Law Library
You don’t need a law dictionary for Indian or Commonwealth lawyers if you go through this Judicial Dictionary
U.S. and British law dictionaries such as Black`s Law Dictionary or Stroud’s Judicial Dictionary of Words and Phrases.etc are written for U.S. and British lawyers. Indian Lawyers basically trained and working in the common law system but they don`t speak in a common tongue; though Indian judiciary does establish its own way to define a legal term while passing a court opinion. Mother tongue of Indian Lawyers is not English but the official texts are in English and the language of the Courts are also in English with few exceptions. They don’t use law dictionary in the same way as a US or British lawyer trained and working for a common law system.
That’s why Law Library has put its effort into producing this Judicial Dictionary for the beginners and intermediates. Here we collected basically Statutory Definitions only. Our other Judicial Lexicography is also available in this website, hope they will also help a seeker of legal words.
We collected all statutes up to 2016 and explained every single word defined or undefined in a particular statute in our Dictionary of Statutory Definitions section.
For Individual Statute Click here
Indian Law Encyclopedia
Indian law encyclopedia is designed to collect and explain the whole mass of Indian Law as enacted or inherited.
Below we made a handy consolidate reference of the Statutory Defined words without further explaining it.
A
‘Advocate’ means a person whose name is entered on the roll of advocates prepared and maintained by a State Bar Council under the Advocates Act, 1961 (25 of 1961);
‘Advocate-on-record’ means an advocate, who is entitled under the Rules to act as well as to plead for a party in the Court;
‘Allocated matter’ means a matter, which, by virtue of the Rules, Roster, Practice and Procedure, Judgment or Order, is required to be heard by a Bench, and includes-
(a) an assigned case or specially directed case;
(b) case bearing single coram of a Judge;
(c) a part-heard case;
(d) subsequent application for bail or suspension of sentence;
(e) an application for cancellation of bail or suspension of sentence granted by the Court;
‘Chief Justice’ means the Chief Justice of India and includes a Judge appointed under Article 126 of the Constitution to perform the duties of the Chief Justice;
Amendment of pleadings— The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties[CPC]
Amount of fine: Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive[IPC]
B
Bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence.
Bar to further suit— Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.
Beef- means flesh of cow and of such bull or bullock, whose slaughter is prohibited under this Act, but does not include such flesh contained in sealed containers and imported as such into Uttar Pradesh;[Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (U.P. Act No. I of 1956)]
Benefit -means any advantage, gift, reward, relief, or payment, in cash or kind, provided to an individual or a group of individuals and includes such other benefits as may be notified by the Central Government;[ [The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016]
Biometric information– means photograph, finger print, Iris scan, or such other biological attributes of an individual as may be specified by regulations. Core biometric information means finger print, Iris scan, or such other biological attribute of an individual as may be specified by regulations.
Biometric information deemed to be sensitive personal information. – The biometric information collected and stored in electronic form, in accordance with this Act and regulations made thereunder, shall be deemed to be “electronic record” and “sensitive personal data or information”, and the provisions contained in the Information Technology Act, 2000 and the rules made thereunder shall apply to such information, in addition to, and to the extent not in derogation of the provisions of this Act.
Explanation. – For the purposes of this section, the expressions-
(a) “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000;
(b) “electronic record” shall have the same meaning as assigned to it in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000;
(c) “sensitive personal data or information” shall have the same meaning as assigned to it in clause (iii) of the Explanation to section 43A of the Information Technology Act, 2000.
[The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016]
C
Caveat –Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report
Code’ means the Code of Civil Procedure, 1908 (5 of 1908) or the Code of Criminal Procedure, 1973 (2 of 1974), as the case may be;
Cognizable offence” means an offence for which, and “Cognizable case” means a case in which, a police officer may, in accordance with the First Schedule of Cr.P.C or under any other law for the time being in force, arrest without warrant.
Common intention– When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone[IPC]
Consent known to be given under fear or misconception:A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception ; or
Consent of insane person
if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or
Consent of child
unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age[IPC s 90]
‘Constitution’ means the Constitution of India;
‘Court appealed from’ includes a Tribunal or any other judicial body from which an appeal is preferred to the Court;
Court fee means Court fee set out in Court fees Act;
Court of Justice :The words “Court of Justice” denote a judge who is empowered by law to act judicially alone, or a body of judges, which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially[IPC]
Criminal misconduct by a public servant—(1) A public servant is said to commit the offence of criminal misconduct,—
(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in section 7; or
(b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned; or (c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do;
or
(d) if he,—
(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or
(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or
(iii) while holding office as a public servant, obtains for any person any valuable thing or
pecuniary advantage without any public interest; or
(e) if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income.
Explanation.—For the purposes of this section, “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant.
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than 3 [four years] but which may extend to 4 [ten years] and shall also be
liable to fine[THE PREVENTION OF CORRUPTION ACT, 1988]
D
Decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include-
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation-A decree is preliminary when further proceedings have to be taken before the suit can be
completely disposed of. It is final when such adjudication completely disposes of the suit, it may be partly preliminary and partly final;
Decree-holder means any person in whose favour a decree has been passed or an order capable of execution has been made;
Decree[date of]—The decree shall bear the day on which the judgment was pronounced, and when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree
Definition of Court which passed a decree— The expression “Court which passed a decree”, or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,—
(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance,
and
(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit.
The Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit wherein the decree was passed or after the passing of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other Court; but in every such case, such other Court shall also have jurisdiction to execute the decree, if at the time of amking the application for execution of the decree it would have jurisdiction to try the said suit and Courts by which decrees may be executed
“District” means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a “District Court”), and includes the local limits of the ordinary original civil jurisdiction of a High Court;
Detained includes detained under any law providing for preventive detention
Documents : The word “document” denotes any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.
Explanation 1
It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.
Illustrations
A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
A cheque upon a banker is a document.
A power-of-attorney is a document.
A map or plan which is intended to be used or which may be used as evidence, is a document.
A writing containing directions or instructions is a document.
Explanation 2
Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature.[IPC]
E
Exemption from personal appearance— The following persons shall be entitled to exemption from personal
appearance in Court, namely—
(i) the President of India;
(ii) the Vice-President of India;
(iii) the Speaker of the House of the People;
(iv) the Ministers of the Union;
(v) the Judges of the Supreme Court;
(vi) the Governors of States and the administrators of Union Territories;
(vii) the Speakers of the State Legislative Assemblies;
(viii) the Chairman of the State Legislative Councils;
(ix) the Ministers of States;
(x) the Judges of the High Courts; and
(xi) the persons to whom section 87B applies
F
Faculty of the Academy– means Academy Professors, Professors of Eminence, Distinguished Professors, Outstanding Professors, Senior Professors, Emeritus Professors, Professors, Associate Professors, Assistant Professors, visiting faculty, and such other persons as may be appointed for imparting instruction or conducting research in the Academy or institutions maintained by the Academy and includes the scientists of Council of Scientific and Industrial Research assigned for imparting instruction or conducting research; [ Academy Of Scientific And Innovative Research Act, 2011]
Foreign Court: means a Court situate outside India and not established or continued by the authority of the Central Government;
Foreign judgment: means the judgment of a foreign Court;
Fraudulently : A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.[IPC]
Fraud :”fraud” includes any act, expression, omission or concealment committed whether in a deceitful manner or not by a person or by any other person with his connivance or by his agent while dealing in securities in order to induce another person or his agent to deal in securities, whether or not there is any wrongful gain or avoidance of any loss, and shall also include-
(1) a knowing misrepresentation of the truth or concealment of material fact in order that another person may act to his detriment;
(2) a suggestion as to a fact which is not true by one who does not believe it to be true;
(3) an active concealment of a fact by a person having knowledge or belief of the fact;
(4) a promise made without any intention of performing it;
(5) a representation made in a reckless and careless manner whether it be true or false;
(6) any such act or omission as any other law specifically declares to be fraudulent,
(7) deceptive behaviour by a person depriving another of informed consent or full participation.
(8) a false statement made without reasonable ground for believing it to be true.
(9) The act of an issuer of securities giving out misinformation that affects the market price of the security, resulting in investors being effectively misled even though they did not rely on the statement itself or anything derived from it other than the market price.
And “fraudulent” shall be construed accordingly;
Nothing contained in this clauseshall apply to any general commentsmade in good faith in regard to
(a) the economic policy of the government
(b) the economic situation of the country
(c) trends in the securities market
or
(d) any other matter of a like nature
Whether such comments are made in public or in private[Clause (c) of SEBIregulation 2]
G
Good faith : Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention[IPC]
Government Pleader includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader[CPC]
H
‘High Court’ means-
(a) as respects anything done before the commencement of the Constitution, a High Court within the meaning of Section 219 of the Government of India Act, 1935; and
(b) as respects anything done or to be done after the commencement of the Constitution, a High Court established by or recognized under the Constitution;
I
Illegal, Legally bound to do: The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit[IPC]
Injury: The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property[IPC]
Interlocutory application- means an application filed in a pending main case praying for relief, interim or otherwise, from the Court;
Investigation- It includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.
Institution of suits— Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed
J
Judge: means the presiding officer of a Court;
Judge–The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or
who is one of a body of persons, which body of persons is empowered by law to give such a judgment.
Illustrations
(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a judge.
(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a judge.
(c) A member of a Panchayat which has power, under 1Regulation VII, 1816, of the Madras Code, to try and determine suits, is a judge.
(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a judge[IPC]
Judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath.
judgment- means the statement given by the judge of the grounds of a decree or order. The Court, after the case has been shall pronounce judgment in open Court either at once or, as soon thereafter as may be practicable, on some future day; and when the judgment is to be pronounced on some future day,the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleader
Judgment’ includes decree, order, sentence or determination of any Court, Tribunal, Judge or Judicial officer;
judgment-debtor” means any person against whom a decree has been passed or an order capable of execution has been made;
K
L
Law- Includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the acquired territory; [ The Acquired Territories (Merger) Act, 1960 ]
Legal representative: means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued.
Local jurisdiction : In relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify
Lottery: means a scheme, in whatever form and by whatever name called, for distribution of prizes by lot or chance to those persons participating in the chances of a prize by purchasing tickets;[ The Lotteries (Regulation) Act, 1998]
Local law: A “local law” is a law applicable only to a particular part of India[IPC]
M
Main Case’ or ‘Case’ means a case classified in Chapter II of this Handbook;
Minor’ in relation to Order VII of the Rules means a person who has not attained majority within the meaning of Section 3 of the Indian Majority Act, 1875 (9 of 1875), where the appeal, petition or other proceeding relates to any of the matters mentioned in clauses (a) and (b) of Section 2 of that Act or to any other matter;
Miscellaneous Application’ means interlocutory application/ criminal miscellaneous petition/office report for directions in a dismissed/disposed of matter;
Means profits” of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made but the person in wrongful possession;
Memorandum of evidence [in unappealable cases]— In cases in which an appeal is not
allowed, it shall not be necessary to take down or dictate or record the evidence of the witnesses at length; but the Judge, as the examination of each witness proceeds, shall make in writing, or dictate directly on the typewriter, or cause to be mechanically recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall be signed by the Judge or otherwise authenticated, and shall form part of the record.]
Movable property” includes growing crops;
N
Not taken up case’ means a case which could not be or was not taken up, for whatever reason, on the date of listing;
O
Oath : The word “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not[IPC]
Online lottery: means a system created to permit players to purchase lottery tickets generated by the computer or online machine at the lottery terminals where the information about the sale of a ticket and the player’s choice of any particular number or combination of numbers is simultaneously registered with the central computer server;[Lotteries (Regulation) Rules, 2010.]
Order: means the formal expression of any decision of a Civil Court which is not a decree
P
Person: The word “person” includes any Company or Association or body of persons, whether incorporated or not.[IPC]
“Place” includes a house, building, tent, vehicle and vessel;
“Pleader“, when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and
includes any other person appointed with the permission of the Court to act in such proceeding ;
Police report” means a report forwarded by a police officer to Magistrate under sub-section (2) of section 173;
Police station” means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf ;
Pleader means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court;
Pleading— “Pleading”, shall mean plaint or written statement
Prescribed’ means prescribed by or under the Rules or Practice and Procedure or administrative orders issued from time to time by a statute;
Prison includes—
(i) any place which has been declared by the State Government, by general or special order, to be a
subsidiary jail; and
(ii) any reformatory, borstal institution or other institution of a like nature
Public: The word “public” includes any class of the public or any community[IPC]
Public duty means a duty in the discharge of which the State, the public or the community at large has an interest;[Prevention of Corruption Act]
Public officer” means a person falling under any of the following descriptions, namely:-
(a) every Judge;
(b) every member of [4][an All-India Service];
(c) every commissioned or gazetted officer in the military, naval or air forces of the Union while serving under the Government.
(d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the court, and every person especially authorized by a Court of Justice to perform any of such duties:
(e) every person who holds and office by virtue of which he is empowered to place or keep any person in confinement;
(f) every officer of the Government whose duty it is, as such officer, to prevent offences to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; and
(h) every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty;
Public Prosecutor” means any person appointed under section 24, and includes any person acting under the directions of a Public Prosecutor[Cr.P.C]
Public Servant “public servant” means—
(i) any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty;
(ii) any person in the service or pay of a local authority;
(iii) any person in the service or pay of a corporation established by or under a Central,
Provincial or State Act, or an authority or a body owned or controlled or aided by the
Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(iv) any Judge, including any person empowered by law to discharge, whether by himself or
as a member of any body of persons, any adjudicatory functions;
(v) any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court;
(vi) any arbitrator or other person to whom any cause or matter has been referred for decision or report by court of justice or by a competent public authority;
(vii) any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
(viii) any person who holds an office by virtue of which he is authorised or required to
perform any public duty;
(ix) any person who is the president, secretary or other office-bearer of a registered
co-operative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid from the Central Government or a State Government or from any corporation established by or under a Central, Provincial or State Act, or any authority or body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(x) any person who is a chairman, member or employee of any Service Commission or Board, by whatever name called, or a member of any selection committee appointed by such Commission or Board for the conduct of any examination or making any selection on behalf of such Commission or Board;
(xi) any person who is a Vice-Chancellor or member of any governing body, professor,
reader, lecturer or any other teacher or employee, by whatever designation called, of any
University and any person whose services have been availed of by a University or any other public authority in connection with holding or conducting examinations;
(xii) any person who is an office-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government, or local or other public authority.
Explanation 1.—Persons falling under any of the above sub-clauses are public servants, whether appointed by the Government or not.
Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.[Prevention of Corruption Act]
The words “public servant” denote a person falling under any of the descriptions hereinafter following namely:-
[* ****]
Second.- Every Commissioned Officer in the Military, Naval or Air Forces of India;
Third.- Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory function;
Fourth.- Every officer of a Court of justice (including a liquidator, receiver or commissioner)] whose duty it s, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties.
Fifth.- Every juryman, assessor, or member of a panchayat assisting a Court of justice or public servant;
Sixth.- Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of justice, or by any other competent public authority;
Seventh.- Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
Eight. -Every officer of the Government] whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
Ninth.- Every officer whose duty it is, as such officer, to take, receive, keep or extend any property on behalf of the Government], or to make any survey, assessment or contract on behalf of the the Government], or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of 7[the Government], or to make, authenticate or keep any document relating to the pecuniary interests of the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of [the Government];.
Tenth. – Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
Eleventh.- Every persons who holds any office in virtue of which he is empowered to prepare, publish maintain or revise an electoral roll or to conduct an election or part of an election;
[twelfth.- Every person.
(a) In the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
(b) In the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956.]
Illustration
A Municipal Commissioner is a public servant.
Explanation 1
Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.
Explanation 2
Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.
Explanation 3
The word “election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.[IPC]
Punishment :The punishments to which offenders are liable under the provisions of this Code are—
First.— Death;
Secondly.—Imprisonment for life;] [3rd -4th rep]
Fourthly. —Imprisonment, which is of two descriptions, namely:—
(1) Rigorous, that is, with hard labour;
(2) Simple;
Fifthly. —Forfeiture of property;
Sixthly. —Fine.[IPC]
Fractions of terms of punishment: In calculating fractions of terms of punishment, imprisonment] for life shall be reckoned as equivalent to imprisonment for twenty years.
R
Reason to Believe: A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise[IPC]
Record’ means the aggregate of papers relating to a Suit or an appeal (including the pleadings, proceedings, evidence and judgments) proper to be laid before the Court at the hearing of the appeal;
Res judicata— No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Explanation I.—The expression “former suit” shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.
Explanation II.—For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation III.—The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.
Explanation IV.—Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.
Explanation VI.—Where persons litigate bona fide in respect of public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating.
[8] [Explanation VII.—The provisions of this section shall apply to a proceeding for the execution of a decree and reference in this section to any suit, issue or former suit shall be construed as references, respectively, to proceedings for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that
decree.
Explanation VIII.—An issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in as subsequent suit, notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised[CPC]
Resident means an individual who has resided in India for a period or periods amounting in all to one hundred and eighty-two days or more in the twelve months immediately preceding the date of application for enrolment [ Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016]
‘Respondent’ includes an intervener;
‘Registrar’ means the Registrar of the Court and shall include Additional Registrar of the Court;
‘Registry’ means the Registry of the Court.
Review—Any person considering himself aggrieved :
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed by this Court, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Revision— The higher Court may call for the record of an case which has been decided by any Court subordinate to such higher Court and in which no appeal lies thereto, and if such subordinate Court appears—
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the higher Court may make such order in the case as it thinks fit
Right to begin— The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has the right to begin.
S
Servant of Government.- The words “servant of Government” denote any officer or servant continued, appointed or employed in India by or under the authority of Government[IPC]
Slight harm: Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm[IPC s 95]
Special law: A “special law” is a law applicable to a particular subject[IPC]
Striking out pleadings— The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading—
(a) which may be unnecessary, scandalous, frivolous or vexatious, or
(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or
(c) which is otherwise an abuse of the process of the Court.]
Supplemental Proceedings— In order to prevent the ends of justice from being, defeated the Court may, if it is to prescribed,—
(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;
(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;
(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;
(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;
(e) make such other interlocutory orders as may appear to the Court to be just and convenient.
Subsidy- means any form of aid, support, grant, subvention, or appropriation, in cash or kind, to an individual or a group of individuals and includes such other subsidies as may be notified by the Central Government[Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016]
S
Taxing Officer:’ means the Officer of the Court whose duty is to tax costs of proceedings in the Court;
Tourist: means a person not normally resident in India, who enters India for a stay of not more than six months in the course of any twelve months period for legitimate non-immigrant purposes, such as touring, recreation, sports, health, family reasons, study, religious pilgrimage or business[Baggage Rules, 1998]
[U]
V
Valuable security : The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or where by any person acknowledges that he lies under legal liability, or has not a certain legal right[IPC]
Certificates –The certificates which are found as forged for being admitted in the college could be described as valuable security; Kansaheb Kalu Patil v. State of Maharashtra, AIR 1981 SC 80: 1980 Cr LJ 1312.
Voluntarily: A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily[IPC]
W
Warrant-case: means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.”Summons-case” means a case relating to an offence, and not being a warrant-case.
Witness : means person who is acquainted with the facts and circumstances, or is in possession of any information or has knowledge, necessary for the purpose of investigation, inquiry or trial of any crime involving an offence under this Act, and who is or may be required to give information or make a statement or produce any document during investigation, inquiry or trial of such case and includes a victim of such offence; [PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011.The ‘Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill’ was originally drafted by the National Advisory Council or NAC, a group of activists and civil society representatives chaired by Congress president Sonia Gandhi.] Bill not passed.
Wrongful gain.–“Wrongful gain” is gain by unlawful meansof property to which the person gaining is not legally entitled.
“Wrongful loss”.–“Wrongful loss” is the loss by unlawful meansof property to which the person losing it is legally entitled. Gaining wrongfully.
Losing wrongfully.–A person is said to gainwrongfully when such person retains wrongfully, as well as when suchperson acquires wrongfully.
A person is said to lose wrongfully whensuch person is wrongfully kept out of any property, as well as whensuch person is wrongfully deprived of property.[IPC]
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”[IPC]
