CS Executive JIGL key terms

The legal principle or rule of law on which a court's decision is actually based, and which binds lower courts in later cases with similar material facts.

Remarks made by a judge that are not essential to the decision. They carry persuasive weight only and do not bind subordinate courts as precedent.

A previously decided case that furnishes a rule for deciding a later case involving similar facts, forming the backbone of the common law system.

The doctrine that courts should stand by decided matters and follow earlier rulings of superior courts in the same hierarchy to ensure certainty and consistency.

A pre-constitutional law inconsistent with fundamental rights becomes dormant rather than dead; it revives if the constitutional restriction is later removed by amendment.

The principle that Parliament cannot amend the Constitution so as to destroy its essential features, such as judicial review, federalism, and free and fair elections.

A formal application to a High Court under Article 226 or the Supreme Court under Article 32 seeking enforcement of fundamental rights through prerogative writs.

A writ commanding the production of a detained person before the court so that the legality of the detention may be examined and, if unlawful, ended.

A writ issued by a superior court quashing a decision of an inferior court or tribunal that has acted without jurisdiction or in excess of it.

A writ directing a public authority or person to perform a public duty that it has refused or failed to perform, where no other adequate remedy exists.

A writ issued to an inferior court or tribunal to prevent it from exceeding or abusing its jurisdiction while proceedings are still pending before it.

Unwritten principles of fair procedure, chiefly the right to a hearing and the rule against bias, which administrative decisions affecting rights must respect.

The rule that no person should be condemned unheard; a party affected by a decision must be given notice and a fair opportunity to present its case.

An administrative act requiring the authority to ascertain facts, apply legal standards, and act judicially, thereby attracting the rules of natural justice.

Rules, regulations, or bye-laws made by an executive or subordinate body under authority conferred by a statute of the legislature.

An act done beyond the powers conferred by law or by the constitutive document; such an act is void and cannot be ratified by the body itself.

A rule permitting a court to depart from the literal meaning of words to avoid absurdity or repugnance, but only to the extent necessary to reach a sensible result.

A rule of construction that examines the defect or mischief the statute was intended to remedy, so that the interpretation suppresses the mischief and advances the remedy.

The principle that words of a statute are given their ordinary, natural meaning, even if the result appears harsh, provided the language is clear and unambiguous.

A rule that statutes dealing with the same subject matter may be read together and construed consistently, so that identical words carry the same meaning.

The point at which an Act comes into force, either on the date of assent or on a date appointed by notification under the General Clauses Act.

The abrogation of a statute by a later enactment or notification, after which the repealed law ceases to exist unless saved by a repealing and saving clause.

Application of a law to transactions or events occurring before its enactment; statutes are ordinarily prospective unless the legislature clearly intends otherwise.

The bar on re-litigating a matter finally decided between the same parties by a competent court, protecting the finality of judgments and preventing multiplicity of suits.

The statutorily prescribed time within which a suit, appeal, or application must be filed, after which the remedy is barred even though the right subsists.

The bundle of essential facts that gives a person the right to sue and which must exist at the time the suit is instituted.

Facts so connected with the fact in issue that they form part of the same transaction, and are therefore admissible as relevant evidence under the Evidence Act.

A statement made out of court and offered to prove the truth of its contents; generally inadmissible unless it falls within a recognised exception.

The obligation on a party to establish a fact by evidence; it may shift during trial depending on presumptions and the state of the evidence.

Something of value given in return for a promise, which must be lawful and may be past, present, or future, and which is essential to a valid contract.

Consent not caused by coercion, undue influence, fraud, misrepresentation, or mistake; absence of free consent makes the contract voidable at the aggrieved party's option.

The rule that only parties to a contract may enforce it or be bound by it, subject to recognised exceptions such as trusts, agency, and family arrangements.

Outsiders dealing with a company in good faith may assume that internal procedures have been complied with, protecting them against irregularities of which they had no notice.

Disregarding a company's separate legal personality to hold its members or directors liable, typically where the corporate form is used for fraud or evasion of law.

A document promising or ordering payment of money that is freely transferable by delivery or endorsement, and which confers a good title on a holder in due course.

A person who takes a negotiable instrument for value, in good faith, and before maturity, thereby obtaining a title free from defects in prior parties' titles.

A bill of exchange drawn on a specified banker and payable on demand, including the electronic image of a truncated cheque and a cheque in electronic form.

Liability imposed on one person for the wrongful acts of another, most commonly an employer for torts committed by an employee in the course of employment.

Liability without proof of fault for harm caused by dangerous substances or activities escaping from land, subject to recognised exceptions such as act of God.

Breach of a legal duty of care owed to another, resulting in damage that is not too remote, judged by the standard of a reasonable person.

A trade practice adopting a deceptive method or unfair manner of selling goods or services, such as false representation or misleading advertisement, actionable under consumer law.

Any shortcoming, inadequacy, or imperfection in the quality, nature, or manner of performance of a service that a consumer is entitled to receive.

A person who buys goods or hires services for consideration for personal use, including a beneficiary of such goods or services, but excluding commercial purpose purchases.

Conduct by an enterprise holding a position of strength in a relevant market that operates to the disadvantage of competitors or consumers, prohibited under competition law.

An agreement that causes or is likely to cause an appreciable adverse effect on competition in India, including price-fixing, bid-rigging, and market-sharing arrangements.

The market determined by reference to the relevant product market and relevant geographic market, used to assess dominance and competitive effects.

Authentication of an electronic record by a subscriber using a private key and asymmetric cryptosystem, verified by the corresponding public key through a certifying authority.

Data, record, or data generated, sent, received, or stored by electronic means, which the Information Technology Act treats as capable of legal recognition.

A person licensed to issue electronic signature certificates under the Information Technology Act, thereby verifying the identity of subscribers to electronic transactions.

A transaction in which property is transferred to one person but the consideration is paid by another who enjoys its benefits, subject to statutory exceptions and penal consequences.

Foreign currency, deposits, credits, and securities denominated in foreign currency, dealings in which are regulated by the Foreign Exchange Management Act, 1999.

The process of concealing the origin of proceeds of crime by layering and integrating them into the legitimate economy, an offence under the Prevention of Money Laundering Act.