A writ to produce a detained person before the court
Literally "you shall have the body". The court orders the person holding someone in custody to produce them and justify the detention; if it is unlawful, the person is set free. It lies against both public authorities and private persons.
Quick check: Which of these best describes "Habeas corpus"?
The first report of a cognizable offence recorded by the police
The list of cases to be heard by a court on a given day
A writ to produce a detained person before the court
The written statement of claim that starts a civil suit
Answer: C.
Mandamus
A writ commanding a public authority to perform its legal duty
Literally "we command". It is issued to a public official, body or lower court that has failed to perform a public duty. It does not lie against the President or Governors personally, or against private individuals.
Quick check: Which of these best describes "Mandamus"?
The defendant's written reply to the plaint
A person enrolled to practise law
A writ commanding a public authority to perform its legal duty
An offence for which police may arrest without a warrant
Answer: C.
Prohibition
A writ stopping a lower court from exceeding its jurisdiction
Issued by a higher court to a lower court or tribunal while proceedings are pending, to stop it acting without or in excess of jurisdiction. It is preventive.
Quick check: Which of these best describes "Prohibition"?
The formal expression of a court's decision in a suit
An offence for which police need a magistrate's permission to investigate
A writ stopping a lower court from exceeding its jurisdiction
An advocate designated for ability and standing at the Bar
Answer: C.
Certiorari
A writ quashing an order already made by a lower court or tribunal
Literally "to be certified". The higher court calls for the record and quashes an order passed without jurisdiction, in violation of natural justice or with an error apparent on the record. It is corrective, issued after the decision.
Quick check: Which of these best describes "Certiorari"?
An advocate entitled to file cases in the Supreme Court
A writ quashing an order already made by a lower court or tribunal
Offences in which bail is a right, or at the court's discretion
A court order restraining or requiring an act
Answer: B.
Quo warranto
A writ asking by what authority a person holds a public office
Literally "by what warrant". It prevents a person from holding a public office to which they are not legally entitled. Unlike other writs, any member of the public may seek it.
Quick check: Which of these best describes "Quo warranto"?
An offence that the victim may settle with the accused
The papers and instructions given to an advocate for a case
A writ asking by what authority a person holds a public office
A notice asking to be heard before any order is passed
Answer: C.
363 more entries under this heading
First Information Report (FIR) · The first report of a cognizable offence recorded by the police
Cognizable offence · An offence for which police may arrest without a warrant
Non-cognizable offence · An offence for which police need a magistrate's permission to investigate
Bailable and non-bailable offences · Offences in which bail is a right, or at the court's discretion
Compoundable offence · An offence that the victim may settle with the accused
Chargesheet · The police report filed after investigation
Anticipatory bail · Bail granted in anticipation of arrest
Default bail · Bail as of right when the chargesheet is not filed in time
Summons case and warrant case · Cases distinguished by the seriousness of the offence
Approver · An accomplice pardoned in return for testifying
Hostile witness · A witness who turns against the party that called them
Plea bargaining · A negotiated guilty plea for a lesser sentence
Plaint · The written statement of claim that starts a civil suit
Written statement · The defendant's written reply to the plaint
Decree · The formal expression of a court's decision in a suit
Injunction · A court order restraining or requiring an act
Caveat · A notice asking to be heard before any order is passed
Vakalatnama · The document authorising an advocate to act for a party
Affidavit · A written statement of facts sworn on oath
Interlocutory application · An application made during the pendency of a case
Execution · Enforcing a decree
Letters Patent Appeal · An intra-court appeal within a High Court
Review and curative petition · Asking the court to reconsider its own judgment
Special Leave Petition (SLP) · A petition to the Supreme Court for permission to appeal
Public Interest Litigation (PIL) · Litigation for the public interest by any public-spirited person
Mentioning · Requesting urgent listing of a case
Cause list · The list of cases to be heard by a court on a given day
Advocate · A person enrolled to practise law
Senior Advocate · An advocate designated for ability and standing at the Bar
Advocate-on-Record (AoR) · An advocate entitled to file cases in the Supreme Court
Brief · The papers and instructions given to an advocate for a case
Reading a Citation · How to read a case reference such as (2017) 10 SCC 1
AIR · All India Reporter
SCC · Supreme Court Cases
SCR · Supreme Court Reports
INSC · The Supreme Court's neutral citation
MANU · The Manupatra database citation
ILR · Indian Law Reports
v. · Versus, between the parties
J., CJ and JJ. · Abbreviations for judges
Supra, infra and ibid. · Referencing terms in legal writing
Division Bench, Full Bench, Constitution Bench · Benches of different sizes
Jurisprudence · The theory and philosophy of law
Tort · A civil wrong other than breach of contract
Estoppel · A rule preventing a person from denying what they earlier asserted
Laches · Unreasonable delay in asserting a right
Adverse possession · Acquiring title by long, open and hostile possession
Benami · Property held in another's name
Abetment · Instigating, conspiring in or intentionally aiding an offence
Acquittal · A finding that the accused is not guilty
Conviction · A finding that the accused is guilty
Remission · Reducing the amount of a sentence without changing its nature
Commutation · Substituting a lighter form of punishment
Pardon · Complete release from the punishment and its consequences
Reprieve · A temporary suspension of a death sentence
Parole · Conditional temporary release of a prisoner for a specific reason
Furlough · Periodic release of a long-term prisoner as a matter of good conduct
Probation · Release of an offender on good behaviour instead of imprisonment
Surety · A person who guarantees that an accused released on bail will appear in court
Remand · Sending an accused back into custody during investigation or trial
Judicial custody · Custody of an accused in prison under a magistrate's order
Police custody · Custody of an accused in a police lock-up for interrogation
Taking cognizance · A court's first judicial notice of an offence
Complaint · An allegation made to a magistrate, not the police, that an offence has been committed
Summons · A court order requiring a person to appear
Warrant · A court order authorising arrest or search
Proclaimed offender · An absconding accused declared by proclamation
Framing of charge · The formal statement of the offences the accused will be tried for
Discharge · Release of the accused before trial for lack of sufficient grounds
Undertrial · An accused person in custody whose trial is pending
Closure report · A police report stating there is insufficient evidence to prosecute
Zero FIR · An FIR registered at any police station regardless of jurisdiction
Culpable homicide · Causing death with the intention or knowledge that death is likely
Grievous hurt · Serious bodily injuries specified by law
Dacoity · Robbery by five or more persons
Extortion · Obtaining property by putting a person in fear of injury
Criminal breach of trust · Dishonest misappropriation of property entrusted to a person
Criminal conspiracy · An agreement between two or more persons to commit an illegal act
Preparation and attempt · Stages of a crime short of completion
Motive · The reason that induces a person to commit a crime
Custodial death · Death of a person in police or judicial custody
Extradition · Surrender of an accused or convicted person by one country to another
Deportation · Removal of a foreign national from a country
Child in conflict with law · A person under 18 alleged or found to have committed an offence
Primary evidence · The original document itself
Secondary evidence · Copies or oral accounts of a document
Direct evidence · Evidence of a fact from someone who perceived it
Circumstantial evidence · Evidence of facts from which the fact in issue can be inferred
Confession · An admission of guilt by the accused
Admission · A statement suggesting an inference about a fact in issue
Dying declaration · A statement by a deceased person about the cause or circumstances of death
Expert witness · A person with special skill whose opinion is relevant
Examination-in-chief · Questioning of a witness by the party who calls them
Cross-examination · Questioning of a witness by the opposite party
Re-examination · Questioning by the calling party after cross-examination
Leading question · A question that suggests the answer desired
Burden of proof · The obligation to prove a fact
Standard of proof · The degree of proof required
Corroboration · Independent evidence supporting other evidence
Interested witness · A witness with a stake in the outcome
Test identification parade · A procedure where a witness identifies the accused among others
Presumption · An inference the court draws or must draw from facts
Cause of action · The facts that give a person the right to sue
Jurisdiction · The authority of a court to hear a case
Plaintiff and defendant · The parties to a civil suit
Appellant and respondent · The parties to an appeal
Ex parte decree · A decree passed in the absence of the defendant
Set-off · A defendant's claim to reduce the plaintiff's claim by an amount owed
Counter-claim · A claim by the defendant against the plaintiff in the same suit
Issues · The material questions of fact and law the court must decide
Interim relief · Temporary relief granted pending the final decision
Stay · A court order suspending proceedings or the operation of an order
Commission · A person appointed by the court to perform a task such as examining a witness or inspecting a site
Receiver · A person appointed by the court to manage disputed property
Attachment before judgment · Freezing a defendant's property before the decree
Judgment, decree and order · Different forms of court decisions
Appeal and revision · Two routes to a higher court
Second appeal · An appeal to the High Court from an appellate decree
Costs · Expenses of litigation awarded to a party
Kinds of damages · Money awarded as compensation
Specific performance · An order to perform the contract
Rescission · Cancellation of a contract
Rectification · Correcting a written instrument to reflect the true agreement
Declaratory decree · A court declaration of a person's legal status or right
Mesne profits · Profits received by a person in wrongful possession of property
Garnishee · A person who owes money to a judgment-debtor
Decree-holder and judgment-debtor · The parties at the execution stage
Pleadings · The plaint and written statement
Adjournment · Postponement of a hearing to another date
Transfer petition · A request to transfer a case to another court
Compromise and consent decree · A decree recording a settlement between the parties
Abatement · The ending of a suit or appeal on a party's death
Legal representative · A person who represents the estate of a deceased party
Next friend and guardian ad litem · Persons who act for a minor in litigation
Indigent person · A person without means to pay court fees
Court fee · A fee paid to the court for filing a case
Interpleader suit · A suit by a person holding property claimed by two others
Representative suit · A suit by or against some persons on behalf of many with the same interest
Period of limitation · The time within which a suit or appeal must be filed
Condonation of delay · Excusing delay in filing an appeal or application
Offer (proposal) · An expression of willingness to be bound on certain terms
Acceptance · Absolute and unqualified assent to an offer
Consideration · Something in return for a promise
Capacity to contract · The legal ability to enter a contract
Free consent · Consent not caused by coercion, undue influence, fraud, misrepresentation or mistake
Coercion · Obtaining consent by committing or threatening an offence or unlawful detention
Undue influence · Using a position of dominance to obtain an unfair advantage
Fraud · A deliberate deception to induce a contract
Misrepresentation · An innocent false statement that induces a contract
Void agreement · An agreement not enforceable by law
Voidable contract · A contract enforceable at the option of one party
Contingent contract · A contract to do something if an uncertain event happens
Quasi-contract · An obligation imposed by law, not agreement, to prevent unjust enrichment
Wagering agreement · An agreement to pay money on an uncertain event
Restraint of trade · An agreement restraining a person from carrying on a trade
Contract of indemnity · A promise to save another from loss
Contract of guarantee · A promise to discharge the liability of a third person if he defaults
Bailment · Delivery of goods for a purpose, to be returned afterwards
Pledge · Bailment of goods as security for a debt
Agency · A relationship in which one person acts for another
Novation · Substituting a new contract for an existing one
Anticipatory breach · Refusal to perform before the time for performance
Liquidated damages and penalty · Pre-agreed damages for breach
Standard form contract · A contract drafted by one party and offered on a take-it-or-leave-it basis
Sale and agreement to sell · Present and future transfers of goods
Mortgage · Transfer of an interest in immovable property as security for a loan
Lease · Transfer of a right to enjoy immovable property for a period for a price
Licence · Permission to do something on another's property
Gift · Voluntary transfer of property without consideration
Actionable claim · A claim to an unsecured debt or beneficial interest in movable property not in possession
Will · A legal declaration of how a person's property is to be distributed after death
Probate · A court's certification of a will
Intestate succession · Inheritance where a person dies without a will
Succession certificate · A court certificate allowing an heir to collect debts and securities of a deceased
Partition · Division of joint property among co-owners
Power of attorney · A document authorising another to act on one's behalf
Encumbrance · A charge or liability on property
Maintenance · Financial support payable to a dependent spouse, child or parent
Alimony · Maintenance paid to a spouse on or after divorce
Restitution of conjugal rights · A decree directing a spouse to return to the other
Judicial separation · A decree allowing spouses to live apart without dissolving the marriage
Divorce by mutual consent · Divorce on a joint petition by both spouses
Void and voidable marriage · Marriages invalid from the start, or that can be annulled
Sapinda relationship · A prohibited relationship through common ancestry
Coparcener · A member of a Hindu joint family with a right by birth in ancestral property
Custody and guardianship · Care of a child and authority over the child's person or property
Director · A person appointed to the board of a company
Winding up · The process of closing a company and distributing its assets
Moratorium (IBC) · A freeze on proceedings against a company in insolvency
Resolution plan · A proposal to revive an insolvent company
Committee of creditors · The body of financial creditors that decides on a resolution plan
Financial and operational creditors · Two classes of creditors under the IBC
Oppression and mismanagement · Conduct prejudicial to members or the company's interests
Amalgamation and demerger · Combining companies, or splitting one
Ordinance · A law made by the executive when the legislature is not in session
Bill and Act · Draft law and enacted law
Delegated legislation · Rules and regulations made by the executive under an Act
Gazette notification · Official publication of laws, rules and orders
Non obstante clause · A clause beginning "Notwithstanding anything contained in…"
Proviso · A clause that qualifies or makes an exception to the main provision
Explanation and illustration · Parts of a statute clarifying a provision
Repeal and saving clause · Provisions ending an old law while preserving past actions
Retrospective law · A law that applies to past events
Sunset clause · A provision that makes a law expire on a date
Office of profit · A government post that disqualifies a legislator
Principles of natural justice · The rules of fair procedure
Speaking order · An order that gives reasons
Civil and criminal contempt · Two kinds of contempt of court
Sessions trial · Trial of serious offences before a Court of Session
Summary trial · A shortened trial for petty offences
Committal · Sending a case from a magistrate to the Court of Session
Inquest · An inquiry into the cause of an unnatural death
Panchnama · A record of search or seizure made in the presence of witnesses
Look Out Circular · An alert to stop a person from leaving the country
Red Corner Notice · An Interpol request to locate and provisionally arrest a wanted person
Common intention · Joint liability for acts done in furtherance of a shared intention
Unlawful assembly · An assembly of five or more persons with a common unlawful object
Right of private defence · The right to defend body and property against unlawful attack
Grave and sudden provocation · A partial defence reducing murder to culpable homicide
Concurrent and consecutive sentences · Whether multiple sentences run together or one after another
Death reference · A death sentence sent to the High Court for confirmation
Mercy petition · A plea to the President or Governor for clemency
Victim compensation · State-funded compensation for victims of crime
Quashing · Setting aside criminal proceedings to prevent abuse of process
Interim bail · Temporary bail until a bail application is decided
Transit remand · Custody to take an arrested person to another state
Preventive detention · Detention to prevent a future act, without trial
Externment · An order requiring a person to leave an area
Prohibitory order · An order banning assemblies or activities to prevent disturbance
Chain of custody · The documented handling of evidence from seizure to court
Hearsay · Evidence of what someone else said, offered for its truth
Judicial notice · Facts a court accepts without proof
Privileged communication · Communications that cannot be disclosed in evidence
Accomplice · A person who took part in the crime
Juvenile Justice Board · The body that deals with children in conflict with the law
Child in need of care and protection · A child requiring the State's protection
Trial in absentia · Trial without the accused being present
Rejection of plaint · Throwing out a suit at the threshold
Summary suit · A fast-track suit for recovery of money on written contracts
Letters of administration · Court authority to administer an estate where there is no executor
Commercial court · A court dedicated to commercial disputes
Class action · A suit by or on behalf of a group of similarly placed persons
Title suit · A suit to establish ownership of property
Eviction · Recovery of possession from a tenant or occupant
Arbitration agreement · An agreement to refer disputes to arbitration
Arbitral award · The binding decision of an arbitral tribunal
Seat and venue of arbitration · The legal home of an arbitration versus where hearings are held
Emergency arbitrator · An arbitrator appointed for urgent interim relief before the tribunal is formed
Conciliation · Assisted settlement where the conciliator may propose terms
Mediation · Assisted negotiation by a neutral third party
Lok Adalat award · A settlement recorded by a Lok Adalat
Negligence · Breach of a duty of care causing damage
Nuisance · Unlawful interference with the use or enjoyment of land
Defamation · A false statement harming a person's reputation
Trespass · Direct interference with person, land or goods
Vicarious liability · Liability of one person for another's wrong
Strict and absolute liability · Liability without proof of fault
Malicious prosecution · Wrongfully instituting proceedings without reasonable cause
False imprisonment · Unlawful total restraint of a person's liberty
Contributory negligence · A claimant's own negligence contributing to the harm
Easement · A right over another's land, such as a right of way
Stamp duty · A tax on instruments such as sale deeds and agreements
Registration of documents · Recording of documents with the Sub-Registrar
Mutation · Updating land revenue records after transfer
Escheat · Property passing to the State when there is no heir
Eminent domain · The State's power to acquire private property for public use
Solatium · Additional compensation for compulsory acquisition
Right of pre-emption · A right to buy property before it is sold to others
Mehr · The amount a Muslim husband gives or promises the wife on marriage
Iddat · The waiting period after divorce or a husband's death
Khula and mubarat · Divorce at the wife's instance and by mutual consent in Muslim law
Talaq-e-biddat · Instant triple talaq
Stridhan · Property a woman owns absolutely
Karta · The manager of a Hindu Undivided Family
Hindu Undivided Family · A joint family treated as a unit in law and tax
Waqf · Permanent dedication of property for religious or charitable purposes in Muslim law
Ratification · A state's final consent to be bound by a treaty
Accession · Joining a treaty already negotiated by others
Reservation to a treaty · A statement excluding or modifying a treaty provision for a state
Monism and dualism · Whether international law applies directly in national law
Diplomatic immunity · Protection of diplomats from the host state's jurisdiction
Non-refoulement · No return of refugees to places where they face persecution
Asylum · Protection granted by a state to a person fleeing persecution
Community service · A new form of punishment under the BNS
Organised crime · A new offence in the BNS
Terrorist act (BNS) · Terrorism brought into the general penal code
Mob lynching (BNS) · Murder by a group on grounds such as caste or religion
Snatching · A separate offence in the BNS
Mandatory forensic investigation · Forensic experts must visit crime scenes for serious offences
Audio-video recording of searches · Searches and seizures must be recorded
e-FIR · An FIR lodged electronically
Further investigation · Investigation continued after a chargesheet is filed
Protest petition · A complainant's objection to a closure report
Rigorous and simple imprisonment · Imprisonment with and without hard labour
Imprisonment for life · Imprisonment for the remainder of the convict's natural life
Default sentence · Imprisonment for failing to pay a fine
Rarest of rare · The standard for imposing the death penalty
Retracted confession · A confession later withdrawn by the accused
Honourable acquittal · Acquittal where the accused is found clearly innocent
Relevancy and admissibility · Whether evidence is logically connected, and whether the law allows it
Oral and documentary evidence · Statements by witnesses and documents produced for inspection
Character evidence · Evidence of a person's reputation or disposition
Presumption of legitimacy · A child born during a valid marriage is presumed legitimate
Temporary, perpetual and mandatory injunctions · Three kinds of court orders to do or refrain from doing something
Preliminary and final decree · Two stages of a decree in some suits
Section 80 notice · Notice required before suing the government
Inherent powers of civil courts · Section 151 CPC
Restoration of suit · Reviving a suit dismissed for default
Reference to the High Court · A subordinate court seeks the High Court's opinion
Constitutional convention · An unwritten practice followed in working the Constitution
Caretaker government · A government that continues after losing its majority or during elections
Freehold and leasehold · Outright ownership versus the right to use for a fixed term
Conveyance · A deed transferring title to property
Relinquishment deed · Giving up one's share in jointly inherited property
Leave and licence · Permission to occupy without creating a tenancy
Rent control · State laws protecting tenants from eviction and high rents
Memorandum of Association · A company's charter, stating its name, objects and liability
Articles of Association · A company's internal rules
Promoter · A person who forms a company
Prospectus · An offer document inviting the public to buy securities
Debenture · A debt instrument issued by a company
Holding and subsidiary company · A company controlled by another company
Private and public company · Companies that restrict or allow public investment
Promissory note · A written unconditional promise to pay
Bill of exchange · A written order directing a person to pay
Holder in due course · A good-faith holder of a negotiable instrument for value
Bank guarantee · A bank's promise to pay if its customer defaults
Letter of credit · A bank's undertaking to pay a seller on presentation of documents
Hypothecation · A charge on movable property without transferring possession
Lien · A right to retain property until a debt is paid
Charge on assets · Security created over a company's assets
Irretrievable breakdown of marriage · A marriage that is dead beyond repair
Cooling-off period · The six-month wait before a mutual consent divorce
Customary divorce · Divorce recognised by the custom of a community
Adoption in Hindu law · Adoption under the Hindu Adoptions and Maintenance Act 1956
Workman · An employee covered by the Industrial Disputes Act
Retrenchment · Termination of workers for reasons other than punishment
Lay-off · Temporary inability to give work
Lockout and strike · Stoppage of work by the employer or by workers
Gratuity · A lump sum paid on leaving employment after five years
Direct and indirect taxes · Taxes borne by the payer, and taxes passed on to consumers
Cess and surcharge · Additional levies for specific purposes
Input tax credit · Credit for tax paid on inputs under GST
Coram · The judges hearing a case
Cause title · The heading of a case naming the parties
Prayer · The relief sought from the court
Paper book · The compiled set of pleadings and documents for a hearing
Synopsis and list of dates · The summary placed at the start of a Supreme Court petition
Counter affidavit · The respondent's reply to a writ petition
Rejoinder · The petitioner's reply to the counter affidavit
Issue notice · The court asks the other side to respond
Dasti service · Service of notice by the party itself
Tagging · Listing related cases together
Part-heard · A case whose hearing has begun but not finished
Judgment reserved · Hearing complete, decision to be delivered later
Status report · A report on the progress of an investigation or compliance
Written submissions · Arguments filed in writing
Order sheet · The day-to-day record of proceedings
Certified copy · An official copy of a judgment or record
In-chamber hearing · A hearing in the judge's chamber rather than open court
Headnote · A summary at the top of a reported judgment
Bare Act · The text of a statute without commentary
Bar and Bench · Lawyers and judges
PlusAll 368 entries, and every heading in the LibraryYours from ₹1,499, till CLAT 2028See Plus
