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Glossary

Indian legal terms, in plain language.

54 terms an Indian practice actually uses — each defined plainly and linked to the provision that gives it meaning. Free, and always will be.

54 terms

A

Adjournment

Hearings & limitation

Postponement of a hearing to a later date, on the court's own motion or at a party's request.

See alsoCause listPart-heard

Anticipatory bail

Criminal procedure

A direction that a person be released on bail if arrested, sought before the arrest happens, where there is reason to apprehend it.

Section 482, BNSS 2023 (formerly Section 438, CrPC 1973)

See alsoBailable offenceRemand

Arbitration

Enforcement & recovery

Private determination of a dispute by a tribunal the parties have agreed on, producing an award enforceable like a decree.

Arbitration and Conciliation Act, 1996

See alsoExecutionLok Adalat

B

Bailable offence

Criminal procedure

An offence for which bail is a matter of right, granted by the police or the court on furnishing the required bond.

Bharatiya Nagarik Suraksha Sanhita, 2023

See alsoAnticipatory bailCognizable offence

C

Cause list

Hearings & limitation

The list a court publishes of the matters it will take up on a given day, in the order it will reach them.

See alsoItem numberAdjournmentCNR number

Caveat

Civil procedure

A notice filed by someone expecting proceedings against them, so the court will not pass an interim order without hearing them first.

Section 148A, Code of Civil Procedure, 1908

See alsoInterim order

Certiorari

Writs & constitutional

A writ quashing an order of a lower court or tribunal that acted without jurisdiction or against the law.

Article 32 · Article 226

See alsoWrit petitionProhibition

Charge sheet

Criminal procedure

The police report filed on completion of investigation, setting out the evidence and the persons sent for trial.

Section 193, BNSS 2023 (formerly Section 173, CrPC 1973)

See alsoFirst Information Report (FIR)Discharge

Citation

Precedent & citation

The standard reference that locates a reported judgment — year, volume, reporter and page, as in (2018) 1 SCC 560.

See alsoHeadnoteGood law

CNR number

Hearings & limitation

The Case Number Record — a unique 16-character identifier assigned to a case on eCourts that stays with it across transfers and renumbering.

eCourts, National Judicial Data Grid

See alsoCause list

Cognizable offence

Criminal procedure

An offence for which the police may arrest without a warrant and begin investigating without a magistrate's order.

Bharatiya Nagarik Suraksha Sanhita, 2023

See alsoFirst Information Report (FIR)Bailable offence

Compoundable offence

Criminal procedure

An offence the complainant may lawfully settle with the accused, ending the prosecution — in some cases only with the court's permission.

Section 147, Negotiable Instruments Act, 1881 (for §138 cases)

See alsoSection 138, NI Act

Condonation of delay

Hearings & limitation

An application asking the court to admit a filing made after the limitation period, on showing sufficient cause for the delay.

Section 5, Limitation Act, 1963

See alsoLimitation

D

Decree

Civil procedure

The formal adjudication that conclusively determines the rights of the parties on the matters in dispute in a suit.

Section 2(2), Code of Civil Procedure, 1908

See alsoJudgmentOrderExecution

Discharge

Criminal procedure

Release of an accused before trial because the material does not disclose a case to answer. An acquittal, by contrast, comes after trial.

See alsoCharge sheet

Distinguished

Precedent & citation

A court found the facts before it materially different, so it declined to apply an earlier judgment. The earlier judgment survives.

See alsoGood lawOverruled

E

Ex parte

Civil procedure

A step taken or an order passed in the absence of one party, usually because they did not appear despite service.

Order IX, Code of Civil Procedure, 1908

See alsoWritten statementSummons

Execution

Civil procedure

The process of enforcing a decree — recovering the money or obtaining the possession the decree awarded.

Order XXI, Code of Civil Procedure, 1908

See alsoDecree

F

First Information Report (FIR)

Criminal procedure

The written record of the first information received about a cognizable offence, which sets an investigation in motion.

Section 173, BNSS 2023 (formerly Section 154, CrPC 1973)

See alsoCognizable offenceCharge sheet

G

Good law

Precedent & citation

A judgment that still binds — not overruled, not held per incuriam, and not doubted by a larger bench. Always check before relying on an authority.

See alsoOverruledDistinguishedPer incuriam

H

Habeas corpus

Writs & constitutional

A writ directing whoever holds a person in custody to produce them before the court and justify the detention.

Article 32 · Article 226

See alsoWrit petition

Headnote

Precedent & citation

An editorial summary at the head of a reported judgment setting out its issues, ratio and holding. It is a finding aid, not part of the judgment, and cannot be cited as the court's words.

See alsoCitationRatio decidendi

I

Impleadment

Civil procedure

Adding a person as a party to proceedings because their presence is necessary to decide the matter completely.

Order I Rule 10, Code of Civil Procedure, 1908

See alsoPlaint

Injunction

Civil procedure

An order restraining a party from doing something, or requiring them to do it. May be temporary, pending the suit, or permanent as final relief.

Order XXXIX CPC · Specific Relief Act, 1963

See alsoInterim orderStay

Interim order

Civil procedure

A temporary order made while proceedings are pending, holding the position until the matter is finally decided.

See alsoOrderStayInjunction

Item number

Hearings & limitation

A matter's position on the day's cause list. It sets roughly when in the day the matter will be called.

See alsoCause list

J

Judgment

Civil procedure

The statement by a judge of the grounds for a decree or order — the reasoning, as distinct from the operative result.

Section 2(9), Code of Civil Procedure, 1908

See alsoDecreeOrder

Judgment reserved

Hearings & limitation

Arguments have concluded and the court will deliver its decision later rather than pronouncing it in open court that day.

See alsoPart-heardJudgment

L

Limitation

Hearings & limitation

The period within which a suit, appeal or application must be filed. File outside it and the remedy is barred, however good the case.

Limitation Act, 1963

See alsoCondonation of delay

Locus standi

Writs & constitutional

The right to bring a matter before a court. Ordinarily the person affected, though the requirement is relaxed in public interest litigation.

See alsoPublic Interest Litigation (PIL)Writ petition

Lok Adalat

Enforcement & recovery

A forum where pending or pre-litigation disputes are settled by consent. Its award is final and no appeal lies against it.

Legal Services Authorities Act, 1987

See alsoArbitration

M

Mandamus

Writs & constitutional

A writ commanding a public authority to perform a duty it is legally bound to perform.

Article 32 · Article 226

See alsoWrit petitionCertiorari

O

Obiter dicta

Precedent & citation

Observations a judge makes in passing that were not necessary to decide the case. Persuasive, but not binding.

See alsoRatio decidendi

Order

Civil procedure

The formal expression of a civil court's decision that is not a decree. Most interim directions are orders.

Section 2(14), Code of Civil Procedure, 1908

See alsoDecreeInterim order

Overruled

Precedent & citation

A later or larger bench has displaced the principle a judgment laid down. The reasoning no longer holds as law.

See alsoGood lawDistinguished

P

Part-heard

Hearings & limitation

A matter whose hearing has begun but not concluded. It ordinarily returns to the same bench to continue.

See alsoJudgment reservedAdjournment

Per incuriam

Precedent & citation

A decision reached in ignorance of a binding statute or precedent. Because of that oversight it does not bind later courts.

See alsoGood lawOverruled

Plaint

Civil procedure

The document that begins a civil suit, setting out the facts, the cause of action and the relief sought.

Order VII, Code of Civil Procedure, 1908

See alsoWritten statementDecree

Prohibition

Writs & constitutional

A writ stopping a lower court or tribunal from continuing with a matter that exceeds its jurisdiction. Certiorari undoes; prohibition prevents.

Article 32 · Article 226

See alsoCertiorariWrit petition

Public Interest Litigation (PIL)

Writs & constitutional

Proceedings brought for a class or the public at large rather than the petitioner's own grievance, where those affected cannot readily approach the court themselves.

See alsoLocus standiWrit petition

Q

Quo warranto

Writs & constitutional

A writ questioning the authority by which a person holds a public office.

Article 32 · Article 226

See alsoWrit petition

R

Ratio decidendi

Precedent & citation

The legal principle a judgment actually decides, applied to its material facts. This is the part that binds later courts.

See alsoObiter dictaGood lawStare decisis

Remand

Criminal procedure

An order committing an accused to police or judicial custody for a specified period while investigation or trial continues.

See alsoAnticipatory bail

Res judicata

Civil procedure

A matter finally decided between the same parties by a competent court cannot be litigated again.

Section 11, Code of Civil Procedure, 1908

See alsoDecreeStare decisis

S

SARFAESI

Enforcement & recovery

The regime allowing a secured creditor to enforce its security and realise a defaulted debt without first obtaining a court decree.

SARFAESI Act, 2002

See alsoExecution

Section 138, NI Act

Enforcement & recovery

The offence of dishonour of a cheque for insufficiency of funds, subject to statutory notice and timelines. One of the highest-volume proceedings in Indian courts.

Section 138, Negotiable Instruments Act, 1881

See alsoCompoundable offence

Special Leave Petition (SLP)

Precedent & citation

A petition asking the Supreme Court for permission to appeal against almost any order of any court or tribunal in India. Leave is discretionary; granting it converts the petition into an appeal.

Article 136, Constitution of India

See alsoWrit petition

Stare decisis

Precedent & citation

The principle that courts follow settled precedent, so that like cases are decided alike and the law stays predictable.

See alsoRatio decidendi

Stay

Civil procedure

An order suspending the effect of a decision or halting proceedings, usually while a challenge to it is heard.

See alsoInterim orderInjunction

Summons

Criminal procedure

A court's written direction requiring a person to appear before it on a stated date.

See alsoWarrantEx parte

V

Vakalatnama

Hearings & limitation

The document by which a client authorises an advocate to appear and act for them in a particular matter.

See alsoCause list

W

Warrant

Criminal procedure

A written authority from a court directing that a person be arrested and produced, usually issued when a summons has not secured appearance.

See alsoSummonsRemand

Writ petition

Writs & constitutional

A petition asking a constitutional court to enforce a fundamental right or correct an authority acting unlawfully.

Article 32 (Supreme Court) · Article 226 (High Courts)

See alsoHabeas corpusMandamusCertiorariLocus standi

Written statement

Civil procedure

The defendant's formal reply to a plaint, admitting or denying each averment and raising any defence.

Order VIII, Code of Civil Procedure, 1908

See alsoPlaintEx parte

A note on use. These are plain-language explanations to help you find your footing — not legal advice, and not a substitute for the statute. Section numbers move: the 2023 criminal codes renumbered much of the CrPC, so verify any provision against its current text before relying on it. Found something wrong or missing? Tell us and we’ll fix it.

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