⚖️ Law Dictionary

'Hear the other side' — fundamental rule of natural justice requiring notice and opportunity of being heard.

'No one should be a judge in his own cause' — rule against bias.

A writ requiring a detained person be brought before a court to determine whether their detention is lawful. Latin: 'you shall have the body.' Rooted in the Magna Carta 1215 and codified in the Englis

The mental element of a crime — the guilty mind. Includes intent, knowledge, recklessness, and criminal negligence.

The guilty act — the physical element of a crime. Latin for 'guilty act.' Must be voluntary and cause the prohibited harm.

The doctrine that courts are bound by prior decisions of higher courts on the same point of law ('stare decisis' — stand by what has been decided). It ensures consistency, predictability, and fairness in the application of law. Binding precedent comes from higher courts; persuasive precedent (from other jurisdictions or lower courts) can be followed but need not be.

Act exceeding the legal power or authority of a person or body. 'Beyond the powers.'

Rights guaranteed by Part III (Articles 12–35) of the Indian Constitution that are enforceable against the State. They include the right to equality (Articles 14–18), right to freedom (Articles 19–22), right against exploitation (Articles 23–24), right to freedom of religion (Articles 25–28), cultural and educational rights (Articles 29–30), and right to constitutional remedies (Article 32). These rights are justiciable — any violation can be challenged in the Supreme Court or High Courts.

The power of courts to examine the actions of the legislative and executive branches and determine their constitutionality.

The constitutional guarantee that no person shall be deprived of life, liberty or property without fair legal procedures. Substantive and procedural components.

Thing adjudged — matter finally decided cannot be relitigated.

A doctrine that prevents a party from going back on a clear and unambiguous promise where the promisee has relied on that promise to their detriment. Even without formal consideration (the technical requirement of contract formation), a promisor will be held to their promise if the promisee changed their position in reliance on it. In India it is applied against the government where it would otherwise exercise its rights contrary to equity.

A civil wrong (as opposed to a crime) that causes harm or loss to another person, for which the law provides a remedy usually in the form of damages. Common torts include negligence, defamation, trespass, nuisance, and false imprisonment. Unlike contract law, tort liability arises from duties imposed by law, not by agreement between parties.

A legally enforceable agreement between two or more parties. Under the Indian Contract Act, 1872, a valid contract requires: offer, acceptance, lawful consideration, capacity of parties, free consent, and a lawful object. Contracts may be express (written or oral) or implied by conduct.

A writ issued by a superior court commanding a public authority, lower court, or official to perform a public duty imposed on them by law. It is issued when the authority refuses or neglects to perform a mandatory legal duty. In India, mandamus can be issued by the Supreme Court (Article 32) or High Courts (Article 226).

The principle that all persons and institutions — including governments and rulers — are subject to and accountable to law that is fairly applied and enforced. A.V. Dicey identified three elements: (1) supremacy of law — no punishment except for breach of law; (2) equality before law — everyone subject to ordinary courts; (3) constitutional law is the result of ordinary law, not its source. The Rule of Law is a basic structure feature of the Indian Constitution.

Article 21 of the Indian Constitution states: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' It is the most litigated provision of the Indian Constitution. Through judicial expansion, it now encompasses: right to livelihood, right to privacy, right to health, right to education (until 14), right to a clean environment, right to free legal aid, right against solitary confinement, right to a speedy trial, right to sleep on pavements, and much more.

The right of a party to appear and be heard before a court. Latin: 'place of standing.'

Litigation filed in a court of law for the protection of public interest, pollution, terrorism, road safety, constructional hazards etc.

The division of governmental authority into legislative, executive and judicial branches, each acting as a check on the others. Theorised by Montesquieu.

Article 14 of the Indian Constitution guarantees: 'The State shall not deny to any person equality before the law or equal protection of the laws within the territory of India.' Equality before law (British concept — no man is above the law) and equal protection of the laws (American concept — equals must be treated equally, unequals may be treated unequally) form its two pillars. The right has been expanded to prohibit arbitrary state action through the doctrine of 'reasonable classification.'

Disobedience to or disrespect for a court. Civil (non-compliance) or criminal (interference with justice).

Parliament cannot amend Constitution to destroy basic features — Kesavananda Bharati.

Rules, regulations, by-laws made by executive under authority delegated by legislature.

The right of citizens to access information held by public authorities, recognised in India under the Right to Information Act, 2005 (RTI Act). It flows from the fundamental right to freedom of speech and expression (Article 19(1)(a)) and the right to life (Article 21). The RTI Act requires public authorities to proactively disclose information and respond to information requests within 30 days. Exemptions exist for national security, personal privacy, and cabinet deliberations.

Release of an accused on security (monetary or personal) pending trial. Regular, anticipatory, or interim.

Direction to release a person on bail before arrest. Section 438 CrPC.

The first written document recorded by police when information about a cognizable offence is received. Under Section 154 CrPC (Section 173 BNSS), police are obligated to register an FIR — they cannot refuse. It sets criminal law in motion and is the foundation of the prosecution case. A copy must be given free of charge to the informant.

An offence in which police have the power to arrest without a warrant, investigate without Magistrate permission, and register an FIR. Generally serious offences — murder, rape, robbery, kidnapping, dacoity. The Schedule to the CrPC (and BNSS) specifies which offences are cognizable.

The final report submitted by police to the Magistrate after completion of investigation, stating sufficient evidence exists to prosecute the accused. Governed by Section 173 CrPC (Section 193 BNSS). Must be filed within 60 days (offences up to 10 years) or 90 days (death/life/over 10 years imprisonment). Failure entitles the accused to default bail as a matter of right under Section 167(2) CrPC.

Two essential elements of a valid contract. An offer (proposal) is a definite expression of willingness to be bound on specific terms, made with intention it shall become binding upon acceptance. Acceptance is the absolute and unconditional agreement to all terms. Under Sections 2(a) and 2(b) of the Indian Contract Act, 1872, acceptance must be communicated. A counter-offer rejects the original offer.

Something of value given in exchange for a promise. Must move at the desire of the promisor. Section 2(d) ICA 1872.

Failure to perform any term of a contract without legal excuse. Actual or anticipatory.

Equitable remedy compelling performance of contractual obligations. Granted where damages are inadequate. Specific Relief Act 1963 (India).

An agreement not enforceable by law from the very beginning — a complete nullity with no legal effect. Section 2(g) of the Indian Contract Act, 1872 defines it. Examples: agreements without consideration, in restraint of trade (Section 27), in restraint of marriage, by incompetent parties (minors, persons of unsound mind), and agreements with unlawful objects (Section 23).

Agreement enforceable at the option of one party but not the other — e.g., contracts induced by coercion.

Court order requiring a party to do or refrain from doing a specific act. Temporary, permanent, or mandatory.

Formal expression of adjudication conclusively determining rights of parties — CPC Section 2(2).

The maximum time period within which a legal action must be brought after the cause of action arises. After expiry, the right to sue is extinguished. Governed by the Limitation Act, 1963. Common periods: 3 years for contract suits, 12 years for suits on immovable property, and 1 year for certain tort claims. Extensions available in cases of fraud, mistake, disability, or acknowledgment of debt.

Acquisition of title by open, continuous, hostile possession for a statutory period (12 years India, 12 years UK).

Right enjoyed over another's land — e.g., right of way, light, support. Indian Easements Act 1882.

Transfer of interest in specific immovable property as security for a loan. Transfer of Property Act 1882 (India).

Instrument transferring absolute ownership from seller to buyer — Section 54 TPA.

Voluntary transfer of property without consideration — Section 122 TPA; requires registration.

Transfer of right to enjoy property for time, in consideration of rent or premium — Section 105 TPA.

The termination of employment of a workman by the employer for any reason other than as a disciplinary measure. Defined under Section 2(oo) of the Industrial Disputes Act, 1947. Requires: one month's notice (or wages in lieu), retrenchment compensation at 15 days' wages per year of service, and government intimation. The 'last come, first go' (LIFO) principle must be followed unless there is a valid reason to deviate.

A statutory lump sum payable by an employer to an employee as a reward for long service, paid on retirement, resignation, death, or disablement. Governed by the Payment of Gratuity Act, 1972. Minimum 5 years of continuous service required (waived for death or disablement). Formula: 15 days' wages (last drawn) per year of service. Maximum: Rs. 20 lakh (revised 2018).

Obligation to prove an assertion. Falls on the party making the claim. Indian Evidence Act 1872.

Out-of-court statement offered to prove the truth of its contents. Generally inadmissible with exceptions.

An admission by an accused that they committed the offence. Must be voluntary — not obtained by threat, inducement, or promise. Under Section 25 of the Indian Evidence Act, a confession to a police officer is inadmissible. Under Section 26, a confession in police custody is inadmissible unless made before a Magistrate. A judicial confession under Section 164 CrPC is the most reliable and admissible form.