Thursday, May 10, 2012



Compiled by K P C Rao., LLB., FCS., FCMA

Ab initio void order
means a mere error of law or a mere non-performance of a duty by an officer action under a particular statute would not render his orders void ab initio, [Patel Chhota Bhai Mahab Bhai v. State, (1995) 1 Guj LR 407].

Abatement of a suit
means to put an end to its existence, [Srinivas Jena v. Janardhan, (1980) 50 Cut LT 337].
Abatement of proceedings
refers where the actions are brought to an end without any decision being arrived at on account of the cause of action ceasing to exist, [Srinivas Jena v. Janardhan, (1980) 50 Cut LT 337].
Abolition and dissolution
the word “dissolution” relates to the personnel or incumbent of an office or institution and the word “abolition” relates to the very existence of the post or institution itself, [Gurdit Singh v. State of Punjab, AIR 1970 P & H 491].

Abrogation of contract
does not involve the destruction of the contract as regards the part already performed. Only a further performance is abrogated, [Schering v. S.E. Bank, (1946) AC 219].

Absolute acceptance
means acceptance of an offer without any variation, [Indian Contract Act, 1872, S. 7].

Absolute assignment
does not mean a sale out, [Durham v. Robertson, (1989) QB 765].
Absolute property
means without any ulterior destination, [in re White, 30 SCLR 463].
Absurd mistake
though it is difficult to lay down a definite test to find out whether a mistake is or is not obviously absurd, practically, there would be no difficulty for the Director of Public Instruction coming to a conclusion in any individual case where the mistake is or is not obviously absurd, [Directorate of Public Institutions v. Mohan Das, AIR 1955 Md. 639].

Abuse of children
means carnal intercourse with young girls, [Indian Penal Code, s. 337 and 375].

Abuse of discretion
is not synonymous with perversity of will, passion, prejudice, partiality or moral delinquency which merely implies that the reasons given by the court for its action are untenable and unreasonable and that its action amounts to denial of justice or is against conscience, reason and evidence. When the judicial action is arbitrary the discretion is abused, [Dupi Lal v. C.I.T., AIR 1957 Punj 312].

Abuse of position
the phrase has wide connotation and if no limitation is posed on its the word “corrupt” “illegal” and “otherwise” mention in the [cl. (d) of sub-s. (1) of s. 5 of Prevention of Corruption Act, 1947 become surplusage].

Abuse of power
means, when a person has power to do a certain thing, he exercises that power in a manner in which authority is not given to him to exercise it, [M.B. Shin v. Emperor, AIR 1936 Rang 11].

Abuse of process
means improper use of legal process or undersigned process, [R. v. T.J. Badhan, (1991) 2 All ER 654, Code of Civil Procedure, 1908, s. 151; see also M. Narayanan v. State, AIR 1963 SC 1116].

Abuse of process of court
it will be an abuse of process of court to allow any action which would result in injustice and prevent promotion of justice, [State of Madhya Pradesh v. Awadh Kishore Gupta, (2004) 1 SCC 691].

Accelerated succession
means the succession accelerated by surrender or extinction of prior interest, [Earl of Buchanan v. Lord Advocate, (1909) AC 166].

Acceptance of Bills of Exchange
means one’s signature across a bill when it is drawn upon him, [Negotiable Instruments Act, 1881, s. 7].

Access and non-access
means existence or non-existence of opportunities for sexual intercourse, [Gautam Kundu v. State, AIR 1993 SC 2295].
Accessible profits
the commercial or accounting profits are the actual profits earned by an assessee calculated on commercial principles, [C.I.T., West Bengal v. Gangadhar, AIR 1965 SC 1977].

Accessory and spare parts
the “spare parts” is a part of a machine ready to replace an identical part if becomes faulty, V. Govindraiyan [v. Government of Pondicherry, (1977) 40 STC 169 (Mad.)].

Accessory of adultery
means an active promoter of the adultery, [Manning v. manning, (1930) 1 All ER 601 (CA]).

Accident arising out of and in the course of mployment
means there must be a casual connection or association between the employment and the accidental injury, [Parwatiji v. R.K. Mills Ltd., AIR 1959 MP 281].

Accident arising out of employment
means an injury can be said to be caused by an accident arising out of employment, it has to be established that the accident had occurred on account of a risk which is an incident of employment, [M.N. Khan v. Bombay Municipal Corporation Ltd., (1980) Mah LJ 550].

Accidental omission
slip or omission may be attributed to the judge himself. He may say something or omit to say something which he did not intend to say or omit. This is described as a slip or omission in the judgment itself, [State v. Jagdish, (1982) All LT 1302; Master Construction Company v. State, AIR 1966 SC 1047].

Accidental slip
an error of court which is not an accidental slip or an omission can only be remedied by proper proceeding either by way of a review if that is allowable under the law or by an appeal, and not by the court exercising its powers under s. 152 of the Code of Civil Procedure, 1908, [Krishna Mohan v. Nrupen Nandi, 1952 ILR Cal 577; Ram Chandr Singh v. Savitri Devi, (2004) 12 SCC 713].

Accord and satisfaction
when one party obtains his release from his obligation, by promising or giving consideration other than that which the other party has to accept under the contract. The agreement is accord and the consideration is satisfaction, [D&C Builders Ltd. V. Rees, (1966) 2 QB 617].

Accord to their interest in the company
means according to their holding, [C.I.T. v. Ram Kumar Agarwal, (1994) SCC 201].

Accused of any offence
means descriptive of the person against whom evidence relating to information alleged to be given by him is made provable, [State of Uttar Pradesh v. Deoman Upadhaya, AIR 1960 SC 1125].

Acquisition and deprivation
derivation means to take away, seize the right of another person, whereas by acquisition is meant to acquire something from one persons and to have it vested in another whether it is ownership or the proprietary rights or other rights, [Jayanti Lal v. State of Gujarat, AIR 1962 Guj 297; Dwarkadas Shrinivas v. Shola Pur Spinning & Weaving Co. Ltd., AIR 1954 SC 119].

Acquisition and requisition
the acquisition connotes that the ownership or the title of the owner is transferred to the State or a corporation owned or controlled by the State. The requisition takes place when the right to possession is transferred similarly without transferring the title, [State v. S. Duddnappa, AIR 1964 Bom. 253].

Accrue and arise
the income may accrue to an assessee without actual receipt of the same. If the assessee acquires a right to receive the income, the income can be said to accrue to him though it may be received later on its being ascertained, [E.D.S. & Co. Ltd. V. CIT, Bombay, AIR 1954 SC 470; Ramaswami Naidu v. C.I.T., Madras, AIR 1959 Mad 126].

Act and illegal omission
every omission can be considered as an illegal omission, it must be shown that the official concerned had omitted to discharge some official duty imposed on him in public interest content in it, [Amalgamated Electric Co. v. Municipal Committee, Ajmer, AIR 1969 SC 227].

Act in law
means something deemed to be done in law, [Stroud’s Judicial Dictionary, p.43].

Active confidence
means the confidence in actual operation, the effective confidence, or in other words, the practical confidence, [Vijay Kumar v. Deputy Director of Consolidation, Kanpur, Uttar Pradesh, (1987) All LJ 698].

Actively engaged in the conduct of business,
connotes contribution to the business by carrying out some assignment or undertaking, some activity, unconnected with day-to-day management of the business which might ultimately lead to the preservation and development of business,[C.I.T. v. Natwarlal, (1973) Tax LR 1177].

Actual cost
means expended or led out for the purpose of acquiring the depreceable assets, [C.I.T. v. Polychem Ltd., (1975) 98 ITR 574; Habib Hussain v. Commissioner of Income Tax, (1963) 49 ITR 859].

Actual damage
means any detriment, liability or loss capable of assessment in money terms and it includes liabilities which may arise on a contingency, particularly a contingency over which the plaintiff has no control; things like loss of earning capacity, loss of a chance or bargain, loss of profit, losses incurred from onerous provisions or covenants in leases, [Law Society v. Sephton HL (E), (2006) 2 WLR 1091].

Actual possession
means the possession of a master by his servant, the possession of a landlord by his immediate tenant, the person who pays rent to him; the possession of a person who has the property in the land by the Usufructuary, [J.D. Sutherland v. L. Crowdy, 9 BLR 229; Pratap Singh v. State, AIR 1966 P&H 246].

Actual practice
means the continuous appearance in the court would amount to rewrite the rule when such is not the requirement of the rule, [Madan Lal v. State, (1995) 3 SCC 486].

Actually employed or actually worked
means an employee is deemed to be in continuous service if he has been actually employed for not less than 190 days, if employed below the ground in a mine or 240 days in any other case except when he is employed in seasonal establishment, [Lalapa v. Lakshmi Textiles Ltd., (1981) 2 SCC 238].

Adequate consideration,
means a reasonable equivalent or other valuable benefit passed on by the promisor to the promisee or by the transferer to the transferee, [Sonia Bhatia v. State, (1981) 2 SCC 585].
Means consideration other than mere love and affection, [Tulsidas v. C.I.T., AIR 1961 SC 1023].

Adhesive contract
means weaker party has no realistic choice as to its terms, Central Inland Water Transport Corporation [v. Brojia Nath, (1986) 3 SCC 156].

Administration of justice
includes power to try suits and proceedings of a civil as well as the criminal nature, irrespective of who the parties to the suit or proceedings or what its subject-matter may be. It also includes power of diminishing, the jurisdiction of courts and defining their jurisdiction territorially and pecuniarily, [State of Bombay v. N. Jethabhai, AIR 1951 SC 69; Tobacco Manufacturing India v. STC, AIR 1961 SC 402].

Adopted son
an adopted son is heir, [N.S.R. Singhji v. Udai Singhji, AIR 1947 Bom 451].

Adultery by wife
 means having sexual intercourse by wife with person other than the husband at any place and points of time, [Subratu v. Dipti, AIR 1974 Cal 61].

Adverse possession
denotes hostile possession i.e., denial of title of true owner, [State of Orissa v. Tannisen, (1985) 2 Civil LJ 398; C.C. Buks v. Moran, (1989) 3 WLR 152. (Indian Easements Act, 1882, s. 15)].

Affairs of State
will include any matter of public nature with which the State is concerned, [S.B. Chowdhary v. J.P. Changakata, AIR 1960 Assam 210].

After complying with any other condition
means conditions which are precedent to the leaving of service. It has reference to the conditions which are to be fulfilled prior to the leaving of the service, [Permali Wallace Ltd. V. K.T. Shansunder, (1980) Jab LT 439].

After giving the pportunity of being heard
means the appellant should be afforded an opportunity of hearing and only then the appeal should be decided, [Raja Ram v. State, (1998) 32 ALR 206 (All.)].

Against her will
the consent of the kidnapped minor girls to marriage with the accused is no consent,[D.M. Chittoor v. Subbanna, AIR 1951 Mad 900].

Aggrieved person
means a man against whom a decision has been pronounced which has wrongfully deprived him of something, or wrongfully refused him something, or wrongfully affected his title to something, [Thammana v. K. Veera Reddy, AIR 1981 SC 116].

Agreed rent
means the rent agreed between the parties, not only unilateral demand to which the tenant has not in consent,[S. Venkateramaswami v. Abdul, AIR 1969 Mad 473].

Agricultural area
means an area used for the cultivation of farming, [S.P. Patel v. State, (1973) 2 SCC 239; Nandu v. Narbada, 34 IC 695].

Agricultural income
means the revenue received by direct association with the land which is used for agricultural purposes and not by indirectly extending it to cases where that revenue or part thereof changes hands either by way of distribution of dividends or otherwise, [Bacha F. Guzdar, Bombay v. CIT, Bombay, AIR 1955 SC 74; Chengnath Velu v. Executive Officer, Erumayat Panchayat, AIR 1968 Ker 41; State of Karnataka v. Krishna Gowda, (1982) 2 Karn LJ 589].

Agricultural produce
includes forest products such as timber, sal and piyasal trees, casuarina plantations, tendu leaves, horranuts, etc., [C.I.T. v. Benoy Kumar, AIR 1957 SC 768; Ram Krishnaiah v. State, AIR 1957 AP 28; Bahabhoof Singh v. Ghanshyam Durga Prasad, AIR 1962 Raj 82; State v. Krishna Gowda, (1982) 2 Kant LJ 589; Poonam Singh v. Kamla, (1996) ACJ 398; Agricultural Produce Market Committee v. State of Bihar, (1995) 2 BLJR 1158].

Agricultural purpose
includes harvesting, taking of crop to the threshing ground, then to the godown and to the mandi for the purpose of sale of agricultural produce, [Poonam Singh v. Kamla, (1996) ACJ 398].

All the parties interested
means parties interested in the specific dispute referred to arbitration and not in the subject-matter of the whole suit where two are not identical, [Laxmi Narayan v. R. Singh, AIR 1956 Punj 249].

Ancestral property
is a paternal property which has been inherited by a person in a Hindu family, [Rajamohun Gossain v. Gourmohan, 8 MIA 91; Venkamme v. Venktamanayamma, 25 Mad 678; Narayanan v. Taluk Land Board, (1987) 1 Ker LJ 760].

Annual average
the word “annual” means something which is reckoned by the year. The addition of the words “average” shows that what is to be found is an average reckoned by the year. If the two period were to be viewed separately and an annual average is found out for each of the periods, there would be two annul averages and they would almost always be different. When an average of these period is taken, there is no longer an “annual average”. The result can only be described as the average of two annual averages, [National Insurance Co. Ltd. v. L.I.C. of India, AIR 1963 SC 1171].

Annual bonus
the payment of general bonus is annual bonus, Workmen of [Bata Shoe Co. Pvt. Ltd. v. Bata Shoe Company, (1972) 3 SCC 627].

Annual charge
means payments in whatever kind of instalments paid, made every year in discharge of a liability incidental to that year, if it has to be made during more than one year, whether constructively or otherwise. A payment is annual, if it has the quality of recurrence in different years, although it might not be in every one of the successive years, [C.I.T., West Bengal v. State Bank of India Calcutta, AIR 1956 Cal 636].

Anticipatory bail
means grant of bail to a free person in anticipation of his possible arrest of some offence and in the absence of any order of arrest against him, [State v. Om, (1972) 2 Sim LJ 317].

Any appeal
covers appeals from order passed in pending execution proceeding in which the right of appeal had vested in a party in accordance with s. 2 and 47 of the C.P.C., [Sitaram v. Chaturo, 1981 Jab LJ 171].

Any income
“such income” is any income which if it were the income of the assessee would be chargeable to income tax, [M.Ct. M. Chidambaram v. CIT, Madras, AIR 1966 SC 1453].

Any land
means to cover every interest regardless of the person or authority who owns them, including those of a State Government, [State of West Bengal v. Union of India, AIR 1963 SC 1241].

Any offence
does not mean a particular offence specially when the accused is a habitual offender, [Emperor v. Mahammed Rahim, (1943) ILR Ker 275].

Any order
includes an order made by consent of parties, [M&A Association Pvt. Ltd. v. Telerand Pvt. Ltd., AIR 1969 Bom 323].

Any other land
means any other built upon land except one excluded from the expression vacant land on account of it being occupied by a building which stood constructed, or was in the process of construction, on the appointed day, [Meera Gupta v. State of West Bengal, AIR 1992 SC 1567].

Any other process
constitutes manufacture is its extended meaning and the expression unprocessed in the exempting notification draws its meaning from the context, [Siddeswari Cotton Mills Pvt. Ltd. v. Union of India, (1989) 2 SCC 458].

Any other purpose
means enforcement of legal rights and performance of any legal duty, [Pesi Shroff v. State of Maharastra, AIR 1993 Bom 384].

Any person
includes a person accused of an offence, [Shailendra Nath v. State, AIR 1955 Cal 247].

Any person not being accused
means any person who has not already been tried by the court and the very purpose of enacting such a provision like s. 319 of Code of Criminal Procedure, 1973 clearly shows to that even a persons who had been dropped by the police during investigation but against whom evidence showing his involvement in the offence came before the criminal court are included in the said expression,[Gurlabh Singh v. State of Uttar Pradesh, (1995) All LJ 623].

Any property
includes both movable and immovable property, [State v. K.C. Jain, (1971) All Cr R 51].

Apparent error on face of award
means the court must first find whether there is any legal proposition which is the basis of such an award, [James Clark (Bruch Materials) Ltd. v. Carters (Merchants) Ltd., (1994) 1 KB  566].

Apparent on the face of the record
means an error which has to be established by long drawn process of reasoning on points where there may be conceivably two opinions is not an error apparent on the face of the record, [T.S. Balan v. Volkart Bros., (1971) 82 ITR 50; Mulie v. V. Altar Din, AIR 1953 Rang 32; I.T.O. v. Ashok Textiles Ltd., (1961) 3 SCR 236].

Appropriate government
may be Central Government for controlled industries, [Management of Vishnu Sugar Mills Ltd. v. Workmen, AIR 1960 SC 812 [Industrial Disputes Act, 1947, s. 2(a)(i)]].

Appropriate proceedings
can appropriately lead to an adjudication of the claim made for the enforcement of fundamental right and can result in the grant of effective relief, [Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161; Daryao v. State, AIR 1961 SC 1457 [Constitution of India, Art. 32]].

Arable land
means not only land capable of cultivation but also land whi9ch is actually cultivated, [S.R. Pvt. Ltd. v. State, AIR 1973 Ker 114].

Arguable issue
arises when the court has some doubt upon the question raises or there are obscure points which require elucidation and upon which two views may reasonably raised, [Jatin v. H.K. Bose, AIR 1964 Cal 500].
Armchair principle
means a rule of interpretation which is applied to Wills, [Boys v. Cook, (1880) 14 Ch D 53].

Artificial person
means a person, other than a natural persons recognised by law as having rights and duties, [Bumper Development Corporation v. C.P.M., (1991) 4 All ER 638].

As and when
means contemporary action, [L. Kashi Nath v. Collector, Central Excise, Allahabad, (1971) All Cr R 459].

As far as may be racticable
implies not that it is mandatory that the proceeding must be concluded within a period of two months, rather it is directory, [Moti v. State, (1976) Cr LJ 1956].

As far as possible
means the principles are to be observed unless it is not possible to follow them in the particular circumstances of a case, [Rani v. Deputy Director of Consolidation, AIR 1959 All 525].

As far as practicable
means not only that I fulfils the interest of administration, but that flexible provision clothing the government is met with powers to meet special situations where the normal process of the government resolution cannot flow smooth, [N.K. Chauhan v. State, (1977) 1 SCC 308].

As he deems fit
does not bestow a power to make an order on consideration to dehors the statute which the authorities consider best according to their notions of justice, [R.R.M. Paranjype v. Abu Marutimali, AIR 1962 SC 753].

As if
demonstrate that award and decree or order are two different things. The legal fiction created is for the limited purpose of enforcement as a decree, [Paramjeet Singh Patheja v. ICDS Ltd., AIR 2007 SC 168].

As of right
means exercise of right by a person other than the owner of the property, [Ram SArup v. Abdul, 12 Lah 741; S. Chand v. Hindu Mal, AIR 1994 HP 56; K.L. Desai v. Commissioner of Police, Bombay, AIR 1957 SC 28].

As the case may be
means, at least two situations are envisaged by the earlier part of the section and two separate provisions or alternatives are provided in a later part of the same sub-section to one of which the one alternative and to the other of which the other is intended to be applicable, [Khan Chand v. State of Punjab, AIR 1966 P&H 423].

Association of persons
means when two or more persons voluntarily combine together for a certain purpose, “an association of permission” is formed, [G. Murugeshan v. C.I.T., (1973) 88 ILR 432; Surendra Prasad v. State, (1986) 62 Cut LT 116].

At any time
means return should be made at any time within the year of assessment and not later, has to be rejected, [State of Assam v. D.P. Barua, AIR 1969 SC 831].

At the same time
means during same period, [Goya v. State, AIR 1969 Pat 311].

Attempt and preparation
an attempts precedes the actual commission of the offence. An attempt to commit an offence is not meant to cover only the penultimate act towards the completion of an offence, [Madan Lal v. State, (1986) Raj LW 377].

Attested witness
is one who sees the execution of deed and signs over it, [Burdett v. Spilsubury, 10 C&F 340; Chhedi Tanit v. Gangati, (1985) 1 Civ LJ 634].

Auction sale
is found out when a transfer of property auctioned occurs, [Bombay Salt & Chemical Industries v. L.J. Johnson, AIR 1958 SC 289].

Badli employees
means spare man, [Lalappa v. L.V. Textiles, (1981) 2 SCR 796].

Balance order
means a method of enforcing payment of a call from contributories,[ Westmore Co. v. Fiedmen, (1891) 3 Ch 15].

Balance sheet
is a statement prepared from records kept on the basis double entry showing, as at a given date, the sources from which an enterprise derived its funds and the various ways in which these funds were invested or applied, [I.B. Workers’ Union v. Second Industrial Tribunal, AIR 1962 Cal 375].

Bona fide dispute
means nothing more than that each party must intend to press his claim to the property, Sidh Gopal v. Behari Lal, AIR 1928 All 65.

Beneficial ownership
means such a right to enjoyment of property as exists where legal title is in one person and the right to such beneficial use or interest is in another, and where such right is recognised by law and can be enforced by the courts at the suit of such owner or of some one on his behalf, [Associated Clothes Ltd. v. Union of India, AIR 1957 Punj 261].

Beneficial transaction
means a transaction to be regarded as of benefit to the family, it need not be of a defensive character so as to be binding on the family,[ Balmukund v. Kamala Wati, AIR 1964 SC 1385].

Benefit of doubt
means real, genuine, well-founded doubt which a normal man with normal intelligence in a given circumstances would naturally harbour, are doubts which come within the fold of “reasonable doubt” entitling one to the benefit thereof, [State v. Sarangdhar Bhoi, 1972 Cut LJ 734].

Best judgment assessment
made on the basis of the accounts maintained after adding back to the accounts, price of items that might have been omitted to be included in the accounts is not a “best-judgement”, Ram Chandra v. State of Orissa, (1972) 2 Cut WR 1913; C.S.T. v. H.M. Esufali, (1973) 2 SCC 137.
Body corporate
means ‘a public or private corporation’, [Ashoka Markting Ltd. v. PNB, AIR 1991 SC 855].

Bovine cattle
includes buffaloes, M.H. Qureshi v. State of Bihar, [AIR 1958 SC 731].

means laws, regulations and Constitutions of corporations, for the government of their members, [Kruse v. Johnson, (1898) 2 QB 91].

Cadre officer
an exempted probationer is a “cadre officer” for exercise of power of cadre allocation to him in accordance with r.5 of the Indian Police Service (Cadre) Rules, 1954, even before he joins the training, [Union of India v. R. Rasgotra, (1994) 2 SCC 600].

Calendar year
refers to 365 days preceding the date on which election or appointment is held or made. It is not like civil year i.e., January to December, [R.P. Pandey v. S.D.O., Madhubani, (1967) BlJR 441].

Capital and revenue receipts
the tax is ordinarily not levied on capital profits; it is levied on income. It is well-settled that the sale in stock-in-trade or circulating capital or rendering service in the course of trading results in trading receipts; sale of assets which the assessee uses as fixed capital to enable him to carry on his business results in capital receipts, [C.I.T. Uttar Pradesh v. M.D. Jute Mills, AIR 1965 SC 1974].

Capital assets
means property of any kind held by an assessee, whether or not connected with his business, profession or vocation, but it does not include, among other things, any land from which the income derived is agricultural income, [Krishna Iyer v. Addl. C.I.T., (1966) 59 ITR 145].

Capital expenditure and revenue expenditure,
means expenditure is made for the initial outlay or for extension of a business or a substantial replacement of the equipment. And if the expenditure is made for bringing up the existence of an asset, is called revenue expenditure, [Assam Bengal Cement Co. v. C.I.T., AIR 1955 SC 89].

Capital fee
means all types of collection in whatever form in excess of the fee prescribed, [Bapuji Educational Association v. State, AIR 1986 Kant 119].

Capital gains
means gains actually realised as a result of a sale, exchange or transfer, Duggan v. C.I.T., AIR 1952 Bom 261.

Capital loss
arises out of the transfer of capital assets, [Mitchell v. C.I.T., AIR 1956 Cal 516].

Capitation fee
means charging or collecting amount beyond what is permitted by law, charging the permitted fees by the private educational institutions which is bound to be higher than the fees charged in similar governmental institutions by itself cannot be characterised as capitation fees,[ J.P. Unikrishnan v. State, AIR 1993 SC 2178].

Carnal knowledge of woman
means sexual intercourse with her by adultery or rape,[R. v. Marsden, (1893) 2 QB 149].

Casual employment
means a tenure of employment and of a casual nature, [Kochuvelu v. Joseph, (1980) Ker LT 191(DB)].

Casual labour
means the person serves nor the manner in which the parties choose to refer to such service, that is relevant for determining whether casual labour is entitled to claim contributions under ESI Act, [E.S.I. Corpn. V. Ayurvedic Institute, (1979) Ker LT 897].

Casual vacancy
means a vacancy occurring by death, resignation or bankruptcy and not by efflux of time, [M.K. Srinivasan v. W.S.S. Ayer, 61 Mad LJ 724].

Cause of action
the plaintiff has to prove his right to judgment of the court. It does not comprise every piece of evidence which is necessary to prove each fact but every fact which is necessary to prove each fact but every fact which is necessary to be proved,[Shanta Apte v. Sailapati Chatterjee, AIR 1947 Bom 72; Paramnath v. R.S. Singh, (1932) All LJ 303; B. Narsaya v. R. Basvana, (1985) 2 Civ LJ 649; Oil and Natural Gas Commission v. Utpal, (1994) 4 SCC 711].

Civil proceedings
covers any proceeding of a civil nature and includes proceeding held by High Court in exercising of its original jurisdiction and also proceedings held by it in exercise of the its appellate jurisdiction and there is no warrant, [R.P. Singh v. Marityunjaya Pratap, AIR 1957 All 28].

Conditional legislation and delegated legislation
the powers under s. 10 of the Contract Labour (Regulation and Abolition) Act, 1970 falls under the “conditional legislation” and not “delegated legislation” these restricts the scope of judicial review, [Larsen and Tourbo Ltd. v. State of Karnataka, (1998) 4 Kar LT 323].

Constructive possession
implies and means that the possession may not be actual and physical and yet the possession may be deemed to be lawful even if its possession is temporarily handed over to any other person on behalf the original allottee or claimant,[ Tikkr Bai v. Divisional Commissioner, Bikaner, (1995) 3 WLC 525].

Continuing offence
means if an act or omission on the part of an accused constitute an offence, and if that act or omission continues from day-to-day, then a fresh offence is committed every day on which the act or omission continues, [State v. Chandra, AIR 1954 Pat 371].

Co-ownership and partnership
means the ownership is not necessarily the result of agreement, but it is in partnership, [Champaran Cane Concern v. State, AIR 1963 SC 1737].

Coparcenery property
means the property which consists of ancestral property or of a joint acquisition or of property thrown into the common stock, and accretions to such property, [Kapur Kaur v. Kihsan Singh, AIR 1970 P&H 270].

Corresponsing law
the Bombay Chidren Act, 1948 is a corresponding law within the meaning of “corresponding law” used in s 63 of the Juvenile Justice Act, [1986, in Re Alain Estere, (1991) Cr LJ 445].

Court and Tribunal
means apart from the importance of trapping of a court, the basic and essential condition which makes an authority or a body of tribunal is that it should be invested with the State’s inherent judicial power, [Engineering Mazdoor Sabha v. Hind Cycle Ltd., AIR 1963 SC 874].

Court of Session
means only the Court of Session presided by the Sessions Judge as a judge of the Court of Session, [Kamleshwar v. Dharmdeo, AIR 1957 Pat 375].

Court room
in discharging the functions as judicial tribunal the court must generally hear cases in open and must permit the public admission to the court room, [Naresh v. State, AIR 1967 SC 1].

Criminal case
is one over which a criminal court exercises jurisdiction, [Lalit Mohan v. Maharaja, 5 Cal WN 749].

Criminal contempt
contains highly objectionable and scandalising remarks about the courts, is clear case of court’s criminal contempt as defined under Contempt of Court’s Act, 1971, [Jitendra Maheshwari v. Govind Roy, (1995) Cr LJ 1514].

Criminal court
means and includes every judge or Magistrate or body of judges or Magistrate inquiring into or trying cases or engaged in any judicial proceedings, [Mamoo v. State, AIR 1980 Ker 18].

Criminal force
application of criminal force means application of power or strength for a purpose which is criminal in nature,[Manickmal v. T.V. Balasundram, (1982) Mad LJ 582; Adanaya v. Arraya, AIR 1966 Goa 45].

Criminal negligence
means culpable neglect or failure to exercise that reasonable care or precaution to guard against injury either to the public generaaly or to an ndividual in particular which having regard to all the circumstances out of which the charge has arisen, it is the imperative duty of the accused persons to have adopted, [Spiers v. Johi Uddin, AIR 1932 Cal 461].

Criminal proceeding
includes maintenance proceedings adjudicated upon by the Magistrates. Such maintenance proceedings are criminal proceedings, designated by way of summary process to provide to deserted wives and neglected children etc., [Harbhajan Kaur v. M.S. Singh, AIR 1969 Del 298].

Citizenship and domicile
citizenship refers to political status of a persons, and domicile to his civil right, [D.P. Joshi v. State, AIR 1955 SC 334].

Civil consequences
termination order of an employee means civil consequence, [D.K. Yadav v. J.M.A. Industries, (1993) 3 SCC 259].

Civil contempt
when a persons willfully disobeys the order or process of court of breach of undertaking is not sufficient to find contempt, [Vinscent Panikulangara v. V.R. Krishna Iyer, (1983) 2 Crimes 618].

Civil Court
the law creates and entrusts the power to a presiding officer of a civil court,  [N.N. Hegde v. S.N. Bhatia, AIR 1966 Mys 5].

Curative statutes
means statutes which attempt to correct errors in judicial or administrative i.e. proceedings and which seek to give effect to contracts and other transactions between private persons which otherwise would fail to produce their intended consequence on account of some statutory disability or failure to comply with some technical requirement, [In Re Valudyam, AIR 1950 Mad 324].

Customary rights and ceremonies
means the custom as an essence of marriage ceremony, had been followed from ancient times and that members of the caste, community or sub-caste had recognised such ceremonies as obligatory, [Rabindra Nath Dutta v. State, AIR 1969 Cal 55].

Dealth with
means to have to do, be occupied, be concerned, [State of Madhya Pradesh v. Narayana Singh, (1971) MPLJ 781].

Deemed to be held
connotes existence of a right or title in a person; it creates a fiction and includes, co-sharers who may not be in actual possession have but nothing the title or a right in the property, [Kalidas Ravi v. Jai Jai Ram, (1973) 2 SCR 411].

Deemed to be in the course of such export
means the penutimate sale shall also be regarded as being in the course of such export, [Consolidated Coffee Ltd. v. Coffee Board, (1980) 3 SCC 358].

Deemed to have been appointed
means the person holding posts and offices under the old State have not been really so appointed in the new State, [Mysore State Road Transport Corporation v. Khaja Mohiddin, AIR 1969 Mys 41].

Deficiency in service
means any fault, imperfection, short-coming or inadequacy in the quality, nature and manner of performance which is required to be maintained b or under any law for the time being in force, [Mather & Platt (I) Ltd. v. Kaleshwari Industries, (1995) 3 CPJ 9].

Departmental action
connotes the last order, i.e. punishment, [State of Uttar Pradesh v. Ramakant Sharma, AIR 1968 All 20].

Derived from
means that trust property must be the effective source from which the income arises, J.K. Trust, Bombay v. C.I.T., [Bombay City, AIR 1953 Bom 232; [Income Tax Act, 1922, s. 4(3)]].

Detention and imprisonment
the detention in civil prison is not penal measure, but a mode of enforcement of the injunction order. Detention in civil prison has a lesser punitive content than a sentence of simple imprisonment, for civil contempt directing that contemnor be detained in a civil prison, [Vesu v. Thankama, (1981) Ker LT 248].

Development of land
means the realisation of the potentialities of land or territory by building or mining, [Sadruddin Suleman v. J.H. Patwardhan, AIR 1965 Bom 224].

Devolution and succession
means passing of property to another on death of a person and can have no application to transfer inter vivos, [M.T. Joseph v. G.T.O., AIR 1962 Ker 97: (1961) Ker LJ 1324: (1961) Ker LT 359].

Discharge and dismissal
means termination of service, but there is a real and vital distinction between the notions indicated, [Menerva Mills v. Arbitration Tribunal, 4 DLR (Mys) 37].

Discharge from service
means discharge on retirement, divisional Suppt., [Eastern Railway v. S.C. Chakraverty, AIR1957 Cal 97].

Disgraceful conduct
means all allegations, which because it is done by an elected member or office bearer, is sufficienty reprehensive to be classified as disgraceful, [A.I. Patel v. State, AIR 1995 Guj 118].

Dismissal and removal from service
the dismissal from service disqualifies a civil servant from future employment whereas removal from service ordinarily does not, [Tribhuban Nath v. State, AIR 1960 Pat 16].

Dispone and disponee
dispone means to convey legally and “disponee” is the person to whom anything is disposed,[Lima Letiao & Co. v. Union of India, AIR 1968 Goa 29].

Disputes pertaining to agreement
means a dispute as to the term of that agreement that is to say as to what is the agreement, [Co-op. Marketing and Development Union v. G.S. Mills Ltd., AIR 1956 All 601].

Distributive justice
this may take the form of forced distribution of wealth as a means of achieving a fair division of material resources among the members of society or there may be legislative control of unfair agreements, Welfare Assn. v. R.P. Gobil, (2003) 8 SCC 358.

Divorced woman
means an initially lawfully wedded wife, [Lila Saikia v. Sarumai, (1985) 2 Cr LC 80.

Doctrine of merger
this depends upon nature of the appellate or revisional order in each case, [State v. Madurai Mills Co. Ltd., AIR 1967 SC 681].

Doctrine of pleasure of master
under the Constitution of India, the doctrine of pleasure of the master is preserved and security of tenure has also been provided,[Suraj Mal v. State, (1973) 75 Punj LR 962].

Doctrine of unjust enrichment
the basis of the law should be restitution where it is unreasonable and unjust for the defendant to retain the benefit which he has received, [Kamalpur Tea Estate v. Suptd. Of Tax, Jorhat, (1988) 1 Gau LR 290].

Due course of justice
means the path in which justice moves, [Registrar, Orissa High Court v. B. Mishra, AIR 1973 Ori 244].

Due course of law
means regular normal process and effect of the law operating on a matter which has been laid before it for adjudication, [Rudrappa Bin Sankappa v. Narasinghrao, 29 Bom 213; S.K. Panda v. Shakuntla, (2004) 1 SCC 438].

Due process of law
means, in each particular case such an exercise of the powers of government as the settled maxims of law permit an sanction under the safeguards for the protection of individual’s rights as those maxims prescribe for the class of cases to which the one in question belongs, [A.K. Gopalan v. State, AIR 1950 SC 27; Zahira Habibullah H. Sheikh v. State of Gujarat, (2004) 4 SCC 158].

During the course of
means suspension after an order directing an enquiry, [Nirmal Singh v. Deputy Commissioner, Hoshiarpur, (1970) Punj LJ 74].

Dying intestate
means dying in a state of intestacy, [Kampiah v. Girgamma, AIR 1966 Mys 189].

Eminent domain and police power
means the State may take any property from the owner and may appropriate for public purposes, Deputy Collector, [Kamrup v. Durga Nath Sharma, AIR 1968 SC 394].

Employment and appointment
the “employment” refers to a condition when one is kept occupied in executing any work. But it means not only an appointment to an officer for the first time but also the continuity of that appointment, [S. Thakur v. State, AIR 1957 Pat 617].

Employment injury
means a personal injury to an employee caused by accident or an occupational disease arising out of and in course of his employment being an insurable employment, [Regional Director, E.S.I. Co-operation v. Francis De Costa, (1994) SCC (L&S) 200].

Enhanced sentence
means not merely the sentence more than and above the sentence provided for a particular offence but also a deferent sentence even within the range of the maximum sentence that court is competent to impose, [In Re Nattayan, (1970) 2 Mad LJ 668].

Enjoyment of life,
means the protection and preservation of nature’s gifts without life cannot be enjoyed, [Damodar Rao v. Special Officer, AIR 1987 AP 177].

Equality of opportunity
means equaity as between members of the same class of employees and not equality between members of separater, and independent classes, [All-India Station Masters’ Assn., Delhi v. General Manager, Central Railway, AIR 1960 SC 384].

Escalation clause
means a clause which takes care of the rise and fail of prices in the market, whereas the right to review confers the power to revise the rate of supply, [D.C.M. v. Rajasthan, Electricity Board, (1986) 2 SCC 431].

Evacue property
includes the interest of an evacuee in any property held as trustee or beneficiary, [State of Bihar v. Kunver Amar Singh, AIR 1955 SC 282].

Every Order made under Act
does not include interlocutory orders which are merely procedural and do not affect the rights or the limitations of the parties, [Central Bank of India v. Gokul Chand, AIR 1967 SC 799].

Express contract
means truly constructive contract without any stipulation, [A. Rama Moorthy v. P. Satyanarayana, AIR 1958 AP 550].

Express promise
the agreement must include “I promise to pay”,[Girdhari Lal v. Firm Bishnu Chand, AIR 1932 All 461].

Extra-judicial operation
is weak type of evidence, [Kuldip Singh v. State of Punjab, (2002) 6 SCC 757].

Fact and circumstances of the case
means the facts and circumstances found by the tribunal and not about the fact and circumstances that may be found by the High Court, [Kshetra Mohan v. Commr. Of Excess Profits Tax, West Bengal, 24 JTR 488].

Failure of justice
means there is no fair trial and just decision of the case, [Neki Ram v. State of Haryana, (1974) 76 Punj LR 780].

Fair and adequate
means fair and equitable in fact and not what the lessor subjectively considered to be fair and equitable, [Damodar Tukaram v. State, AIR 1959 SC 639].

Fair price
means a price which is neither more nor less but one which is just and appropriate,[Banwari Lal v. State, (1964) All LJ 884].

Floating charge
is opposed to fixed charge, [Law & Co. v. Pulinbeharilal, AIR 1933 Cal 154].

For the time being
means at the moment or existing position, [Jivendra Kaul v. Collector, (1992) 3 SCC 576; K.P. Singh v. State, (1997) 1 JCLR 527].

Forbidden by law
wager is not forbidden by law, [Gheru Lal v. Mahadev Das, AIR 1959 SC 781].

Fraud and dishonesty
if there is the intention by the deceit practiced to cause wrongful loss, i.e. dishonestly, but even in the absence of such an intention if the deceitful act willfully exposes any one to risk of loss, there is fraud, [Sukhamony Maitra v. Emperor, AIR 1938 Pat 165].

Fresh application
means a fresh substantive application and not an application to revive or continue a substantive application already pending on the file of the court, [Pentapati China Venkanna v. P. Bangaraju, AIR 1964 SC 1454].

Full value
means the whole price without any deduction whatsoever and it cannot refer to the adequacy or inadequacy of the price bargained for, [C.I.T., West Bengal v. George Henderson Co. Ltd., (1967) 66 ITR 622].

Fundamental principles of justice
cannot be interpreted in a way so as to include mere want of jurisdictions or excess of jurisdiction, [Municipal Corporation of Greater Bombay v. K.C. Sen, AIR 1952 Bom 209].

Further enquiry and fresh enquiry
means taking of additional evidence and not the rehearing of the same evidence, [Queen-Empress v. Balasinnatambi, (1891) ILR 14 Mad 334].
Ganga clause
means a statutory clause, which seeks to save irregularities of procedure etc., in the working of statutory bodies, [B.K. Srinivasan v. State, AIR 1987 SC 1059].

Good and sufficient reason
means an act of indiscipline by a member of police force is certainly “good and sufficient reason” for initiating a disciplinary proceeding, [Secretary to Government v. A.C.J. Britto, (1997) 3 SCC 387].

Habitual offender
means one who is a criminal by habit, or by disposition formed by repetition of crimes, [Dhanji Ram Sharma v. Superintendent of Police, AIR 1966 SC 1766].

Hear the parties
means argument should be heard and does not include oral examination of the parties and their witnesses, [Bhagwat Singh v. State, AIR 19659 All 763].

Hearing of the suit
means hearing at which the Judge would  be either taking evidence or hearing arguments or would have to consider questions relating to the determination of suit which would enable him finally to come to an adjudication upon it, [Manohar Das v. Birandari, AIR 1936 Lah 280].

Hearsay evidence
means what a person has heard to say, [J.D. Jain v. S.B.I., AIR 1982 SC 673].

Hire purchase agreement and transaction
the hire purchase agreement must be distinguished from transaction in which the customer is the owner of the goods and with a view to finance the purchase he enters into an arrangement which is in the form of a hire-purchase agreement with the financier, but in substance evidences a loan transaction subject to hiring agreement under which the lender is given the licence to seize the goods, [Sundaram Finance Ltd. v. State of Kerala, AIR 1966 SC 1178].

Hostile witness
if a hostile witness is turned hostile, his entire evidence is not to be discarded, [Harpal Singh v. State of H.P., (1976) Cr LJ 162].

In accordance with law
means enacted or statutory law but also common law, [Provincial Transport Service v. State Industrial Court, Nagpur, AIR 1963 SC 114].

Immediate possession
the government accommodation, must be vacated immediately. The landlord must be given a right to recover immediate possession of his property, [B.N. Setia v. P.C. Tondon, AIR 1980 Del 80].
Immovable property
includes land, benefits to arise out of land and thins attached to the earth, or permanently fastened to any thing attached to the earth, General Clauses Act, 1897, s. 3 (26).

In any reference
means “in the matter of reference”, [Kumbha Mawji v. Dominion of India, AIR 1953 SC 313].

In discharge from his duty
the breach of discipline need not be “in discharge of his duty” to attract the penalty contemplated by s. 25 of the Bombay Police Act, 1951, [H.R. Dave v. State of Gujarat, (1965) Guj 283].

In due course of law
means a matter may be said to have happed “in due course of law”, if it is the result and operation of the law invoked by the ordinary method of any judicial proceeding i.e. civil or criminal, [Sheo Saran Lal v. Lal Mohammed, 12 Cal WN 70].
In the course of employment
an accident cannot be said to arise out of and in the course of employment if it taken place on a public road in the absence of any circumstance showing that the nature of employment of the workman required him to be there, [Commissioner for Port of Calcutta v. Kaniz, AIR 1961 Cal 310].

In the interest of public order
for a law may not have been designed to directly maintain the public order or to directly protect the general public against any particular evil and yet it may have been enacted “in the interest of the public order or the general public as the case may be, [Virendra v. State of Punjab, AIR 1957 Sc 897].

Jail warrants
is an authority given to the jail department intimating the data on which the accused is to be produced by them in court. It is otherwise called as a production warrant, [Mohan v. State of Rajasthan, (1984) Raj Cr Cas 159].

Judicial authority
means the power and authority appertaining to the office of a Judge, Jurisdiction, the official right to hear and determine questions in controversy, [Public Prosecutor A.P. v. L. Ramaya, (1974) 2 APLJ 305].

Judicial discretion
must be exercised with vigilance and circumspection according to justice, common-sense and sound judgment, [Sarpanch Lonand, Gram Panchayat v. Ramgiri Goswami, AIR 1968 Sc 222].

Judicial proceedings
relates to administration justice or to ascertain of any right or liability and that all proceedings of a Judge are not necessarily judicial, [Dhani Ram v. S.D. Judge, Air 1965 HP 25].

Judicial review
the power of judicial review is available in respect of exercise of powers under any of the provisions of the Constitution of India,[A.K. Kaul v. Union of India, (1955) 4 SCC 73].

Just and convenient
means practicable and the interests of justice requiring it, [Madhu Lal v. Ramji Das, AIR 1953 MB 85].

Justified by law
is a legal sanction permitting a thing a legal jurisdiction for doing it, [Raj Kapoor v. Laxman, (1980) 2 SCC 175].

Koduthu vangi
means giving and taking or lending and taking back, [Ranganathan Chettiar v. Periakerupan Chettiar, AIR 1957 SC 815].

Landless persons
means the persons whose main source of livelihood is agriculture, [Uttar Pradesh Bhoodan Yagna Samity v. Braj Kishore, AIR 1998 SC 2239].

Last resided
means a residence of spouse together of a more permanent nature and not a casual or brief residence, [T.J. Poonam v. Ratbi Varghese, AIR 1967 Ker 1].

Law and order and public order
means a Stat of peace or orderly tranquility which prevails as a result of the observance or enforcement of internal laws and regulations by the government, R.R. Chatterjee v. State, AIR 1975 SC 609.

Leading questions
the court shall permit leading questions as to matters which are interlocutory or undisputed, which have in its opinion, been already sufficiently proved. Leading question may be proved in cross-examination, [Indian Evidence Act, 1872, s. 141].
Living in adultery
means an adulterous life of a quasi-permanent or a more or less continuous course of conduct, [Lakshmi v. Andiammal, AIR 1928 Mad 66].

Main purpose rule
means one must reject words, indeed the whole provisions, if they are inconsistent with what one assumes to be the main purpose of the contract, [Glynn v. Magetson, (1893) AC 351].

Malikana allowance
means an allowance payable to the superior proprietor, Raja Bahadur v. State, AIR 1972 All 525.

Manufacturing process
drying a recanuts and garbling of peppers is manufacturing process, [State of Kerala v. Madhogaria, AIR 1959 Ker 200].

Market fee
is not a tax but only charge for service rendered, [Niamat Rai v. State, (1969) ILR 1 Punj 429].

Market value
is the price which a willing vendor might reasonably expect to obtain from a willing purchaser, [Union of India v. Ram, AIR 1973 SC 305; R.V. Narayan v. RDO, 66 IA 104].

Material alteration
means important alterations, such as those which materially and substantially change the front or structure of the premises, [Mohan Das Shah v. B. Das, AIR 1967 SC 643; B.N. Bhagava v. Harsh, (1988) 1 SCC 454].

Material defects
means defects in the title to an estate, [Haji Essa v. Daya Bhai, 20 Bom 522].

Material fact
means the fact upon which the party relies upon, [Mohan Rawale v. Damodar, (1994) 2 SCC 392; M. Chinnaswami v. K.C. Plasiami, (2004) 6 SCC 341].

Mesne profit
means the value of the user of the land to the persons in wrongful possession, [Fatech Chand v. Balkishan, AIR 1963 SC 1405 [Code of Civil Procedure, 1908, s. 2 (12)]].

Memorandum of appeal
contains the grounds on which the judicial examination is invited. The written memorandum of appeal is filed, [Laxmi Engineering Works v. Asst. Commissioner, Kanpur, AIR 1968 SC 488].

Mercy killing
is treated as manslaughter, [Sidheswari v. State of Assam, (1981) Cr LJ 1005].

Minor offence
is an offence which is a cognate offence wherein the main ingredients of an offence are in common, [Shree Muneer v. State of Karnataka, (1980) 24 Mad LJ 637 (Cr.)].

Misconduct and negligence
some kind of negligence may amount to negligence, [R.R. Shop v. Union of India, AIR 1960 Bom 344].

Mistake apparent from record
when there is ‘mistake apparent on record, the authority has to look to the amended law and not to the law that was in force at the time the original order was made, [Commercial Tax Officer v. Venkateswara Oil Mills, AIR 1973 SC 1325].

Mistake of fact and mistake of law
there is a no warrant for ascribing any limited meaning to the word “mistake” as has been used therein and it is wide enough to cover not only a mistake of fact but also a mistake of law, [Sales Tax Officer v. K.L.M. Lal Saraf, AIR 1959 SC 135].

Non-testamentary instrument
the award made by a private arbitrator is non-testamentary instrument,[Sardar Singh v. Krishna Devi, AIR 1995 SC 491].

Occupation and possession
the possession implies dominion and control as well as consciousness in the mind of a person having dominion over an object that he has and can exercise it. But occupation implies is to have use without right to retain it, [(1969) All WR (HC) 230].

Occupied land
means tenure land and homestead land, [State of Madhya Pradesh v. D.K. Jadhav, AIR 1927 SC 1530].

Occupier of land
means a person who is in use or enjoyment of the land and in actual use or occupation, [H.R. Rama Rao v. Collector, AIR 1957 AP 1042].

Offence and penalty,
offence is tried in a competent criminal court and punishment can be awarded, but penalties can be imposed by taxing authority itself, [Prakash Roadlines v. Union of India, AIR 1989 SC 1962].
Office of profit
does not include a contract under any department of the government, [Janeswar Bora v. Returning Officer, AIR 1975 Gau 61].

Officially capacity
the act of convening a court-material and the act of holding a court-martial are done in official capacity, [Subedar Singh v. Callaghan, AIR 1947 Lah 247].

Open court
means that even if a trial is held in a private house or is held inside a jail or anywhere, it becomes a venue of trial of a criminal case, and is deemed to be in law an open place and every one who wants to go to and attend the trial has a right to go and attend the trial except the only restriction contemplated is number of persons which could be contained in premises where the court sits, [Kehar Singh v. State, AIR 1988 SC1883].

Opportunity of being heard
means and includes personal hearing, [Government of Tamil Nadu v. Ass. Commr. of Urban Land Tax, (1989) 1 LW 44].

Opposed public policy
means an agreement with a tendency to influence public servants to decide the matters otherwise that on their own merits, [S. Suresh v. M.S. Gopalakrishnan, (1995) 1 LW 543].

Ordinarily resides
means ordinary residence, even at the time of presentation of the application, [Sardar Nayar v. Vyankara Amma, AIR1957 Ker 153].

Original Work
the Copyright Act is not concerned with the originality of ideas but with the expression of thought, and in the case of literary work with the expression of thought in print or writing, [McMillan & Co. v. K.J. Cooper, 48 Bom 308 (PC)].

Other proceedings
means only civil proceedings and not criminal proceedings, [M. Venkataraman v. State, (1967) 2 Mad LJ 367].

Out of the keeping of the lawful guardian
is compatible with the independence of action movement in the object kept, Lakshmi Dhar Mishra v. State, AIR 1957 Ori 29.

Owner or person in possession of property
means a person actually in possession or occupation of premises, J.E. Supply Company v. District Magistrate, AIR 1968 All 135.
Party interested
the tenant comes under the meaning of “party interested”, [Swaran Singh v. State of Punjab, (1994) 3 SCC 544].

Party to suit
includes minor plaintiff on whose behalf suit is filed by next friend, [Lalit Porewal v. Narayan, AIR 1966 All 542].

Pass such order as if things fit
is not restricted to passing of order which are final in character, [A.K. Singh v. N.K. Prasad, AIR 1968 SC 1227].

Passing of decree
means passing of a judgment, [Balabhadra Pradhan v. Sundarimani, AIR 1995 Ori 180].

Payment in due course
means payment in accordance with the apparent tenor of the instrument in good faith and without negligence to any person in possession thereof, under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount therein mentioned, Negotiable Instruments Act, [1881, s. 10, K.S. Bawa v. Director of Enforcement, (1990) Cr LJ 1068].

Pending suit
means an application for personal suit is neither made nor barred by limitation, [Muhammad Kazim Ali v. Ramesh Chandra Sil, AIR 1947 Cal 270].

Period of limitation
connotes the period of years, months or days prescribed by the law imposing limitation, [District Collector, Kottayam v. Cheriyan Marriamma, (1969) Ker LT 748].

Persistent default
implies to continue firmly or obstinately in a state, opinion, purpose, course of action etc. It implies contumacious perservance despite opposition or remonstrance, [State of Madras v. Tirunelveli Municipal Council, (1967) ILR 1 (Mad) 493].

Person in charge
means who is in over all control of day-to-day business of company or firm, [G.L. Gupta v. D.N. Mehta, AIR 1971 SC 2162].

Person interested,

embraces all persons who may directly or indirectly be interested either in the title of the land or in quantum of compensation, [Gurmit Kaur v. State, (1989) Punj LJ 704].

Perverse order
means an order made in conscious violation of pleadings and law would be perverse order, [Narayana Gowda v. Girijama, AIR 1977 Kant 58].

Physical or mental disability
lays emphasis on personal labour or supervision, [K.D. Santhan v. Maharashtra Revenue Tribunal, Nagpur, AIR 1976 SC 439].

Planning authority
 is same as local authority, [Municipal Corporation v. Advance Builders Pvt. Ltd., (1971) 3 SCC 381].

Police custody
starts while a police officer arrests a person by actually touching or confining his body, when the accused submits to the custody by word or action of offers to give information leading to discovery, [Glan Singh v. State, (1981) CCC 7].

Police powers and eminent domain
the constitutional guarantee of the due process clause in USA constitution requires that no private property shall be taken for public use without just compensation, [Chicago Burlington and Quiney Railway v. People of State of Illinois, (1906) 200 US 561].

Police reforms
is to secure professional independence for the police to function truly and efficiently as an impartial agent of the law of the land and, at the same time to enable to government to oversee the police performance to ensure its conformity to the law, [Prakash Singh v. Union of India, (2006) 8 SCC 1].

Police report
means a report forwarded by a police officer to a Magistrate, [State v. Falguni Dutta, JT 1993 (3) SC 288; Manik Chand v. State, AIR 1958 Cal 324].

Political offence
is an offence which one committed with the object of changing the government or inducing to change its policy, [R.K.Jai v. State, AIR 1980 SC 1510].

Political office
includes the cabinet ministers, minister, deputy-ministers and parliamentary secretaries who are running the department formulating policies and are responsible to the Parliament, [State v. V.C. Shukla, (1980) Supp SCC 249: AIR 1980 SC 1382].

Possessed and held
means one and same thing and the little controversy that has centered round and the word “possessed” would have been avoided, [Murudakhal v. Arumugha Gounder, AIR 1958 Mad 255].

Possession follows title
means, when a rightful owner is not in actual physical possession, he would in the eye of law, be deemed to be in possession, [Nagarao v. Jageshwar, AIR 1944 Nag 20].

Potential value
denotes market value of agricultural land, [N.K. Roy v. State of Orissa, (1968) 34 Cut LJ 863].

Precedent how to be applied
a case is only an authority for what it actually decides, [Quin v. Netham, (1901) AC 495].

Prefer and appeal or revision
means effectively pursuing the case, [C.I.T. v. B. Bhattacharjee (1979) 3 SCR 1133; Babu Nawab v. Nawab Khan, (1982) 1 Kant LJ 316].

Prejudicial to the interest in the revenue
is not limited to a case where the order passed can be considered to be one prejudicial to the revenue administration, [Malabar Industrial Co. Ltd. v. C.I.T., (1992) 198 ITR 609].

Preliminary objection
is raised sustainability of an application or action on the basis of the assumption of the truth of all the averments of fact made in the suit, or in the application of plaint, P.G. Walter v. Chief Secretary, AIR 1953 T&C 286.

Pre-meditated act
means a determined act or an act deliberately intended, but not sudden or accidental, Public Prosecutor, [Andhra Pradesh, Hyderabad v. Bande Siddaiah, (1978) 2 Andh WR 461].

Presumption as to documents
the court shall presume documents produced as record of evidence to be genuine and all the certifying officers to have held the official character, [Indian Evidence Act, 1872, s. 79].

Presumption of fact and presumption of law
the presumption of fact affects the burden of going forward with the evidence. And the presumption of law goes so far as to shift the legal burden of proof so that, in the absence of evidence sufficient to rebute it on a balance of probability, a verdict must be directed, [Syed Akbar v. State, AIR 1979 SC 1848].

Preventive detention
is one the justification of such detention is suspicious or reasonable probability and more criminal conviction, [A.K. Gopalan v. State of Madras, AIR 1950 SC 27; Harkishan Singh v. State, AIR 1966 P&H 248].

Previous sanction
must relate to a prosecution for contravention, and it is incumbent on government in case to show that such a sanction had been given, [Emperor v. J.C. D’Souza, AIR 1947 Bom 151].

Prima facie case
means that there is ground for proceeding, [Sher Singh v. Jitendra Nath Sen, AIR 1931 Cal 607].

Prima facie evidence
is sufficient to establish fact or to raise a presumption of truth of facts unless controverted, [Shiv Raj Singh v. State of Rajasthan, (1992) Cr LJ 3925].

Probable case
is not something as sufficient cause and is to be judged from the standard of a reasonable and ordinary prudent man, [C.B. Aggrawal v. P.K. Kapoor, AIR 1995 Del 154].

Procedure established by law
due process of law would mean the procedure established by law, [S.S. Services Ltd. v. Manjulla, (2005) 5 SCC 30].
[See A.K. Gopalan v. State of Madras, AIR 1950 SC 27].

Proof beyond reasonable doubt
does not mean some light, airy and non-substantial doubt, [Miller v. Minister of Pensions, (1947) 2 All ER 372].

Prosecution and punishment
refers to criminal offences and liable the effect of limiting the scope of the article to criminal proceedings before a court of law or Judicial Tribunal competent to deal with criminal case, [Raj Narayan Singh v. A. Govind, AIR 1954 All 319].

Professional activity
is an activity carried on by an individual by his personal skill and intelligence, [D. Surti v. State, AIR 1969 SC 63].

Professional misconduct
includes the act or omission, [H.A.K. Rao V. ICICA, AIR 1967 SC 1257].

Public interest
mean an act beneficial to general people, [B.R. Verma v. State, (1971) All LJ 653].

Public Interest Litigation
have a locus standi and can approach the court to wipe out violation of fundamental rights, [D.N. Thaware v. State, (2005) 1 SCC 590].

Public nuisance
means an act or illegal omission, which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy in vicinity, [Shakhat v. Sheodayal, (1957) MPC 490].

Question of fact
is one which is capable of being answered by way of demonstration, [Salmond on Jurisprudence, 12th Edn., p. 69].

Question of law
the substantial question of law does not mean a question of general importance but a substantial question of law between the parties to the case, [State v. J.M. Mohan, AIR 1957 Tri 22].

Quo warranto
must satisfy the court that the office in question is a public office and is held without legal authority, [University of Mysore v. C.D. Govind Rao, AIR 1965 SC 494].

Reasons to believe
means that is believe and it is not arbitrary or capricious but based on, or justified by facts, [Allahabad Milling Co. Ltd. v. Sale Tax Officer, (1966) 17 STC 211].

Reasonable and probable cause,
means a genuine belief as reasonable grounds that the proceedings are justified, [St. Sahib v. H.G. Sahib, AIR 1957 Mad 646].
Reasonable cause
which prevents a reasonable man of an ordinary prudence action under normal circumstances without negligence, [CWT, Patna v. J.P. Chaudhari, AIR 1996 Pat 58].

Reasonable doubt
complete proof for the prosecution cannot fall short of elimination of reasonable doubt about ingredient of an offence,[ R. Singh v. State, AIR 1970 All 51].

Reasonable opportunity
must be given, [Fedia Pvt. Ltd. v. S.N. Bilgrani, AIR 1960 SC 415].

Reasonable restriction
means that the limitation should not be arbitrary or of an excessive nature, beyond what is required in the interests of public, [Chintaman Rao v. State, AIR 1951 SC 118].

Reasonable suspicion
depends upon facts of each case, [Coti v. Rex, AIR 1948 All 366].

Right of appeal
a person who institutes a suit has a vested right of appeal as per the law on the data of institution, [K.J. Shan v. Mohan Lal Bhagwan Das, AIR 1968 SC 1336].

Right to development
means the exercise of their inalienable right to full sovereign over all their natural wealth and resources, Word Conference on Human Rights, Art.1.

Rule of law
means the law must not be arbitrary or irrational and it must satisfy the rest of the reason, [Bachan Singh v. State, AIR 1982 SC 1325].

Rule of pleading
refers to reasonably placed on practice of the profession of law, [D. Sornoom v. State of Madras, (1969) 1 Mad LJ 207].

Sale of goods
is a complex expression and consists of various ingredients or elements, [Poppat Lal Shah v. State, AIR 1953 SC 274].

Sale or transfer
involves a transaction clothed with all its legal formalities, [Provident Investment Company v. C.I.T., Bombay, AIR 1954 Bom 95].

Sale price

includes sales tax realised from buyer, [Bata Shoe Company Ltd. v. Member Board of Revenue, West Bengal, (1946) 50 CWN 278].

Same offence
within the meaning of Art. 20(2) of Constitution of India, where the ingredients of two offences are totally different, they do not form the “same offence”, [B.S.L.B. Lal v. State, AIR 1965 SC 682].

Sanction for prosecution
is a weapon to ensure discouragement of frivolous and vexacious prosecution and is a safeguard for the innocent but not a shield for the guilty, [Mansukhlal v. State, (1997) 7 SCC 622].

Save as provided by or under the Act
means save as otherwise expressly barred by or under the Act, [State v. Noor, AIR 1973 SC 2729].

Scandalising the court
means the hostile criticism of judges, [D.C. Saxena v. Chief Justice of India, (1996) 5 SCC 216].

Shadon of doubt
means the cases depends on direct evidence, [S.G. Dixit v. State, AIR 1981 SC 765].

Single or double adultery
means one of the parties to the sexual intercourse is a married persons. If only one is married person it will be a single adultery, if both are married persons the matrimonial offence will also be adultery but in that case it will be a double adultery, [Olga Thelmia Gomes v. Mark Gomes, AIR 1959 Cal 451].

Steps in the proceeding
means application for time to file a written statement, [State of Uttar Pradesh v. Harinath, AIR 1949 All 611].

Substantial question of law
does not mean a question of general importance but a substantial question of law between the parties to the case, [State v. J. Mohini, AIR 1957 Tri 22].

Symbolical possession
is not binding upon third party, [Ram Prasad Ojha v.Bakshi, AIR 1932 pat 145].

Testimonial compulsion
every positive volitional act which furnishes evidence is testimony and “testimonial compulsion” connotes coercion which produces the positive violitional evidentiary act of the person, as opposed to the negative attitude of silence or submission, of his part, [Subedar v. State of Uttar Pradesh, AIR 1957 All 396].

Things done or omitted to be done
means acts or omission, [R.P. Shah v. Government of West Bengal, AIR 1955 Cal 374].

Total and whole
the meaning of these words are vice versa, [M.P. Jaiswal v. District Magistrate, AIR 1971 All 77].

Trade mark and property mark
Trade mark denotes the manufacture of quality of goods to which it is attached, the “property mark” denotes the ownership in them, [S.P. Jain v. S. Prasad, AIR 1972 SC 2488].

True copy
is a transcript identical to or substitute to be original, [S.S. & J. Lal v. Laxminarayan Pandey, (1996) 5 SCC 181].

Unascrertained occupation
means after the period of expiry of grace period, [G.M. Giri v. Union of India, AIR 1995 Ori 158].

Undue advantage
means economic hardship, [s. Vasudeva v. State, AIR 1994 SC 923].
Unfair advantage
means advantage obtained by unrighteous means, [Ganesh v. Vishnu, 32 Bom 37].

Valuable consideration
transfer favouring a charity for previous liability is a valuable consideration, [Chidambara v. P. Ranga, AIR 1966 SC 193].

Vested in court
means power conferred by statute, N.S. Thread Company v. J.C. & Bros, AIR 1953 SC 357.

Vested rights
means right of enjoyment, [R. Dayal v. State, (1996) 3 WLC 513].

Withdrawal and dismissal
the permission to withdraw an application is not equated with an order of its dismissal, [Ahmedabad Calico Company v. Workmen, AIR 1981 SC 960].

Within such period
means within the period which ends with the last day of limitation prescribed,[ R. v. R., AIR 1962 SC 361].

Without assigning any cause
means without communicating any cause to the appointee whose appointment is terminated, [Kurmari Shrilekha Vidyarthi v. State, AIR 1991 SC 537].

Without prejudicial
is of a narrower interpretation, [Jagadinara Kumar v. Revenue Commissioner, Orissa, AIR 1953 Ori 117].

Writ of prohibition
is an order directed to an inferior tribunal forbidding it from continuing with a proceeding before it on the ground that the proceeding is without or in excess of jurisdiction, or against law, [East India Commercial Ltd. v. Collector of Customs, AIR 1962 SC 1903].

Writ of quo warranto
must satisfy the court that the office in question is a public office and is illegally, [University of Mysore v. C.D. Govinda Rao, AIR 1965 SC 494].

Zero hour
means the time set for the beginning of an attack or other military operation; any crucial or decisive movement, [Webster American Dictionary, P. 168].

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