LEGAL TERMS

1. Accomplice: An accomplice is one who takes part with or assists an offender, in the commission of
an offence. He may be an aider, an abettor or an accessory. Generally, he is an accused turning or assenting
on evidence, when he confesses his guilt and offers himself as a witness against his co-accused he is called
approver. A guilty associate or a partner in a crime who has a conscious hand in the offence is an accomplice.
2. Act of God: An event beyond the control of human beings, operating as a supervening or
overwhelming force is often referred to an ‘Act of God’. If an event could not be reasonably foreseen by
human foresight or skill, it is said to be an ‘Act of God’. If any wrong is the necessary result of an ‘Act of
God’, then the wrong-doer is excused for such wrong. Act of God is a defence in commission of torts.
3. Approver: An approver is an accomplice in crime, who had undertaken to make full disclosure of
the commission of crime against his companions in the crime committed jointly by them, on a promise of a
pardon being granted to him.
4. Ad-Idem: Identity of minds. If two or more persons agree upon the same thing in the same sense,
they are at ‘ad-idem’. If they give their consent after such (ad) idem, they are said to be willing parties to the
agreement. Such meeting of the mind of two or more persons is called, ‘consensus ad-idem’ and it is an
essential feature of a valid contract. In between the contracting parties, there must be mutuality of minds. This
mutuality is otherwise known ‘ad-idem’.
5. Adjudication: The passing of a judgment, sentence or decree is called ‘adjudication’. If any matter is
finally decided by a Court of Law, the matter is said to be adjudicated. Adjudication order is the other kind of
an order of a Court of insolvency declaring a person an insolvent. This term, thus, has this particular
relevance in declaring a person an insolvent.
6. Adjournment: A postponement of a case from one date to another date is known as adjournment
of the case. If a case is postponed from one date to another, or if a sale to be held by the court is postponed to
a later date, or if any proceeding of the court is postponed to later date, that case, sale or proceeding is said to
have been ‘adjourned’.
7. Admission: In legal parlance, this term has a definite connotation, which is somewhat different
from its ordinary meaning with which it is known in the ordinary parlance. Admission may be either a direct
admission or an indirect admission. If a fact stated by one party is not
specifically denied by the other party, the other party is said to have indirectly admitted they said
fact. When that fact is put to the other party and the other party says ‘yes’, then the fact is said to be
directly admitted by the other party. An admitted fact need not be proved, Self-harming statements
in civil cases are called, ‘admissions’ and those in criminal cases, are called, ‘confessions’.
8. Ad valorem: It means, ‘according to value’. This term is mostly used in calculating the
court fees payable on any suit for recovery of damages in money, suit for recovery of moneys, suit
for recovery of debts, suit for recovery of possession of movable or immovable properties etc.
When the court-fees are to be calculated in proportion to the value of the property or other things
involved in the suit, then the court fees is called ‘ad valorem’.
9. Affidavit: It is a written statement affirmed by the person making it in presence of
another person having authority to attest the affirmation of the statement by the person making it.
The person making such statement is called, ‘deponent’, and the act of affirming is called,
‘deposition’. In such statements, only those facts of which the deponent has personal knowledge
must be stated.
10. Amicus Curiae: An ‘amicus curiae’ is otherwise known as, ‘friend of the court’.
Whenever the court has any doubt in regards to any legal point involved in a particular case before
the court, any member of the bar (an advocate) may be requested by the court to assist the court in
clearing such a doubt. Such a member of the bar who is called upon by the court to assist the court
is called, ‘amicus curiae’. Such a member of the bar must be one who is not engaged by either of the
parties to the case.
11. Amendment: An act of improving, correcting or altering is called amendment. In the
civil courts, this term is used in reference to leadings and sometimes, in reference to decrees passed
by the court. If any fact stated either by the plaintiff or by the defendant to a suit is desired to be
altered or corrected or modified or deleted or substituted, subsequently, such an act of alteration etc.
is called, ‘amendment’. In certain circumstances, decree passed by the court also may be so,
‘amended’.
12. Bonafide: This term simply means ‘good faith’. There is an absence of any intention to
cheat or deceive. If an act is done honestly, faithfully and genuinely without having any intention to
deceive or defraud or cheat the other person to whom the act is done, then the act is said to have
been performed, bonafide - in good faith. The element of innocence in commission of the act
constitutes bonafide
13. Breach of Contract: If a party to a contract undertakes to perform an obligation and he
does not perform that obligation he is said to have ‘breached’ the contract. Breach of contract
contemplates an act of omission. Non-performance of an obligation arising out of a contract is
called, ‘breach of contract’.
14. Capital Punishment: It means ‘penalty of death’. The object of punishment in criminal
law is to make the offender suffer either in person or in purse or in both, so that one may not
commit the same in future. The object is not only this. It is also to make others understand that they will
be similarly dealt with in case they commit such offences. Punishment is not compensation, but it is
penalty.
15. Coercion: The simple meaning of this term is ‘threatening’. In the Law of Contract, it
means something more. Only when both the parties to an agreement give their consent freely
without any fear, a contract comes into existence. If one party gives this consent, because the other
party has threatened him, then such consent is not a free consent. In order to compel an ‘unwilling
person’ to become a ‘willing party’ to an agreement, the other person commits any act which if
forbidden under the Indian Penal Code, such an act is called ‘coercion’. Or without committing
such act if the other persons threaten to commit such act, then such threatening is also called
‘coercion’. Instead of committing any such act, if the other person detains any property belonging to
the ‘unwilling person’ in order to compel him to give his consent for the agreement, or he threatens
to detain the property for the said purpose of compelling him to give his consent to the said
agreement, the act of detaining or threatening to detain is also called ‘coercion’.
16. Consent: This term means the expression of willingness of a person to enter into an
agreement with other person. Two or more persons are said to consent when they agree upon the
same thing in the same sense. This element of consent is one of the essential elements of a contract.
When there is no consent, there is no contract. For an agreement, consent is the most essential, and
for the agreement to become a contract, this consent may be ‘free consent’.
17. Counter-Claim: An independent claim made against the claimant is called ‘counter-
claim’. In a suit, the plaintiff makes a claim against the defendant. If the defendant makes another
claim against the plaintiff, this claim of the defendant is known as counter-claim. Countering the
claim of the plaintiff is only an act of defense by the defendant. It does not impose any liability on
the plaintiff. But a counter-claim is one which imposes a liability on the plaintiff. The claim of the
plaintiff and the counter-claim of the defendant are two different and independent claims.
18. Compromise: As adjustment between the parties to a dispute ending in a settlement is
known as compromise. A compromise means a mutual adjustment. A compromise contemplates a
different relief from the relief sought for by the plaintiff in a case. If the relief sought for by the
plaintiff is admitted by the defendant, then such an act is not called ‘compromise’, it is called
submission.
19. Cur Adv-vult: It is an abbreviation of ‘Curia Advisari Vult’. This term means, ‘the
court desires to consider’. This term is usually denoted by the abbreviation ‘C.A.V.’. On any point
of fact, if the Court has taken time to consider the point forgiving its decision, this fact is denoted
by the letters C.A.V. In such cases, in order to indicate that the Court has not come to the decision
at once, simply after hearing the arguments, but after taking sufficient time to consider the point of
fact, the Judge places these letters at the end of arguments in his judgment.
20. Damages: Damages is the compensation awarded by the Court to compensate the loss
suffered by the aggrieved person. In other words, damages is the compensation to compensate the
damage caused to the innocent party. Damage is what is caused, damages is what is claimed. If A
has suffered loss due to the act of B, the loss is called ‘damage’. If A then claims certain sum of
money to compensate that ‘loss’, his claim is called ‘damages’.
21. Defamation: ‘Defamation’ is the injury caused to a person’s fame and dignity. Libel and
slander are the particular forms of it. Defamation maybe caused either by expression of words, or by
indication of signs, or by visible representations (gestures).Such an act must have been intended to
harm the reputation of the person to whom it is directed or against whom it is leveled. It is not
enough if the concerned person alone knows about it. The defamation or defamatory matter must be
published, or at least communicated to person other than the one defamed.
22. Defence: Defence is the specific denial of the plaintiff’s allegations by the defendant.
Defence is that thing which a man does in order to defend himself from the legal consequences of
the proceedings instituted against him. It starts with the act of denial and ends with the act of proof.
A mere denial without its proof is no defence.
23. De-facto: This term means ‘in fact’. ‘De facto’ implies a factual position without legal
sanction used with reference to any person or a thing in existence. If a person is a guardian of a
minor without there being any legal sanction for occupying such a position, that person is said to be
‘de-facto guardian’ of the minor. If a minor is in the actual care and custody of another person who
is neither natural guardian nor the appointed guardian of the said minor then that person is called
‘de-facto guardian’.
24. De Jure: This term is different from ‘de facto’. It implies a legal position with a legal
sanction. For a minor who has no parents nor any person to take care and custody of him, if the
court appoints a person of its choice as the minor’s guardian, such a guardian is known as ‘de jure
guardian’. This term means “in law”.
25. Deposit: An act of receiving, keeping, preserving a thing belonging to another with his
consent is known as deposit. The person in whose custody things are deposited does not become the
owner of the things deposited. He has no obligation to return the things on the fulfillment of the
stipulated condition. Though the thing comes to the possession of the other person, the person
depositing the thing does not cease to be the owner of the thing.
26. Detinue: It implies the legal action for the recovery of chattels. If a person is detaining
the things belonging to other without the latter’s consent, the other person is entitled to an action in
detinue. If a person is detaining the money of the other then the other is entitled to an action in debt.
Debt is an action for the recovery of money, and detinue is for chattels.
27. Distress: It is another kind of legal action. If a person fails to do his obligation, the
 affected person can take the moveable property of the defaulting person and keep it with him in
order to compel the wrong-doer to perform the obligation. Until the obligation is performed the
things can be detained by the affected person. Such a right is known as right of distress.
28. Earnest-Money: It is the sum of money deposited by one party to a contract, with the
other party to the said contract for due performance of the first party’s obligation. He guarantees his
performance which is secured by this earnest-money. In case the performance is not done, the party
depositing this earnest-money is losing that money. Earnest money is paid as token of good faith
acknowledging the binding character of the bargain on penalty of forfeiture.
29. Equity: Equity is the body of rules considered as governing all on account of their
excellence and universality. The rules are not rigid. In its primary sense, equity is fairness of the
rule of conduct which ought to be followed by all. Law of Equity is not a strict law. It concerns with
the positive laws not according to their strict letter but to other reasonable spirit.
30. Estoppel: It means that in certain circumstances a party will not be allowed to show the
truth in his own favour, when he has, by some act or deed or negligence, led the other party to
believe that something else is the truth. Estoppel is a rule of civil actions. It has no application to
criminal proceedings. When a person makes a declaration, or does an act with an intention to make
the other person to believe a thing to be true, and that other believing it to be true has acted upon
that belief, the first person cannot be allowed to deny the truth of that thing.
31. Evidence: Facts stated by a person can be proved only by his evidence. A fact stated
may be proved either by oral evidence or by documents. Statements made by witnesses in relation to
matters of fact under enquiry are called oral evidence. Documents produced in relation to matter of
fact under inquiry are called documentary evidence. If a fact is stated in the plaint or written
statement, it is called ‘pleading’. If the same fact is spoken by the plaintiff of the defendant as the
case may be, in the court in the witness-box, it is called evidence.
32. Execution: It is a process of court by which a decree passed by a trial court or appellate
court is ordered to be enforced in a mode prescribed by the said order. When a court passes a decree
directing the defendant in the suit to carry out certain obligation, the defendant has a legal liability
to carry out the obligation. If he fails, then the court has the power to enforce the said decree in the
matter permitted under the Civil Procedure Code. This term is also applicable to documents. A
document is said to be executed if the authority of the document duly puts in signature subscribing
to the contents of the document.
33. Ex-Parte: The expression does carry with it the connotation that a Court has proceeded
with a case in the absence of the other party to the case. This expression is used to signify
something done or said by one person not in the presence of his opponent. If a court passes any
decree or order for dismissal, in the absence of one of the parties to the case, in favour of the either
party present in the court, the decree or the order is said to be ex-parte.
34. Fraud: This term connotes actual dishonesty. Any act of suppression of facts, of
suggestion of false thing, done with an intention to deceive the other party, is called ‘fraud’. When
fraud is committed, the aggrieved party has a right to proceed, against the fraudulent party for
damages. In simple terms, this fraud may be described as ‘procuring of advantage to one self by
causing a person with whom one deals to act upon a false belief’.
35. Habeas Corpus: Literally it means ‘have the body’. When any person is detained by a
Government servant, such as a police officer, without reasonable cause or without there being an
order of a court for such detention, such detained person may be ordered to be produced before the
court. Such an order is known as Writ of Habeas Corpus. The writ is one of the safeguards of
personal liberty, which may be taken away by public restraint.
36. Hearsay: This term is used in evidence. Hearsay evidence means evidence given by a
witness on matters heard by him from someone else. Sometimes, the term hearsay means whatever
a person has heard to say; and sometimes it means whatever a person declares on information given
by someone else. It is otherwise called second-hand evidence. Usually such hearsay evidence is not
admissible in courts.
37. Homicide: Homicide literally means killing of a human being. If a human being is killed
by another human being, it is called ‘murder’. Homicide maybe either
(i) lawful or
(ii) unlawful.
Again, unlawful homicide is of two kinds,
(a) Murder &
(b) Culpable Homicide not amounting to murder. An act of killing done with the intention to cause the
death is called culpable homicide.
38. Informa Pauperis: It is a privilege accorded to an indigent person (also called ‘pauper’)
who is unable to pay the required court-fees to institute a suit to enforce his civil right. A person
who has no means to pay court-fees to institute a suit, may be allowed by the Court to institute the
suit without paying the required court-fees, provided he is able to convince the court that he has no
means to pay the required court-fees. If he institutes the suit without paying court-fees, he is said to
have filed the suit ‘informa pauperis’.
39. In Camera: The Judge’s private room is usually called ‘Camera’. Sometimes, cases of
such nature where a little amount of privacy is thought fit by the Court, the court may permit to
conduct such cases in his private room, or the Judge may direct all persons except the witnesses,
parties to the suit and the counsel who are to examine those witnesses, to leave the court hall and in
such a secluded court-hall, the cases may be conducted. Such proceedings are called, ‘In camera
proceedings’.
40. In Limine: This term means ‘at the outset’. If any case deserves to be dismissed without
calling for any evidence, on the fact of it appearing to be bad case, then the dismissal of such a suit
is said to have been dismissed “in limine”.
41. Injunction: It is an order of a court restraining some person or persons from doing
certain things which are detrimental to the interests of another or others. If the court restrains a
person from doing any act, it is a preventive injunction; if the court directs a person to do a thing, it
is mandatory injunction and such an order of injunction may be either temporary or permanent.
42. Insolvent: A debtor (whose debt is exceeding Rs.500/-) is said to be ‘insolvent’ when he
cannot pay his debts as they become due and payable, out of his own moneys. This state of that
person is called ‘insolvency’. Any person who is proved to have done an act of insolvency may be
declared as ‘insolvent’ by the court. Insolvency is the term denoting the state of one whose assets
are insufficient to pay his liabilities.
43. Insurance: It is a contract between the ‘insured’ and the ‘insurer’. By such a contract,
the ‘insurer’ undertakes to pay a certain sum of money to the ‘insured’ in case an uncertain future
event does happen or does not happen. In a life insurance policy the insurance company undertakes
to pay a certain sum of money in case the ‘insured’ dies (though death is not uncertain, the time of
one’s death is uncertain).
44. Issue: The point or points in question arising out of pleadings which one party affirms
and the other denies is known as an ‘issue’. An ‘issue’ arises when a material proposition of fact is
affirmed by one party and denied by the other. An issue may be of fact or of law. ‘Facts in issue’
mean the matters which are in dispute and which have to be decided by the court.
45. Judgement: The decision of a court pronounced in a legal proceeding is called
‘judgement’. It contains the facts of the cases of both the sides, the evidence adduced by both the
sides, the arguments put forward by the counsel for both the sides, the discussion of these things by
the judge, his reasoning for arriving at his conclusion, and lastly the conclusion of the judge. A
judgement binds both the parties to the suit.
46. Jurisdiction: This term refers to the authority of a court to decide a particular matter. It
also means the competency of a court to entertain an action. It also refers to the territorial limit or
pecuniary limit of a court in entertaining various civil and criminal matters.
47. Liability: The word ‘liability’ has a wide connotation. It means legal responsibility or
obligation to do a thing. It is a state of being bound or obliged in law or justice. In civil law the term,
‘liability’ indicates the obligation to do, pay or make good something. In criminal law it means and
covers every punishment to which a man subjects himself by violating the law of the land.
48. Licence: It is a permission given by one person to another to do in or upon the
immovable property which would, but for such permission, be unlawful. A license is strictly
personal. It cannot be transferred by the licensee (the person to whom licence has been granted). But
a licence to attend a place of public entertainment can be transferred unless it is specifically
 prohibited.
49. Magna Carta: It refers to a charter originally granted by King John and afterwards re-
enacted by the British Parliament. “It remains as a part of the Constitution of Great Britain”.
Strictly speaking, it is not a legal term, but a legal document or charter. It now finds a place in the
Statute Books of Great Britain. It means “the Great Charter”.
50. Maintenance: Maintenance is a provision for food, clothing and residence and other
necessaries given to near relations, such as children, wife, legitimate and illegitimate and other
dependents. Minor sons, unmarried daughters, aged parents are to be maintained. An earning son or
an earning daughter has to maintain his or her aged parents in case they are not able to maintain
themselves.
51. Mala Fide: ‘Bona’ means good and ‘mala’ means bad. Bona fide means good faith and
mala fide means bad faith. Mala fide and malice are synonymous forms. The term, ‘mala fide’
implies breach of faith or willful failure to respond to one’s known obligation or duty. An act done
without good intention is said to have been done ‘mala fide’.
52. Minor: Minor is a person who has not completed the age of eighteen years. Where a
minor is a ward under an appointed guardian, his minority terminates at the age of his twenty first
year. Under law, a minor has no capacity to enter into an agreement. If he is a party to an
agreement, that agreement is void. Since law wants to protect minors because the maturity of mind
to decide what is good and what is bad for them.
53. Mortgage: A ‘mortgage’ is a transfer of an interest in specific immoveable property for
securing the repayment of money borrowed. Where a debt is raised on the security of an
immoveable property, the transaction is known as ‘mortgage’. The person who borrows is called
‘mortgagor’ and the person who pays money is called ‘mortgagee’.
54. Murder: Murder is merely a particular form of culpable homicide. Every murder is a
culpable homicide, but every culpable homicide is not a murder. In murder, death of the victim is
caused by an unlawful act done with an intention to cause death. The victim must be a human being.
If the victim is an animal, it is not a murder.
55. Natural Justice: It is opposite to legal justice. In rendering legal justice strict legal rules
are observed. In natural justice the conscience is invoked and not legal principles. Rules of natural
justice are not codified, but they are principles ingrained into the conscience of men. Natural justice
is the administration of justice is a common sense or liberal way. It flows from natural ideals and
ends in human values.
56. Necessaries: Necessary means what is indispensable, needful or essential. ‘Necessaries’
is a relative term. What is necessary to one person may not be necessary to another person. A car is a
necessary for a medical doctor, but is a luxury for a ministerial servant. The things which are
needful for the very survival of a person are called necessaries.
57. Negligence: Negligence is the absence of such care, skill and diligence as it was the duty
of the person to bring to the performance of the work which he is said not to have performed. Where
the diligence is required, and that amount of diligence has not been exercised. It is negligence. The
omission to do an act which ought to be done, the commission of an act which ought not to be done,
is negligence.
58. Negotiable Instrument: A negotiable instrument creates certain rights in the person
who is in possession of the instrument. It can be easily transferred (negotiated). There are certain
presumptions attached to a negotiable instrument. An instrument to be called negotiable instrument,
must be transferrable by mere delivery of it or endorsement and delivery of it. If it is delivered to
another person, all rights the person hitherto has been enjoying on the instrument are transferred to
other person. Cheques, Bills of Exchange and Promissory notes are a few negotiable instruments.
59. Oath: It is an appeal to God to witness the truth of a statement. Any statement made after
taking oath is believed to be true. Any statement made on oath will, if found to be false, be a ground
for a proceeding against the person making it, for perjury. A Hindu takes oath on the Gita or the
Thirukkural; a Christan takes oath on the Bible; a Jew takes oath on the Pentateuch and a
Mohammedan takes oath on the Koran.
60. Obscene: It is also a relative term. What is obscene for one person may not be obscene
to another person. It all depends on how a man thinks of it. In general, obscenity creates immoral
influences which result in corrupting a man. Obscenity confined to an individual is not an offence.
It is an offence only when the obscenity is published, distributed, sold, etc.., so as to influence the
mind of person in whose hands this is passed.
61. Partition: Partition indicates the joint enjoyment and possession of a property by the
shares of it, and who have the right to divide the property into separate divisions. The shares of the
property may divide the property, each one taking a division in it and thereafter having an
individual title to that division. There is no conferment of any new title to the sharer. He acquires
his individual title by virtue of partition. There is a change of status as well as division of property,
by natural agreement.
62. Persona Designata: A persona designate is a person who is pointed out or described as
an individual filling a particular character. He is a person selected to act in his private capacity and
not in his capacity as a judge. This expression connotes a person pointed out by name or other
personal description in contra-distinction to one whose identity is to be ascertained by the office
which he holds. Thus, a judge or a presiding officer of a tribunal is not persona designata.
63. Perjury: Perjury is an offence of giving false evidence. If a person lawfully sworn as a
witness makes a statement material in a judicial proceeding which he knows to be false or which he
does not believe to be true, he is said to be guilty of perjury. A person to the guilt of perjury should
have a legal obligation to state the truth, and he makes a false statement knowing it to be false.
64. Plaintiff: He is a complaining party in litigation, commencing a law suit for a relief
against his grievance. A plaint is a statement of facts giving the cause of action to seek a relief in
the court of law. The person making and signing such a statement of facts to advance his case for
obtaining that relief from the court is called plaintiff. The other person against whom such relief is
sought for is called defendant.
65. Pre-Emption: It is the right of a person to purchase a property in preference to other. It
is also the right of a person who has option of first refusal. The right is called ‘pre-emptive right’.
The benefit as well as the burden of the right of pre-emption runs with the property concerned. If a
society owns certain lands and desires to sell those lands, its members may be given the pre-emptive
right to purchase those lands in preference to outsiders (non-members).
66. Prescription: Its legal meaning is different from its ordinary meaning. In law, the term
prescription indicates authorisation of a right by long usage. Rights acquired by long usage of a
property are known as ‘rights by prescription’. So title by prescription is acquired by a long,
continuous and uninterrupted possession of property. A prescription may be either (i) negative, or
(ii) positive.
67. Presumption: A presumption is an inference as to a matter of fact which a Judge draws,
or directs a jury to draw, as a matter of law. Presumptions are aids to reasoning and
argumentation, which assume the truth of certain matters for the purpose of some inquiry.
They may be grounded on general experience or probability of any kind, or merely on policy
and convenience. Presumption maybe either (i) presumption of fact, or (ii) presumption of
law, or (iii) mixed presumption of law and fact.
68. Privity: This term indicates participation in interest or knowledge. The relationship
subsisting between the parties to an agreement, where there is mutuality of minds, is often indicates
by this term ‘privity’. The privity that exists between a landlord and a tenant, between a covenantor
and a covenantee, is termed as privity of estate. Privity exists between any two persons when they
understand each other in relation to an agreement or an estate.
69. Promissory Note: It is an instrument creating a right in the promise to demand certain
sum of money agreed upon by the promise who has a liability to pay that sum of money to the
promisee. It is a kind of a negotiable instrument. It contains an unconditional undertaking by the
promisor to pay certain sum of money to the promisee thereof, on a demand made by him.
70. Proof: Proof consists of either evidence or testimony serving the purpose of convincing
the mind of the truth or falsehood of a fact. Once any evidence stands the test of severe legal
scrutiny that evidence is the ‘legal proof’. Such a proof may be either by documentary evidence, or
by oral evidence. Mere allegation of facts is not proof, their evidence is proof. If there is no
evidence, there cannot be any proof.
71. Proviso: It is a clause in a deed, or an instrument, or a statute, whereby certain
condition/ conditions are stated to qualify the contents made before. If some condition is annexed to a
statement, that statement can be put into effect only subject to the condition stated below in this
proviso clause.
72. Quid Pro Quo: That for that, or what for what, is the literal meaning of this term. This
term often signifies the mutual consideration and performance of both parties to an agreement. If
‘A’ agrees to sell his car to ‘B’ at a price of fifty thousand rupees and ‘B’ agrees to purchase it at
that price, the promise of ‘A’ to sell the car, and the reciprocal promise of ‘B’ to buy it at that price,
are ‘quid pro quo’ promises. B’s money is quid pro quo for A’s car.
73. Receiver: It simply means one who receives. But in legal parlance, a receiver is a
person appointed by an interlocutory order of a court to receive rents or other income of an estate of
which there is any disputes between the parties to a suit. If there is a dispute as to whom the rents or
other income from the properties concerned in the suit, the court may direct a person (who is either
of the parties to the suit) to act as Receiver to collect the rents or to realise other income.
74. Redemption: Redemption is the fact of getting back a thing. In legal parlance it denotes
the right of a mortgagor to get back his mortgaged property from the mortgagee on payment of the
loan received by the mortgagor from the mortgagee. A suit by a mortgagor to enforce his right to
pay off the mortgage amount with interest, and to get back the mortgaged property discharged from
debt, is known as a redemption suit.
75. Remand: Technically, it means custody’. To remand a prisoner or arrested person
means to keep him in custody. This term is used in court procedure also. If any case is sent back by
the appellate court to the lower court for taking further evidence, or for any other purpose which the
lower court has omitted to do, the case is said to have been remanded.
76. Remedy: It is a legal solution for an invasion of a right. Remedies may be found out by
the parties themselves without going to court of law. Or, the matter maybe taken to the court of law
by means of a suit. For the infringement of every right, there is a remedy. It may be recalled that
there is a legal maxim, ‘Ubi jus ibi remedium’. Where there is a right, there is a remedy.
77. Rent: The term ‘rent’ in its wider sense means any payment made for the use of land or
building, and thus includes the payment by a licensee in respect of the use and occupation of any
land or building. In its narrower sense it means payment made by tenant to landlord for property
demised to him. Any consideration rendered by a lessee to his lessor is called ‘rent’.
78. Res Judicata: This term means ‘matter already decided’. If any matter or dispute is
between any two or more parties has already been decided by a competent court, that matter cannot
be again raised before the court by any of those parties. But the decision of the former court must be
final and conclusive, and must have been arrived at by that court judicially.
79. Settlement: Settlement means any testamentary disposition in writing of moveable or
immoveable properties made,(a) in consideration of marriage, (b) for the purpose of distributing the
properties among the members of a family, (c) for the purpose of making some provision to some
person who has some relationship (sapinda or non-sapinda), or for any religious or charitable
purpose. It is also denoted by another term, ‘gift’. Settlement is made in favour of persons related to
the settlor, but gift is made even in favour of person not related to the donor. In both the cases, there
is no money consideration.
80. Sine Die: It means ‘indefinitely’. Literal meaning is ‘without a day’. This term is popularly
used whenever a legislative body, such as Parliament or Assembly is adjourned without fixing a
date for assembling again. Such an adjournment is an adjournment sine die.
81. Specific Performance: This term simply means, performing a specific act. If any
particular act, obligation or promise is contemplated in a contract, the performance of that specific
thing is known as specific performance, it is a kind of remedy available to the innocent or aggrieved
party from the defaulting or breaching party to a contract. Specific performance is a specific relief
specified in a contract.
82. Stamp Duty: It is a duty imposed on certain documents while being executed or
registered. Such duties (taxes or levies) are imposed upon written instruments such as receipts,
conveyances, certificates and testimonies. Such duties may be either proportionate to the value of
the subject matter or fixed in amount. Payment of stamp duty is one of the legal formalities to be
fulfilled to validate an agreement incorporated in writing.
 83. Stay of Execution: If a Civil Court passes a decree against a defendant in a suit, he is
legally obliged to act according to the decree. Where he is unwilling to act according to the decree,
or where he has failed to so act, or where he has refused to so act, or where he is delaying the act,
the decree holder (plaintiff), may approach the court again for executing that decree through the
court. Under such circumstances, if the court is convinced that some more time may be given to the
judgement - debtor, the court may order the stay of execution of the decree for the desired time.
Stay of execution, in this connection, means suspension of the operation of the decree.
84. Summons: It is a process of a court directing a person to appear before the court. It may
be issued by a Judge of a Civil Court, or by a Magistrate of a Criminal Court. It is a call of authority
to appear before a Judicial Officer.
85. Surety: A person who gives security for another is known as ‘surety’. He is otherwise
called ‘Guarantor’. A surety discharges the liability of a debtor in case of his default. A surety
undertakes to make good the loss suffered by the creditor, by the conduct of the debtor. The
‘debtor’ in such cases, is usually termed as ‘principal debtor’, which term further connotes that the
surety is a ‘secondary debtor’.
86. Taxation: Levying of taxes is known as, ‘taxation’. A tax is a compulsory exaction of
money by public authority for public purposes enforceable by law and is not payment for services
rendered or to be rendered. A tax is collected for public purposes. A fee is supported by
consideration, whereas a tax is not. A fee may be collected even by individuals, whereas a tax may
be collected only by a Government.
87. Tenant: It is a designation given to a person occupying lands or building belonging to
another on an agreement to pay rent for occupying that land or building. He is a party to an
agreement of tenancy, the other party being the landlord. His rights and obligations are laid down in
the agreement often and in case where he is a contractual tenant, and in case of a statutory tenant,
his rights and obligations are provided in the relevant Act or Acts of Legislature.
88. Title: Title is a right to a property, office or an appointment. It is transferable either by
sale, or by settlement, or by gift, or by will. Such a transfer is for consideration in some cases, and
for no consideration in other cases. Such a title is created by a document, transferred by a deed,
devolving upon succession, or inherited by inheritance. Titles are jurisprudentially, acts or events
that create, transfer or destroy rights.
89. Tort: Tort is an act or omission which is unauthorized by law. It is a kind of a civil
wrong. Therefore, the affected person can claim unliquidated damages. A tort is often distinguished
from a crime. A tort is a wrong done to an individual, for which the wrong-doer is liable to pay
damages. A crime is a wrong done to the public as a whole, for which the offender (wrong-doer) is
punished by the State. Tort is different from breach of contract, breach of trust and breach of other
equitable obligation.
90. Trademark: A mark used for denoting that the products are the manufacture, or the
goods are the merchandise, of a particular person, is called a trade-mark. The use of certain trade-
marks is necessitated to distinguish the goods of the proprietor of particular trade-mark from similar
goods in the market.
91. Transfer: A permanent alienation is a transfer. Such alienation may be In respect of
movables or immovables. All the rights hitherto enjoyed by the owner are transferred to the buyer, or
others. It is not necessary that every transfer must be supported by consideration. A transfer may be
absolute or conditional.
92. Treason: It is an offence against the State. It is the highest known crime. It aims at the
very root of Government itself. In India treason is applied to the ‘waging of War’ and attempting to
or abetting the waging of the war against the State and is punishable under the Indian Penal Code.
93. Trespass: A trespass is an injury committed with violence and this violence may be
either actual or implied. Though violence is not actually used, law will imply violence, where the
injury is of a direct and immediate kind. An assault is an actual violence. Peaceful but wrongful
entry into other man’s lands is an implied violence.
94. Trial: The examination of a cause for a case, civil or criminal, by a competent court is
known as ‘trial’. Trial ends in a conclusion, by a competent court, of questions in issue in its
proceedings, whether civil or criminal. The hearing of a cause of action, civil or criminal. Before a
judge who has jurisdiction over the matter according to the laws of the land is also known as trial.
95. Trust: A trust is an obligation annexed to the ownership of property and arising out of a
confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit
of another, or of another and the owner. The person who creates a trust is called ‘author of trust’, and
the person or persons in whom the trust is created is/ are called ‘trustee’ or ‘trustees’ and the person
or persons is whose favour a trust is created is or are called ‘beneficiary’ or ‘beneficiaries’.
Sometimes, a trust is created for the benefit of the owner himself.
96. Ultra vires: ‘Ultra’ means beyond, and ‘vires’ means powers. When certain powers are
legally conferred upon a person, that person can exercise only those powers. If he does not act
beyond the scope of those powers, he is said to have done the act, ultravires. This term is very
popularly used in constitutional matters and also in company matters. We know that when the
parliament or an assembly passes a law, the passing of that law being beyond the powers of the
parliament or the Assembly, the Supreme Court or the High Court, declares it unconstitutional as
being ultra vires the Constitution.
97. Usage: The term means what the people are now or recently in the habit of doing an act
in a particular place. It may be that the particular habit is only of a recent origin or it may be one
which has existed for a longtime. A habit may be called, ‘usage’, only in reference to a particular
place. A usage in the long run may become a custom, provided it is very ancient, continuous and
accepted by the majority of the people.
98. Verdict: The finding of a Judge made by way of declaration is called ‘verdict’ of the
Court. A verdict may be either general or special. A general verdict is orally delivered in court.
Special verdict is popular in English law only. If an accused is adjudged as ‘guilty’, ‘guilty as
charged’, or ‘not guilty’, this is a general verdict. Special verdicts are not allowed under the Indian
Penal Code.
99. vis-Major: This term means or indicates ‘Act of God’. Any act which is beyond the
control of human beings, or any event which is supervening and creating ‘impossibility’ in the
efforts of a human being is known as ‘Act of God’, for which no one is responsible or liable. Such act
cannot be foreseen by human beings’; it is beyond their ability, beyond their control, beyond their
perception. If a party to a contract is unable to do his obligation because of a supervening
impossibility due to an ‘Act of God’, he is excused for non-performance of that obligation.
100. Void: It means nugatory, ineffectual or inoperative. This term is used, when total lack
of existence is intended to be conveyed. It is a vacuum. A vacuum creates nothing. Likewise, a
thing which is void creates nothing enforceable by law. Sometimes, a thing which has been in
existence may become void. In such a case, the court is required to declare that thing as ‘null and
void’. But a thing which is void, (which has never existed) need not be declared ‘null and void’, by
the court.
101. Voidable: A thing which can be avoided is a voidable thing. A thing which has been
valid in the beginning may become void subsequently. but a thing which is voidable in the
beginning, continues to be voidable, until it is avoided. Such a thing is valid until avoided??. It is in
between these two. A thing which is voidable, becomes valid, if it is not voided, and it becomes
void, if it is voided. But a thing which is void can never become valid. ‘Void’ and ‘Voidable’ are
concepts developed in the private of law of contract.
102. Waiver: It means relinquishment of one’s right. It is referred to a conduct signifying
intentional abandonment of a right. It may be expressed or may be even implied. Waiver is a
voluntary abandonment of a known existing legal right constituting a conduct warranting an
inference of the abandonment of the right. Waiver, in such a case, is a defence against the
subsequent enforcement of the said known right.