CS Professional - Drafting, Pleadings & Appearances key terms

A formal written statement filed by the plaintiff in a civil suit, setting out the material facts, the cause of action, and the relief claimed, which initiates the litigation.

The defendant's formal reply to the plaint, admitting, denying, or explaining the allegations, and raising preliminary objections and counterclaims, if any.

The set of facts that gives a person the right to sue, forming the legal basis for a claim; it must be stated clearly in the plaint.

A sworn written statement of facts, made under oath or affirmation before a person authorized to administer it, used as evidence in legal proceedings.

A declaration at the end of a pleading stating that the contents are true to the knowledge, information, or belief of the signatory, as applicable.

The authority of a court to hear and decide a case, determined by territorial limits, subject matter, and pecuniary value.

The geographical area within which a court has authority to adjudicate, typically based on where the defendant resides or the cause of action arises.

The monetary limit that determines which court can hear a civil suit, based on the value of the subject matter or the claim amount.

An application made during the pendency of a suit seeking temporary relief or orders, such as injunction or appointment of a receiver, not deciding the final rights.

A judicial order restraining a person from doing a specified act (prohibitory) or requiring them to do it (mandatory), often granted on an interim basis.

A person appointed by the court to take custody of and manage property or funds that are the subject of litigation, pending final disposal.

A claim brought by the defendant against the plaintiff in the same suit, seeking independent relief arising from the same or related facts.

A defence allowing the defendant to adjust a debt owed by the plaintiff against the plaintiff's claim, reducing or extinguishing the amount payable.

The initial written record of information about a cognizable offence given to the police, which sets the criminal investigation in motion.

A formal document filed by the police before a magistrate after investigation, stating the offences, the accused, and the evidence collected.

An allegation made orally or in writing to a magistrate, with a view to taking action against a person for an offence, but not including a police report.

A formal request to a court for the release of an accused person from custody, either pending trial or after conviction, on conditions set by the court.

A direction by a court that a person apprehending arrest in a non-bailable offence be released on bail if arrested, granted before arrest.

A legal instrument that transfers ownership of immovable property from one person to another, stating the parties, consideration, and property description.

A document that evidences the sale and transfer of ownership of property for a consideration, executed by the seller in favour of the buyer.

A tax imposed by the government on certain legal documents, especially property transactions, which must be paid for the document to be legally valid.

The official recording of a document with a government authority, such as the sub-registrar, to give it public notice and legal validity.

A written instrument by which one person (the principal) authorizes another (the agent) to act on their behalf in specified matters.

A contract between a seller and buyer setting out the terms and conditions for the future sale of property, often with a token advance.

A written contract by which the owner of a property grants another the right to use and occupy it for a specified period in exchange for rent.

A permission granted by an owner to another to use property for a specific purpose without creating any interest in the property.

The charter document of a company that defines its name, registered office, objects, liability, and capital, and governs its external relations.

The internal rulebook of a company regulating its management, the rights of shareholders, and the conduct of its affairs.

A formal decision adopted by the board of directors of a company at a duly convened meeting, recorded in the minutes and often required for specific actions.

A resolution passed by a company at a general meeting requiring a specified higher majority (usually three-fourths) for decisions of fundamental importance.

A resolution passed by a simple majority of members voting at a general meeting, used for routine decisions unless a special resolution is required.

The official written record of the proceedings and decisions of a meeting of a company or other body, kept as evidence of what transpired.

A formal communication to members or directors informing them of the date, time, place, and agenda of a meeting, issued within the prescribed time.

A list of items to be discussed or decided at a meeting, usually circulated with the notice to guide the conduct of the meeting.

A formal communication by a party to another asserting a legal right or claim, often a statutory prerequisite before initiating legal proceedings.

A lawyer authorized to file documents and appear before the Supreme Court of India, after passing the relevant examination and fulfilling other requirements.

A document by which a client authorizes an advocate to appear and act on their behalf in a court or tribunal, signed by the client and the advocate.

The formal act of a party or their advocate coming before a court or tribunal to participate in proceedings, either in person or through counsel.

A violation by an advocate of the code of ethics or standards of professional conduct, which may lead to disciplinary action by the Bar Council.

A situation where an advocate's personal or financial interests, or duties to another client, may improperly influence their professional judgment or loyalty.

The ethical duty of an advocate not to disclose information communicated by a client in the course of professional engagement, without consent or legal compulsion.