Legal Glossary & Latin Maxims

A matter judged / already adjudicated • Hindi: पूर्व-न्याय / प्रांग्न्याय (Section 11, CPC)

A fundamental doctrine prohibiting courts from trying any suit or issue in which the matter directly and substantially in issue has been heard and finally decided by a competent court between the same parties.

Application: Prevents vexatious double litigation and provides finality to judicial pronouncements. Applies across civil suits, writ petitions (Daryao v. State of UP), and arbitral awards.

Hear the other side / no one should be condemned unheard • Hindi: प्राकृतिक न्याय का सिद्धांत — दूसरे पक्ष को सुनो

A primary rule of Natural Justice requiring that every party to an administrative, quasi-judicial, or judicial proceeding must be given adequate notice and reasonable opportunity to present their defence.

Application: Any order affecting civil rights, cancellation of license, imposition of disciplinary penalty, or government blacklisting passed without giving show-cause notice is null and void ab initio.

Guilty mind / criminal intention • Hindi: आपराधिक मनःस्थिति / दुराशय

The mental element of intention, knowledge, recklessness, or malice required to constitute a crime along with actus reus (the guilty physical act).

Application: Unless a penal statute specifically creates strict liability (e.g. food adulteration, motor vehicle infractions), actus reus alone does not establish criminal culpability.

To stand by things decided / doctrine of precedent • Hindi: निर्णयानुसरण का सिद्धांत (Article 141)

The common law doctrine that courts adhere to precedent and not unsettle established points of law. The law declared by the Supreme Court of India is binding on all subordinate courts across India.

Application: High Courts and District Courts must follow Supreme Court rulings. A coordinate bench of equal strength cannot overrule a prior bench ruling without referring to a larger bench.

That you have the body / produce the person • Hindi: बन्दी प्रत्यक्षीकरण रिट (Article 32 & 226)

A prerogative constitutional writ issued by Supreme Court or High Courts commanding a public or private custodian to produce an individual illegally detained before the court to examine legality of detention.

Application: Primary remedy against unlawful police custody, preventive detention without grounds, illegal confinement, and missing persons suspected in police custody.

Damage without legal injury • Hindi: बिना कानूनी क्षति के हानि (दांडिक/दीवानी दायित्व नहीं)

Actual substantial loss, damage, or harm suffered by a plaintiff without any violation of a recognized legal right. In such circumstances, no cause of action lies.

Application: Setting up a rival coaching institute or business near an existing establishment causes commercial financial loss, but because fair competition violates no legal right, no damages can be claimed.

Violation of a legal right without actual damage • Hindi: बिना आर्थिक हानि के विधिक अधिकार का उल्लंघन

The infringement of an absolute private legal right of the plaintiff which is actionable per se, even if the plaintiff suffered no pecuniary or physical loss.

Application: Depriving a qualified elector of their right to vote at an election is actionable in tort even if the candidate they intended to vote for won the election anyway.

Under judicial consideration / before a judge • Hindi: न्यायाधीन / विचाराधीन मामला

A legal matter or controversy currently under trial or consideration by a court of law, restricting public statements or media trials that could prejudice a fair hearing.

Application: Precludes parallel media trials or executive comments designed to influence judicial outcome while witness deposition or verdict is pending.

We command / statutory duty enforcement • Hindi: परमादेश रिट (लोक कर्तव्य पालन का आदेश)

A constitutional judicial writ issued by a High Court or Supreme Court compelling a public officer, statutory corporation, or lower tribunal to perform an imperative public statutory duty.

Application: Issued to command municipal authorities to issue birth certificates, public universities to declare withholding exam results, or police to register FIRs upon cognizable complaint.

To be certified / to be informed of • Hindi: उत्प्रेषण रिट (अधिकार क्षेत्र से बाहर के आदेश को रद्द करना)

A superior court writ quashing the decision of an inferior court, tribunal, or quasi-judicial authority passed in excess of jurisdiction, without jurisdiction, or with patent error of law on the face of the record.

Application: Quashes illegal tax assessment orders passed without jurisdiction or disciplinary tribunal verdicts violating natural justice.

By what authority / warrant • Hindi: अधिकार पृच्छा रिट (सार्वजनिक पद धारण का अधिकार)

A writ questioning the lawful title of a person holding a substantive public office created by statute or Constitution, ousting them if usurping without eligibility.

Application: Challenging illegal appointment of Vice-Chancellors, Public Prosecutors, or Commission Members who do not fulfill mandatory statutory qualification criteria.

At first face / on the first look • Hindi: प्रथम दृष्ट्या मामला

Evidence that is sufficient to establish a fact or raise a presumption of law unless rebutted or disproved by evidence to the contrary.

Application: Mandatory prerequisite for obtaining temporary ad-interim injunctions in civil disputes and framing criminal charges against an accused.

Friend of the court • Hindi: न्यायालय मित्र (तटस्थ विधिक सलाहकार)

A neutral advocate or legal expert appointed by the court to assist in complex legal questions without representing either litigant party.

Application: Frequently appointed in environmental PILs, prison reform petitions, and constitutional bench hearings to provide unbiased empirical and legal research.

On its own motion / initiative • Hindi: स्वयं प्रेरणा से संज्ञान (स्वतः संज्ञान)

An act of a court taking cognizance of a legal issue or public grievance on its own volition without a formal writ petition or complaint being filed by an aggrieved party.

Application: Taking cognizance of bridge collapses, hospital oxygen shortages during epidemics, or newspaper reports regarding custodial torture.

Beyond the powers • Hindi: अधिकारतीत / शक्ति से परे (शून्य व निष्प्रभावी)

Acts performed by a government body, corporate entity, or legislature that exceed the scope of powers granted by the parent statute or Memorandum of Association.

Application: Municipal regulations imposing unauthorized taxes or corporate contracts outside the Object Clause of the Memorandum are declared ultra vires and invalid.

Offence subject to immediate police cognizance • Hindi: संज्ञेय अपराध (बिना वारंट गिरफ्तारी की शक्ति)

An offence for which a police officer may arrest the accused without a magistrate warrant and commence investigation without prior magisterial permission.

Application: Serious crimes such as Murder (BNS 103), Rape (BNS 64), Robbery (BNS 309), and Dowry Death (BNS 80). Mandates immediate registration of FIR under Section 173 BNSS.

Document appointing a pleader / counsel • Hindi: वकालतनामा (अधिवक्ता नियुक्ति पत्र)

A written document signed by a litigant appointing and authorizing an advocate to represent, plead, compromise, deposit, or withdraw monies on their behalf in court.

Application: Mandatory filing along with plaint, written statement, or petition before any Indian court or tribunal before counsel can make appearances on record.

Bail in anticipation of arrest • Hindi: अग्रिम जमानत (गिरफ्तारी पूर्व सुरक्षा आदेश)

A direction issued by the Sessions Court or High Court directing that in the event of an arrest on accusation of having committed a non-bailable offence, the applicant shall be released on bail.

Application: Protection granted to prevent harassment, political vendetta, or malicious prosecution before formal apprehension by police.