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9/21/18

Basic legal terms for CLAT, court, judiciary, LL.B. etc.

           

 This article deals with Basic legal terms for the CLAT exam, judiciary, court and for law students. 

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1.    Accident:      a sudden event occurring without intent or volition whether through negligence, carelessness, unawareness, ignorance, or a combination of causes and producing and 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 which 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:     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 of 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 Office 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 broadcast, 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 in 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 other person legally incapable of managing his own affair; a person having the right and duty to protect the property or right 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 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 principle.

40.           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.


   

                                                                       Thanks for reading, 

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