This article deals with Basic legal terms for
the CLAT exam, judiciary, court and law students.
1. Accident: a sudden event
occurring without intent or volition whether through negligence, carelessness,
unawareness, ignorance, or a combination of causes and producing an unfortunate
result; an Unexpected happening causing
loss or injury which it is not due to the fault of the person (Sec. 80) IPC,
2. Accused: a person becomes an accused immediately
after he has been arrested by the police for an offence which forms the subject
matter of investigation by them.
3. Act of God: an accident that occurs due to the operation
of natural forces, which no human foresight could provide against.
4. Adjourn: to defer the hearing if a case to another
date in the court.
5. Affidavit: A written statement
under an oath, which is sworn to by the person making it, as true.
6. Agreement: every promise and
every set of promises, forming the consideration for each other. is an
agreement section 2(e), Indian Contract Act.
7. Alimony: the maintenance given by the husband to his
divorced wife.
8. Anticipatory Bail, under Section 438 of the Cr.P.C., means that a person who
apprehends arrest on a wrong accusation of committing a non-bailable offence,
can apply before a competent court for a direction to police to immediately
release such a person on bail in the event of arrest. However, the grant of
anticipatory bail is discretionary and dependant on the nature and gravity of
accusations, the antecedents of the applicant and the possibility of the
applicant fleeing from justice.
9. Award: 1. a decision given by an arbitrator or
Empire; the document embodying it [section 2(b) arbitration act ] 2. a sentence
or decision after examination; the document embodying it section 2(a),
requisitioning and acquisition of immovable property act; 3. to adjudge; 4. Something that is conferred or
bestowed upon a person.
10. Bail: temporary release
from imprisonment on furnishing surety or security to appear for trial the
surety so given (section 205 IPC),
11. Bail Bond: a bond given by a
Prisoner and his surety to ensure the appearance of the former in the court on
a fixed day or when called upon (section 436 to CRPC ).
12. Bailable: in which bail is to be granted as a
matter of right.
13. Bailable Offence: This means an offence, which has been
categorized as bailable, and in case of such offence, bail can be claimed,
subject to fulfillment of certain conditions, as a matter of right under
Section 436 of the Cr.P.C. In the case of bailable offences, the Police are
authorised to give bail to the accused at the time of arrest or detention.
14. Bailment: when goods are left by one person with
another to hold in accordance with instructions.
15. Bigamy: entering into a marriage with one person
while still legally married to another.
16. Charge sheet: it is the process in
which the officer in charge of the police station for Lock-up enters the
accusation or charges again person brought there in custody whether arrested with
or without a warrant.
17. Cognizable Offence/case: has been defined under
Section 2 (c) of Cr.P.C., as an offence/case in which a Police Officer can
arrest without a warrant.
18. Commutation: the change of a penalty
if punishment from a greater to less punishment.
19. Conviction: conviction is the act
of a court awarding a person guilty of a criminal offence and awarding a
punishment.
20. Copyright: the exclusive right of
printing or otherwise multiplying copies of published literary work; that is,
the right of preventing all others from doing so. The infringement of this
right is called piracy. copyright extends to original, artistic, dramatic and
musical works and to recordings films and broadcasts, etc.
21. Contract: a legally binding
agreement between two parties; an agreement enforceable by law section 2(h), Indian Contract Act.
22. Covenant: an agreement written
between two persons, whereby one is enjoying to do or not to do something.
23. Decree: a judgment delivered by Court.
24.
Defamation: publication of
false and derogatory statement regarding a person which lowers his reputation
in the eyes of members of the society; the action of defaming; the effect of
being defamed (section 499 IPC).
25. Deponent: a person who makes an
affidavit or deposition.
26. Estoppels: a rule of evidence
preventing a person from denying the truth of a statement which he has made
previously by which he has led another to believe and act upon.
27. Exhibit: anything exhibited; any document which
in the course of a judicial proceeding is produced and put in court to form
part of the record and to give information to arrive at a decision
28. Execution: the action of
executing a document or for getting into effect
29. F.I.R (first information report), is a formal record of a complaint, by
police in case of commission of a cognizable offence, and can be considered as
a first step in the process of the investigation of a cognizable offence by
Police.
30. Fraud: Criminal
deception; the using of false
representations to obtain an unjust advantage or to injure the right or
interests of another
31. Genocide: mass killing of a
group of people belonging to a particular religion, race, etc.
32. Guardian: one who has or is
entitled to the custody of the person or property or both of a minor or an
idiot, or another person legally incapable of managing his own affair; a person
having the right and duty to protect the property or rights of a minor person.
33. Homicide: The killing of a
human being by another human being.
34. Hostile witness: the witness who makes
statements adverse to the party calling and examining him.
35. Indemnity: security or
protection against hurt, loss or damage,; exemption from incurred penalties or
liabilities; something that indemnifies
or is by way of reimbursement for incurred liabilities see (contract of
indemnity ) [Section 124 Indian Contract Act ]
36. In-camera: not in the open court, in private.
37. Libel: a defamatory
statement especially in writing but it includes also pictures, signs, or
electronic broadcast.
38. Non-Cognizable Offence: this is an offence
where the police have no legal authority to arrest the accused person without a
warrant from the court
39. Non-bailable Offence, means an offence in which the bail cannot be granted as a matter
of right, except on the orders of a competent court. In such cases, the accused
can apply for the grant of bail under Section 437 and 439 of the Cr.P.C. It is
important to note that the grant of bail in a non-bailable offence is subject
to the judicial discretion of the Court, and it has been mandated by the
Supreme Court of India that "Bail, not Jail" should be the governing
and guiding principles.
40. Non-cognizable
Offence/case: Non-cognizable Offence/case has been
defined under Section 2 (l) of Cr.P.C., as an offence/case in which a Police
Officer has no authority to arrest without a warrant.
41. Post mortem: an examination of the
dead body to ascertain the actual cause of death.
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