Thursday, September 4, 2008

Legal terminology in India

abatement: a reduction in some amount that is owed, usually granted by the person to whom the debt is owed.

abatement notice: a notice served on the owner(s) or occupier(s) of a property from which a private nuisance arises, warning them of the intention to enter on the land in order to abate the nuisance.

abduction: to take someone away from a place without that persons consent or by fraud.

abet: the act of encouraging or inciting another to do a certain thing, such as a crime.

absolute title: 1. the right of ownership of a mortgage deed, which gives the right, in certain specified circumstances, to demand repayment in full of the outstanding debt before the due date.
2. a clause in a deed or contract which provides for the early termination of an existing interest in land, in certain specified circumstances, thereby advancing the future interest.abstract of title: a chronological summary of all official records and recorded documents affecting the title to a parcel of real property.

acceleration clause: a clause in a contract that states that if a payment is missed, or some other default occurs (such as the debtor becoming insolvent), then the contract is fully due immediately.

accession: adding on. In civil law, the right to all that one's property produces, not just the property itself.

accomplice: 1. a partner in a crime. 2. a person who knowingly and voluntarily participates with another in a criminal activity.

accord and satisfaction: a term of contract law by which one party, having complied with its obligation under a contract, accepts some type of compensation from the other party (usually money and of a lesser value) in lieu of enforcing the contract and holding the other party to their obligation. This discharges the contract.

accretion: the imperceptible and gradual addition to land by natural causes, as out of a lake or river.

acknowledgement: a formal declaration before an authorised official by the person who executed an instrument that it is his free act and deed, the certificate of the official on such instrument attesting that it was so acknowledged.

acquiescence: action or inaction which binds a person legally, even though it was not intended as such.
Acquiescence also means allowing too much time to pass since the knowledge of an event, which may have allowed a person to have legal recourse against another, implying the waiver of rights to that legal recourse.

acquittal: a release, absolution or discharge of an obligation or liability. In criminal law, finding not guilty.

act: synonymous to statute, legislation or law. A bill which has passed through the various legislative steps required for it and which has become law.

act of God: an event, which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever.

action case: cause, suit or controversy disputed or contested before a court of justice.acts: a law passed by a legislative body may be called a statute or an act.

ad hoc: Latin for `this purpose' or `for a specific purpose.' addendum: an attachment to a written document.
ademption: when property identified in a will cannot be given to the beneficiary because it no longer belonged to the deceased at the time of death.

adhesion contract: a fine-print consumer form contract which is generally given to consumers at point-of-sale, with no opportunity for negotiation as to its terms, and which sets out the terms and conditions of the sale, usually to the advantage of the seller.

adjective law: also, procedural law. That body of law, which governs the process of protecting the rights under substantive law.

adjudication: giving or pronouncing a judgement or decree. Also, the judgement given.

administrative agencies: agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation and labour.

administrative decision: when an administrative agency conducts a hearing, it sometimes publishes the decision of the hearing officer, for example Human Relations Commission hearing examiner's decision.

administrative law: is that body of law, which applies for hearings before quasi- judicial or administrative tribunals. This would include, as a minimum, the principles of natural justice as embodied in audi alteram pattern and nemo judex in sua causa. Many quasi-judicial organisations or administrative tribunals supplement the rules of natural justice with their own detailed rules of procedure. Administrative law synonymous with 'natural justice'.administrative tribunal: hybrid adjudicating authorities, ' which straddle the line between government and the courts. Between routine government policy decision-making bodies and the traditional court forums lies a hybrid, sometimes called a `tribunal' or `administrative tribunal' and not necessarily presided over by judges. These operate as a government policy-making body at times but also exercise a licensing, certifying, approval or other adjudication authority, which is 'quasi-judicial' because it directly affects the legal rights of a person.
Administrative tribunals are often referred to as `Commission', `Authority' or `Board'.
administrator: a person who administers the estate of a person deceased, he is a personal representative. The administrator is appointed by a court and is the person who would then have the power to deal with the debts and assets of a person who died intestate. Female administrators are called `administratrix'.

admiralty law: also, maritime law. That body of law relating to ships, shipping, marine, commerce and navigation, transportation of persons or property by sea etc.
admissible evidence evidence that can be legally and properly introduced in a civil or criminal trial.

admission: admitting for hearing a petition of appeal/revision/review.admonish: to advise or caution. For example, the court may caution or admonish counsel for wrong practices.adultery: voluntary sexual intercourse between a married person and another person who is not their married spouse. In most countries, this is a legal ground for divorce. The person who seduces another's spouse is known as the 'adulterer'.

advance sheets: paperback pamphlets published by law book publishers weekly or monthly which contain reporter cases including correct volume number and page number. When there are sufficient cases, they are replaced by a bound volume.

adversary proceeding: one having opposing parties such as a plaintiff and a defendant.
adverse possession: gaining title to another's land by exercising the rights of ownership of that land unchallenged for a period of time. The more common word for this is 'squatters'.

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