Diminution in amount, degree, or intensity; moderation. Legally it is The act of eliminating or annulling. A reduction in or reprieve from a tax, debt or any other payment obligation. An abatement is sometimes included in a contract, for example abatement of rent in the event that a building is destroyed by fire, flood or other accident.
The termination of a pregnancy which is accompanied by, results in, or is closely followed by the death of the embryo or fetes. The termination of a pregnancy and expulsion of the contents of the uterus. This can occur either by induction or spontaneously (when it is known as a miscarriage)
Abrogate – To repeal
A person who owns something over which no one else other than he owns a part. For example, if two sisters buy a house together, then they are joint owners. If one sells her share in the house to the other, the buyer will become the absolute owner.
A transfer by someone of all the rights he has in something normally the term is used for Property Transfer.
• Agreeing either expressly or by conduct to an act or offer of another. This may have legal implications which, for example may mean that a contract has been concluded. In the context of RBI Guidelines, it means the Execution of payment order.
• Component of a contract, applicable to the real estate situation where a Purchaser may make an offer on a property and the Vendor may accept that offer.
• The basic requisite of any contract is a proposal by one party, called the offer or, to another party, called the offered, to accept the basic terms of the Agreement. If the offered indicates assent to the proposal, there is an acceptance and the contract will bind both parties to its terms.
A partner in the commissioner of a crime. At law, an accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offence. For example, in a bank robbery, the person who points the gun at the teller and asks for the money is guilty of armed robbery. In Simple terms an Accomplice is 1. A partner in a crime. 2. A person who knowingly and voluntarily participates with another in a criminal activity.
The period beginning on the first day of April and ending on the last day of March or in Some Cases January to December
A person charged with a criminal offense, or the state of being so charged. a person or entity accused of committing a crime. This is the word used to identify the person who has been charged with committing a particular offence. Before he is charged, he may be known as the “suspect.” During trial proceedings the accused is commonly referred to as the “defendant”. If he is found guilty, he may then be called the “perpetrator.”
To set a person free because he has been found not guilty. In criminal law, an acquittal is the legal result of a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused. The opposite result is a conviction.
Setting a person free from the suspicion of an offence. Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. In other words, a verdict of “not guilty.” In criminal law, an acquittal is the legal result of a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused. The opposite result is a conviction.
a writing, a speech or an act on the part of a person that could provide the grounds for bringing an action against someone legally. That which can legally be made the grounds of a law suit.
Act of God
Any accident with either exclusive or direct natural causes, which happened without human intervention and which could not have been rejected with reasonable foresight or prevented by reasonable care. It also refers to a natural event, not preventable by any human agency, such as flood, storms, or lightning. Forces of nature that a carrier has no control over, and therefore cannot be held accountable.Term used to denote an occurrence beyond the control of or avoidance by human power; caused by natural forces such as a flood, earthquake, etc. Its occurrence will generally not terminate a contract or discharge the parties thereto, unless provided for in the agreement. Force Majeure clauses generally incorporate reference to this provision.
The physical acts constituting commission of a crime. As per Wikipedia, Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (“guilty mind”), produces criminal liability in common law based criminal law jurisdictions such as the United States, Canada and the United Kingdom. According to criminal jurisprudence, there must be a concurrence of both actus reus and mens rea for a crime to have been committed. It is “guilty act – the action or conduct which constitutes a crime”
List of additions…. A document, which is not part of the general tariff schedule, that provides additional information regarding utility rates, charges, rules and regulation.
To bring before the court…advance evidence for
removing a legacy from a will because the item willed no longer exists. In testate distribution, the failure of a gift if the property is no longer owned by the testator at the time of death.
Latin – ‘ for this particular purpose’ – an ad hoc committee is normally set up to study a particular problem and once it has studied and reported on a matter, it is disbanded. Something that is ad hoc or that is done on an ad hoc basis happens or is done only when the situation makes it necessary or desirable, rather than being arranged in advance or being part of a general plan.
To postpone the hearing of a case for some future date. Close at the end of a session; “The court adjourned”…..To suspend until a later stated time.
to give a judgement between two parties in law or to decide a legal problem….It means To decide or settle something in a legal setting. …. decide: bring to an end; settle conclusively; “The case was decided”; “The judge decided the case in favor of the plaintiff”
Administer the oath
To oversee the swearing of an oath by a person. Administering an oath can only be done by persons who are qualified to do so. Examples of these are magistrates, notaries and Court Commissioners.
a person appointed by a court to represent a person who has died without making a will or without naming executors, and who the law recognises as one able to manage the estate. ..it is the party appointed by a probate court to distribute the estate of someone who dies without a will or without naming an executor
An act by which a relation of parent and child is legally established between persons who are not so related by natire……..a legal proceeding that creates a parent-child relation between persons not related by blood; the adopted child is entitled to all privileges belonging to a natural child of the adoptive parents (including the right to inherit)
Voluntary sexual intercourse between a married person and someone who is not his/her spouse. Extramarital sex that willfully and maliciously interferes with marriage relations; “adultery is often cited as grounds for divorce”. Adultery was regarded as a great social wrong, as well as a great sin.
Adverse possession – A person not being the owner of the property is in possession of the property. A method of acquiring title by possession under certain conditions. Generally, possession must be actual, under claim of right, open, continuous, notorious, exclusive and hostile (knowingly against the rights of the owner). This is where someone has taken possession of a building or land without having the permission of the owner. If this has happened for 12 years or more, it may be possible for the occupier to claim a type of title to the land called a Possessory title
Advocate General –
Advocate General – a person appointed by the state to represent the state in all legislation.
a statement in writing made under oath sworn by the person making it as true. A written statement of facts signed by an individual and notarized. Affidavits are used in many aspects of the court and are often filed with court documents. Affidavits carry weight in Courts to the extent that judges frequently accept an affidavit instead of the testimony of the witness.
Affray – Unlawful use of force to intimidate others. In law, the affray is the fighting of two or more persons in a public place to the terror (in French: à l’effroi) of the lieges.
A person who represents another in dealings with a third party. Anyone who is authorized to act on the behalf of another. A corporation acts only through its agents; therefore, it is important to define what actions an agent is authorized to perform.
One who has been harmed or suffered some damage by a defendant’s action. Unhappy or distressed. An aggrieved person is someone who has been unfairly treated or had an injustice perpetrated against them.
Chartered companies = companies formed before India’s Independence by the passing of a Royal Charter by the British monarch.
A mutual assent to do a thing…it can be a legally binding contract made between two or more persons. An agreement is made when two people reach an understanding about a particular issue, including their obligations, duties and rights. While agreement is sometimes used to mean contract – a legally binding oral or written agreement – it is actually a broader term, including understandings that might not rise to the level of a legally binding contract. There can be many types of agreements – entire agreement, service level agreement, repurchase agreement, purchase agreement, cooperative agreement, listing agreement, buy-sell agreement, agreement of sale, loan agreement, forward rate agreement, Partnership Agreement and so on.
Aiding and abetting
Offence of helping and encouraging someone to commit a crime – it includes all forms of assistance rendered by words, acts, encouragement, support or presence.
Name which you take to hide your real name. A name that has been assumed temporarily.
A plea taken by the accused to prove that he has not committed the crime. A defence claim that the accused was somewhere else at the time a crime was committed…. A defence to a criminal charge which asserts that the defendant could not have committed the crime at issue because the defendant was at a different location when the crime was committed.
The transfer of property (usually land) to someone else. Alienation is when landowners grant certain rights of their land to another person. The voluntary transfer of property and possession of the land or tenements from one party to another.
A maintenance given by a husband to his divorced wife … Amount of money decided by the family or civil court that a spouse should give the other spouse for upkeep of spouse and children, after divorce. …. Temporary or permanent financial support paid to one spouse from the other, either in one lump sum or in instalments.
Altered the cheque
Changed the contents of a cheque to defraud a financial institution; or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution.
Alternate dispute resolution
ADR refers to any means of settling disputes outside of the courtroom. Methods of solving legal disputes with the view that the interests of the parties can be preserved in settings other than the traditional judicial dispute resolution method.(without going to Court). Arbitrators and mediators have an important role in resolving disputes.
Amendment Any proposed alteration to a bill or resolution it moves through the legislative process. Amendments to a measure may be proposed by members in their assigned committees or by any member of a chamber during that chamber’s second reading or third reading consideration of the measure. Legally it refers to a change or addition to an existing law or rule.
Amicus curiae –
Amicus curiae – A lawyer appointed by the Court to help the poor litigant . Latin for “friend of the court.” Refers more specifically to persons asking for permission to intervene in a case to which they are not a party in order to present their point of view. This is common in matters of broad public interest such as civil rights cases and, in some instances, can only be done with the permission of the parties or the court.
Amnesty – A general pardon for political offences. Amnesty (from the Greek amnestia, oblivion) is an act of justice by which the supreme power in a state restores those who may have been guilty of any offence against it to the position of innocent persons. It includes more than pardon, inasmuch as it obliterates all legal remembrance of the offence.
Ancestral property = in the ordinary since property of the father that has been inherited
Recent News : Controversy has often risen as to whether a Hindu father can make a gift of the ancestral immovable property to his daughter either at the time of her marriage or thereafter. Fortunately, this controversy has been ended by Supreme Court’s recent judgment in the case of R. Kuppayee & another v. Raja Gounder (2004) 265 ITR 551 (S.C.), wherein the Court held that a Hindu father can make a gift of ancestral immovable property within reasonable limits keeping in view the total extent of the property held by the Hindu undivided family (HUF), in favour of his daughter at the time of her marriage or even much after her marriage. As this judgment is of great importance for the Hindus in particular and the other taxpayers in general, the facts and the judgment in this case are briefly discussed below to completely clarify the situation.
Annexure = attached or added to a document or contract.
Annual basis = Every year.
A series of equal amounts to be received or paid at the end of equal time intervals….. …or income from capital investment paid in a series of regular payments.
To put an earlier date on a document. .. To date back retroactively. To date a document to a time before it was written. (Wills etc)
Anton Piller order
Anton Piller order = an order by a court in a civil case allowing a party to inspect and remove a defendants documents, especially when it is apprehended that the defendant might destroy the evidence. It is a court order which provides for the right to search premises without prior warning. This is used in order to prevent the destruction of incriminating evidence, particularly in cases of alleged copyright infringement.
An application made to a superior court/higher court against the decision of a lower Court. An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. In common law jurisdictions, most commonly, this means formally filing a notice of appeal with a lower court, indicating one’s intention to take the matter to the next higher court with jurisdiction over the matter, and then actually filing the appeal with the appropriate appellate court.
Appellant = person who appeals or who goes to a higher court to ask it to change a decision of a lower court. The party who initiates or takes the appeal of a case from one court to another. One of the parties to a case. The appellant is called this because he or she is appealing an action or a decision. The other parties might be called the respondent, or might be an administrative agency.
Apportion = to share out property, rights or liabilities. To divide and assign according to a definite rule. The division is not necessarily equal but is fair according to the respective interests of the parties involved.
Apprentice = A person, usually a minor, attached to a master under a contract of apprenticeship, to serve and learn from the master the trade, business or art. A learner of a craft; one who is bound by legal agreement to serve an employer in the exercise of some handicraft, art, trade, or profession, for a certain number of years, with a view to learn its details and duties, in which the employer is reciprocally bound to instruct him.
Appropriate government = Under the Industrial Disputes Act, (a) appropriate government means- (i) in relation to any industrial disputes concerning 3[* * *] any industry carried on by or under the authority of the Central Government, 4[ *** ]or by a railway company 5[or concerning any such controlled industry as may be specified in this behalf by the Central Government] 6[* * *] or in relation to an industrial dispute concerning 7[8 [9[10[a Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or the 11[the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956], or the Employees. State Insurance Corporation established under section 3 of the Employees. State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under section 5A and Section 5B, respectively, of the Employees. Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), 12[***], or the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 13[the Oil and Natural Gas Corporation Limited registered under the Companies Act. 19561, or the Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporations Act. 1961 (47 of 1961), or the Central Warehousing Corporation established under section 3 of the Warehousing Corporation Act, 1962 (58 of 1962), or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3, or a Board of Management established for two or more contiguous States under section 16 of the Food Corporation Act, 1964 (37 of 1964), or 14[the Airports Authority of India constituted under section 3 of the Airports Authority of India Act, 1994], or a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Corporation of India Limited, 15[the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987)], or the Banking Service Commission established under section3 of the Banking Service Commission Act, 1975 or 16[17[an air transport service, or a banking or an insurance company], a mine, an oil-field.] 18[a Cantonment Board,] or a major port, the Central Government, and] (ii) in relation to any other industrial dispute, the State Government;
Appurtenances = land or buildings attached to or belonging to a property. Rights which pass with the title to the land itself. These rights may affect other lands; eg, an appropriate access easement over adjoining land.
Arbitral tribunal = A sole arbitrator or a panel of arbitrators.
An arbitral tribunal (or arbitration tribunal) is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include either a chairman or an umpire. The parties to a dispute are usually free to agree the number and composition of the arbitral tribunal. In some legal systems, an arbitration clause which provides for two (or any other even number) of arbitrators is understood to imply that the appointed arbitrators will select an additional arbitrator as a chairman of the tribunal, to avoid deadlock arising. Different legal systems differ as to how many arbitrators should constitute the tribunal if there is no agreement… wikipedia
Arbitrary = Something which depends on will or pleasure, something which is based on mere opinion or pleasure, therefore whimsical and unreliable….. based on or subject to individual discretion or preference or sometimes impulse or caprice; “an arbitrary decision”
Arbitration = settling a dispute by an outside person instead of going to court. Arbitration, in the context of law, is a form of alternative dispute resolution specifically, a legal alternative to litigation.whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) ) for resolution. When litigants, by agreement, submit their dispute to an impartial person who is not a judge. That person, the arbitrator, hears testimony and evidence to reach a decision based upon the evidence and the law. The decision is usually binding on the parties. The litigants usually pay a flat fee, hourly charge or daily charge to the arbitrator. The arbitral tribunal will consider the questions over which the parties are in conflict and will arrive at a decision. This decision is known as an ‘award’.
What kind of matters cannot be referred for arbitration?
As per general practice, matters involving moral questions or questions of public law cannot be resolved by arbitration. For instance, the following matters are not referred to arbitration:
Matrimonial matters, like divorce or maintenance;
Insolvency matters, like declaring a person as an insolvent;
Dissolution or winding up of a company.
Arbitrator = third party chosen by both sides to try to settle a dispute between them. The neutral decision maker(s) in an arbitration. The person who decides disputes between parties. The arbitrator is typically appointed by the parties who rank lists of prospective arbitrators prepared by the arbitration forum. In some cases there is only one arbitrator; in others there is a panel of three.
Arrest warrant –
A warrant signed by a magistrate giving the police power to arrest a person for a crime. An order made on behalf of the state, based on a complaint, and signed by a judge authorizing police to arrest a person thought to have committed a crime. A person arrested on a warrant stays in jail until bail is posted or until released by order of the court.
Offence of setting fire to a building or a house. Arson is the crime of setting a fire with intent to cause damage. The common law definition of arson originally contained four elements; the crime required the malicious act of burning the dwelling of another person. Although arson fires are referred to as incendiary, not all incendiary fires are considered arson, the difference being malicious intent.
Articles of association
Articles of association = The certificates filed in accordance with the law by people who want to become a corporation, which sets up the rules and conditions upon which the association or corporation is founded. These are the guidelines that explain the internal organization of the company. They are filed along with the memorandum of association when registering a company.
Artificial person = a body which is a person is the eyes of law e.g. a company. A person created and recognized by law as having legal rights, an example being corporation/company. Within a legal context, such a person should be distinguished from natural person but rather means that the law recognizes them and allows them to act as natural persons for some purposes–most commonly lawsuits, property ownership, and contracts.
Artistic work = Works of painting, drawing, sculpture and artistic craftsmanship and architectural works of art and engravings and photographs.
Hurting another with force and violence. The wilful attempt to harm someone. At common law, assault is the tort of acting with the intention of causing harmful or offensive contact with another person, or imminent apprehension of such contact, which results in that other person being in put in a state of apprehension
To give or transfer a right, thing or debt to someone. Transfer of ownership from one party to another. Ownership can be in a number of forms including tangible property. For the Club’s purposes, to assign means any transfer of: property, stock, shares, rights, contracts, goods, goods, certificates, marketable securities of all kinds, options, claims of all kinds, torts, anything item having obligations of monetary and non-monetary nature, mortgage, liens, creditor notes et cetera.
The transfer of interest in any thing to by one person to another. An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. In both instances, it encompasses the transfer of rights held by one party – the assignor – to another party – the assignee. The legal nature of the assignment determines some additional rights and liabilities that accompany the act.
To make an effort to do something. In Law it is the crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended.
Attestation = The act of witnessing the signature of a legal document and putting down the name of the witness. The act of witnessing a person’s signing of a written instrument. Some states require that a deed be witnessed by at least two witnesses one of whom may need to be an official witness such as a notary. Without the attestation the deed is void in those states that have this requirement.
Authentication = The identification of a message in a physical, electronic or other manner which permits the receiver to determine that the message comes from the source indicated. Note: This authentication does not necessarily indicate that the message has not been deliberately or inadvertently tampered with, the message as received is authorised (i.e. the message received is the message authorised to be sent) that the person sending the instruction/ message is authorised to do so. To make it short ..it is the process of determining whether someone or something is, in fact, who or what it claim to be.
Bail = the release of an arrested person on certain terms and conditions. For example, the person who is arrested could be required to pay a certain sum of money or be required to present himself at the police station every evening. Bail is the legal system that allows an accused person to be temporarily released from custody (usually on condition that a sum of money guarantees their appearance at trial); he is out on bail
Admitting of bail; Eligible for Bail (Also see “bailable and non-bailable ) offences”
Bailable and Non – Bailable offences
Bailable and Non – Bailable offences = an offense in which you can get bail as a matter of right is called a bailable offence. A non-bailable offense is one where you are not automatically entitled to bail, but where the court has the discretion to give bail.
Bank = A financial institution that participates or engages in funds transfers for itself or for other parties. It is a depository financial institution: a financial institution that accepts deposits and channels the money into lending activities. In the context of RBI Guidelines, it means a banking company as defined in Section 5 of the Banking Regulation Act, 1949 and, includes the State Bank of India, constituted by the State Bank of India Act, 1955, a subsidiary bank constituted under the State Bank of India (Subsidiary Banks) Act, 1959, a corresponding new bank constituted under the Banking Companies, Acquisition & Transfer of Undertakings) Act, 1980, a co-operative bank as defined in Section 56 of Part V of the Banking Regulation Act, 1949 and such other banks as may be specified from time to time.
Bankrupt = An insolvent person whose property is administered for and distributed among his creditors in accordance with bankruptcy laws. ….Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay their creditors. A declared state of bankruptcy can be requested or initiated by the bankrupt individual or organization, or it can be requested by creditors in an effort to recoup a portion of what they are owed. However, in the overwhelming majority of cases, the bankruptcy is initiated by the “bankrupt” individual or organization.
Basic structure = this refers to the basic features of our Constitution which cannot be amended by Parliament. These include, for example, the Right to Equality, the Right to Life.
Beneficiary = The person designated as such, and to whose account the payment is directed to be made, in a payment order. One who receives or is designated to receive assets from a will, insurance policy, trust, retirement plan, etc.
The branch of the bank identified in a payment order in which the account of the beneficiary is to be credited.
Bestiality = sex with animals, which is an offense in Indian law. Sexual relationships between a human and a nonhuman animal. Also called zoophilia. Biology: The science that studies life processes of organisms. Included here would be physiology, anatomy, endocrinology, and primatology. Bisexual: A person who is relatively equally sexually attracted to the same and opposite genders, Body-Centered Sexuality: Sexual introduction focused upon the body of the partner rather than the personality of the partner.
Bigamy = a married person marrying another without the first marriage being annulled or the first spouse dying.- Having two spouses at the same time – The offense of marrying someone while you have a living spouse from whom no valid divorce has occurred.
Board of directors
Board of directors – refers to a body of people who manage a Company and form it’s policies. The group of people, elected by the shareholders of a company, who make major decisions regarding the conduct of the company’s business. Directors have a duty to shareholders to manage the affairs of the business in a prudent manner. Control of the board of directors is often a key issue in private venture investing.
Board of trustees
Board of trustees = refers to a body of people who hold and manage property for the benefit of others. An appointed or elected body overseeing the management of an organization and rendering advice on issues and are legally responsible for their decisions.
Breach = A violation of law, or a promise or of a contract.
Breach of condition
Breach of condition = violating a term of a contract or agreement.
Breach of contract
Breach of contract = refusal or failure of one party to a contract to carry out his obligations under the contract.
Breach of essential condition
Breach of essential condition = see “breach of condition”.
Byelaws = Rules made by an authority such as a municipality which are binding on all persons within its area.
Capital punishment = death sentence.
Cause of action
Cause of action = a thing that allows someone to approach the court and get a legal remedy.
Caveat emptor = “let the buyer beware”.
Certificate of incorporation
Certificate of incorporation = a certificate issued by the Registrar of Companies after the registration of a company. This certificate shows that the company is legally established.
A form on which the officer in charge of a police station enters the accusations or charges against persons taken in custody, whether arrested with or without a warrant.
Charitable purpose = an objective or goal which is beneficial to the community or to a section of the community. For example, the advancement of education, the protection of health.
Charitable trust = a trust established for a charitable purpose for the benefit of a class of people or the general public.
Chartered companies = companies formed before India ‘s Independence by the passing of a Royal Charter by the British monarch.
Cognisable = see cognizable offences.
Cognizable offences = a crime for which the police is empowered to arrest without a warrant.
Cohabits = to live together under the same roof.
Company = an association of a number of individuals which is registered under the Companies Act.
Company secretary = a person who is admitted as a member to the Association of Company Secretaries of India after an examination and is qualified to render certain services under the Companies Act
Compensation = money payable for causing loss to another.
Complaint = an allegation made in writing.
Compoundable offence = sometimes, a complaint against someone can be withdrawn after it has been made. This is to allow the persons to reach a compromise. An example is the offence of cruelty
Confessions made to a police officer
Confessions made to a police officer = a statement made by an accused to a policeman admitting his guilt. This statement is not admissible as evidence in a court of law.
Consideration = An exchange for something done, or not done. i.e Consideration is the payment made by one party to the other party in a contract, either in cash or kind which is accepted by the other party.
Constitutional rights = all rights given to people under the Constitution
Constructive desertion = Where one spouse, through his/her conduct compels the other to leave him/her and live separately