AP High Court Office Subordinate key terms
AP High Court Office Subordinate · Get comfortable with the vocabulary.
- Prorogation
- Related: Adjournment, Ordinance
The formal termination of a session of a legislature by the head of state or presiding officer. It ends all pending business; bills not passed lapse, except those already referred to a committee or notified.
- Ordinance
- Related: Prorogation, Article 123
A temporary law promulgated by the President or a Governor when the legislature is not in session. It has the same force as an Act but must be approved by the legislature within six weeks of reassembly.
- Adjournment
- Related: Prorogation
The postponement of the sitting of a House to a later hour or day. It does not dissolve the House or end the session; pending business generally survives an adjournment.
- Article 123
- Related: Ordinance, Article 213
The constitutional provision empowering the President to promulgate ordinances during a recess of Parliament. The ordinance must be laid before both Houses and ceases to operate six weeks after Parliament reassembles unless approved.
- Article 213
- Related: Article 123, Ordinance
The constitutional provision allowing a Governor to promulgate ordinances when the State Legislature is not in session. Like a presidential ordinance, it requires legislative approval within six weeks of reassembly.
- Judicial Review
- Related: Writ, Basic Structure Doctrine
The power of courts to examine laws and executive actions for conformity with the Constitution and to declare them void if inconsistent. In India, it flows from Articles 13, 32, 226 and related provisions.
- Basic Structure Doctrine
- Related: Judicial Review, Amendment
The principle that Parliament cannot amend the Constitution in a way that destroys its essential features, such as supremacy of the Constitution, secularism, or judicial review. It was established in Kesavananda Bharati (1973).
- Amendment
- Related: Basic Structure Doctrine
A formal change to the Constitution made under Article 368. Depending on the subject, it requires a simple majority, a special majority, or a special majority plus ratification by half the States.
- Writ
- Related: Judicial Review, Habeas Corpus
A formal written order of a court directing a person or authority to act or refrain from acting. The five constitutional writs are habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
- Habeas Corpus
- Related: Writ, Mandamus
A writ requiring that a detained person be brought before a court so the legality of the detention can be examined. It protects personal liberty against arbitrary or unlawful custody.
- Mandamus
- Related: Writ, Certiorari
A writ issued by a superior court commanding a public authority or inferior court to perform a public duty that it has failed or refused to perform. It cannot be issued against a private individual.
- Certiorari
- Related: Writ, Mandamus
A writ by which a higher court quashes an order already passed by an inferior court or tribunal that acted without jurisdiction or in violation of natural justice. It is corrective in nature.
- Lok Adalat
- Related: Adjournment, Judicial Review
A people's court established under the Legal Services Authorities Act, 1987, to settle disputes by conciliation. Its award is final and binding, and no appeal lies against it.
- Affidavit
- Related: Vakalatnama, Plaint
A written statement of facts sworn or affirmed before an authorised officer, such as a notary or magistrate, and used as evidence in legal proceedings. False statements in it can attract prosecution.
- Vakalatnama
- Related: Affidavit
A document by which a party authorises an advocate to appear and act on its behalf in a court. It is signed by the party and the advocate and filed with the court.
- Plaint
- Related: Affidavit, Decree
The written statement by which a plaintiff initiates a civil suit, setting out the facts, the cause of action, and the relief claimed. It is filed in the court along with the requisite court fee.
- Decree
- Related: Plaint, Judgment
The formal expression of an adjudication that conclusively determines the rights of the parties in a civil suit. It may be preliminary or final and is enforceable by execution.
- Judgment
- Related: Decree
The statement of reasons given by a court for its decision in a case. It sets out the facts, issues, findings, and the relief granted, and forms the basis of the decree.
- Caveat
- Related: Affidavit
A notice filed by a person who expects to be affected by a proceeding, requesting that no order be passed without giving him a hearing. It remains in force for ninety days unless extended.
- In Camera
- Related: Sub Judice
A proceeding conducted in private, with the public excluded, usually to protect confidentiality or sensitive material. The court may record reasons for holding a hearing in camera.
- Sub Judice
- Related: In Camera
A matter that is currently under consideration by a court and therefore should not be publicly commented on in a way that could prejudice the proceedings. It means 'under a judge'.
- Ratio Decidendi
- Related: Obiter Dicta, Precedent
The legal principle or rule of law on which a court's decision is based. It is the binding part of a judgment and must be followed by lower courts in similar cases.
- Obiter Dicta
- Related: Ratio Decidendi, Precedent
Observations made by a judge in a judgment that are not essential to the decision. They are persuasive but not binding on lower courts.
- Precedent
- Related: Ratio Decidendi, Stare Decisis
A previous judicial decision that serves as an authority for deciding subsequent cases with similar facts. The doctrine of precedent requires lower courts to follow the ratio of higher courts.
- Stare Decisis
- Related: Precedent
The principle that courts should stand by decided cases and not disturb settled points of law. It promotes certainty and consistency in the legal system.
- Record Management
- Related: File Register, Weeding Out
The systematic control of records throughout their life cycle, from creation and receipt to disposal. It ensures efficiency, accountability, and compliance with legal and administrative requirements.
- File Register
- Related: Record Management, Docket
A register maintained in an office to record the details of files opened, such as file number, subject, and date of opening. It helps in tracking the movement and retrieval of files.
- Docket
- Related: File Register, Cause List
A list or calendar of cases or matters pending before a court, or a register of documents received in an office. It is used to schedule hearings and monitor progress.
- Cause List
- Related: Docket
A list published by a court showing the cases to be heard on a particular day, along with the court, judge, and time. It informs parties and advocates when their matters will be taken up.
- Weeding Out
- Related: Record Management, File Register
The process of identifying and removing records that are no longer required for administrative, legal, or historical purposes. It is done according to retention schedules and with proper authorisation.
- Adjournment
- Related: Cause List, Docket
The postponement of the hearing of a case to a later date by a court. It may be granted on the request of a party or by the court on its own motion.
- Affidavit
- Related: Vakalatnama, Plaint
A written statement of facts sworn or affirmed before an authorised officer, such as a notary or magistrate, and used as evidence in legal proceedings. False statements in it can attract prosecution.