Category: Judicial Dictionary

Meaning of a Word or Phrase as defined by a Competent Court

Abuse of the process of the Court

A judicial proceeding which is otherwise permissible may become an engine of fraud. Thus in Advocate General, State of Bihar vs. Madhya Pradesh Khair Industries Ltd., (1980) 2 SCR 1172 (1175) it was held that the filing of an application may amount to an abuse of process.

Insurgency means

What is the meaning of the term ‘insurgency’ The term ‘insurgency’ has not been defined either under the MCOCA or any other statute. The word ‘insurgency’ does not find mention in the […]

Per incuriam means

Per incuriam   When a judgment is rendered by ignoring the provisions of the governing statute and earlier larger Bench decision on the point such decisions are rendered ‘Per incuriam’. This concept […]

Judicial justice what is

Judicial justice Supreme Court pointed out in M. H. Hoskot. v. State of Maharashtra, (1978) 3 SCC 544): “Judicial justice, with procedural intricacies, legal submissions and critical examination of evidence, leans upon […]

Terrorism means

Experience has shown us that ‘terrorism’ is generally an attempt to acquire or maintain power or control by intimidation and causing fear and helplessness in the minds of the people at large or any section thereof and is a totally abnormal phenomenon. What distinguishes ‘terrorism’ from other forms of violence, therefore, appears to be the deliberate and systematic use of coercive intimidation.

Colourable piece of legislation-Definition

The question whether a law was a colourable legislation and as such void did not depend on the motive or bona fides of the legislature in passing the law but upon the competency of the legislature to pass that particular law, and what the courts have to determine in such cases is whether though the legislature has purported to act within the limits of its powers, it has in substance and reality transgressed those powers, the transgression being veiled by what appears, on proper examination, to be a mere pretence or disguise.

Quasi-judicial act-Definition

This definition insists on three requisites each of which must be fulfilled in order that that the act of the body may be a quasi-judicial act, namely, that the body of persons (i) must have legal authority, (ii) to determine questions affecting the rights of subjects, and (iii) must have the duty to act judicially.

Ius means

The law. Ius is often contrasted with lex or leges, which are the laws. Ius is the law in its broadest sense or ideal state. It is above and largely unaffected by the contingent statutes or other laws that the state happens to enact, which are the leges. From this difference arise the English terms “justice” and “legislation.”

Interpleader means

A special form of action under the modern common law, allowed by statutes and now codified in Federal Rule of Civil Procedure 22, in which a party that is aware of its liability to either of two or more parties may initiate a lawsuit to determine to whom it is liable and to extinguish its liability to the other possible claimants against it.

Iniuria means

Generally, in Roman law, any wrongful conduct. As Pound notes, here he means “injury to the physical person or to honor.” In such cases, iniuria included a range of acts that under modern law would include slander, libel, defamation, battery, and rape.

Corpus juris

Originally the books of law collected under Justinian, between CE 529 and 565: the Codex Constitutionum, or the code of constitutional law; the Digest (also known as the Pandects), the collection of precedents from earlier decisions; the Institutes, or summary of the whole for students; and the Novels, or laws made after the collection. In the sense used by Justice Holmes here, it refers merely to the whole body of law.

Capital Punishment-India

There are several other sections in which death sentence could be imposed, but that sentence is not mandatory. Under two sections namely Sec. 302-murder and Section 121-waging war against the Government of India, alternative punishments of death or imprisonment for life are leviable.

Confession statement

Under the general law of the land as reflected in the Indian Evidence Act, no confession made to a police officer can be proved against an accused. ‘Confessions’ – which is a terminology used in criminal law is a species of ‘admissions’ as defined in Section 17 of the Indian Evidence Act.