Gauhati High Court JAA key terms

A written statement of facts sworn or affirmed before a person authorised to administer oaths, such as a notary or magistrate. It is used as evidence in legal and administrative proceedings.

The person who makes and signs an affidavit, swearing or affirming that the statements in it are true to their knowledge. The deponent's name appears at the head of the document.

A legal officer appointed to witness signatures, administer oaths, and certify documents. In India notaries are appointed under the Notaries Act, 1952, and their seal authenticates affidavits and certified copies.

The act of witnessing the signing of a document and adding one's own signature as proof of authenticity. Attestation differs from notarisation in that it need not involve an oath.

A document by which a litigant authorises an advocate to appear and act on their behalf before a court. It is signed by the client and the advocate and filed with the court.

A written instrument granting one person authority to act for another in legal or financial matters. A general power covers broad acts; a special power is limited to specified acts.

A notice filed in court by a person asking to be heard before any order is passed in a matter affecting them. It prevents ex parte orders being passed without giving that person an opportunity.

A proceeding or order made in the absence of one party, usually because that party was not served or did not appear. Such orders may later be set aside on application.

A formal document issued by a court directing a person to appear before it on a stated date, either as a party or as a witness. Non-compliance can lead to penalties.

A writ commanding a person to attend court at a specified time and place, often also requiring production of documents. Disobedience amounts to contempt of court.

A written authority issued by a court or magistrate empowering an officer to make an arrest, conduct a search, or execute an order. It must state the purpose and the person authorised.

An interim order passed during the pendency of a case that decides a procedural or temporary matter rather than the final rights of the parties. It is generally appealable only in limited circumstances.

The formal expression of an adjudication that conclusively determines the rights of the parties in a suit. It is drawn up by the court after judgment and is executable.

The reasoned decision of a court stating the findings on issues and the relief granted or refused. The decree is the operative part that follows the judgment.

A writ issued by a higher court to quash an order already passed by an inferior court or tribunal acting without or beyond jurisdiction. It is one of the prerogative writs under Article 226.

A writ commanding a public authority or inferior court to perform a public duty that it has refused or failed to perform. It cannot be issued against a private individual.

A writ requiring a person detaining another to produce the detained person before the court and justify the detention. It protects personal liberty against unlawful custody.

A writ calling upon a person holding a public office to show under what authority they hold it. It is used to challenge an unlawful appointment to a public post.

The legal right of a person to bring an action or be heard in a court because they are affected by the matter. Absence of locus standi can lead to dismissal at the threshold.

Litigation filed to protect the interests of the public, particularly the poor or disadvantaged, where the petitioner need not show personal injury. It is a feature of Indian constitutional jurisprudence.

The doctrine that courts should follow earlier decisions of higher courts on the same point of law. It gives certainty and consistency to the legal system.

The essential legal reasoning or principle on which a court's decision rests. Only the ratio binds lower courts as precedent, not every observation in the judgment.

A remark or opinion expressed by a judge that is not necessary for the decision of the case. Such observations are persuasive but not binding as precedent.

A Latin phrase meaning without a fixed day. An adjournment sine die postpones a matter indefinitely, with no date set for the next hearing.

The postponement of a hearing or proceeding to a later date. Courts may adjourn on their own motion or on request, sometimes with costs.

A Latin expression meaning on one's own motion. A court acts suo motu when it initiates action without a petition or application from any party.

A phrase describing a law or action that applies retrospectively to events occurring before it came into force. In criminal law, such laws are barred by Article 20(1) of the Constitution.

Disobedience of or disrespect towards a court's authority, punishable under the Contempt of Courts Act, 1971. It may be civil or criminal in nature.

An advocate entitled to file and appear in the Supreme Court after clearing the prescribed examination and training. The role ensures procedural discipline in Supreme Court filings.

The official journal of a government in which notifications, appointments, rules, and statutory instruments are published. Publication in the Gazette gives official legal notice and effect.

An official written announcement issued by a government department or authority, often published in the Gazette, informing the public of rules, appointments, or decisions.

An administrative instruction issued by a superior authority to subordinate offices for guidance on procedure or policy. Circulars are internal and generally not enforceable as law.

A concise written record or communication used within an office to convey instructions, decisions, or information. It differs from a formal letter in being brief and internal.

The compiled collection of papers and correspondence relating to a particular matter, maintained in a prescribed order with notes and orders recorded on the file.

Incoming and outgoing correspondence received by an office. Dak is diarised, sorted, and put up to the appropriate officer for disposal.

The process of entering the details of received correspondence in a register with a serial number and date, so that its movement and disposal can be tracked.

A register in which outgoing letters and papers are recorded with their serial number, date, addressee, and subject before they are sent out.

A charge levied for the detention of a vehicle, vessel, or container beyond the permitted free time. In government offices it is incurred when goods are not cleared in time.

An independent examination of accounts and records to verify accuracy, compliance, and propriety. Government audit is conducted under the Comptroller and Auditor General of India.

The constitutional officer under Article 148 who audits the accounts of the Union and States and reports to Parliament and legislatures. The office is independent of the executive.