties to an arbitration set its terms. As used in the Trail Smelter award, Article 83 of the 1907 Hague Convention lets the parties reserve in the comp
Quasi-Sovereign Rights — క్వాసీ-సావరిన్ హక్కులు
A State's interest in the earth and air within its domain, independent of the titles of its citizens. As used in the Trail Smelter award, the Tribunal drew on United States Supreme
Nuisance — న్యూసెన్స్
Nuisance is an unlawful, indirect interference with a person's use or enjoyment of land, or of some right connected with it — arising from consequences such as noise, smoke, or sme
Indemnity — నష్టపరిహార హామీ (ఇండెమ్నిటీ)
As used in this case, an indemnity is a right given to family members under a deed. If the creditor enforces a debt against them, the person who agreed to bear that debt must compe
Burden of Proof — నిరూపణ బాధ్యత
As defined in this case, the duty that lies upon the person who has to prove a fact. Unlike the onus of proof , the burden of proof never shifts during a trial. ఈ కేసులో నిర్వచించి
Damages — నష్టపరిహారం
Damages are the money compensation that the law awards to a party for loss caused to him by a breach of contract. Section 73 of the Indian Contract Act, 1872 speaks of compensation
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