Ab initio
A Latin expression meaning "from the beginning" or "from the outset." If an act, order or transaction is described as void ab initio, the expression generally conveys that the defect existed from the very beginning.
Indian Law Glossary | A
Legal Terms Beginning With A and Their Meanings
A plain-language glossary of common legal expressions used in Indian courts, pleadings, agreements and legal practice. Definitions are introductory and should be read with the statute, rules and case law applicable to the particular proceeding.
Current-law note: For general criminal procedure and evidence, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA) came into force on 1 July 2024. The earlier Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872 can still remain relevant to proceedings or situations preserved by applicable savings and transition provisions.
A: Common Legal Terms Explained
Admission
In court procedure, "admission" can refer to the preliminary stage at which a court considers whether a petition, appeal or other proceeding should be entertained and taken forward. The precise procedure differs by court and type of case. A matter may be dismissed at the threshold, notice may be issued, or it may proceed for further hearing under the applicable law and court rules.
Adversarial procedure
A method of adjudication in which opposing parties present their respective cases before an independent court or tribunal, which decides the dispute under the applicable law and rules of evidence and procedure. In India, civil proceedings are principally governed by the Code of Civil Procedure, 1908, while the current general criminal-procedure and evidence statutes are the BNSS, 2023 and BSA, 2023.
The CrPC, 1973 and Indian Evidence Act, 1872 may continue to matter where transitional or saving provisions apply.
Advocate
An advocate is a legal practitioner whose name is entered on a State roll under the Advocates Act, 1961. Subject to that Act, the Bar Council of India Rules and applicable court rules, advocates are the recognised class of persons entitled to practise law. Disciplinary proceedings for alleged professional misconduct ordinarily commence before the relevant State Bar Council under the statutory framework, with further remedies provided by the Act.
Advocate-on-Record (AOR)
An Advocate-on-Record is an advocate who satisfies the eligibility, training and examination requirements prescribed for acting and filing before the Supreme Court of India. Under the Supreme Court Rules, an AOR has the specialised procedural responsibility for filings and representation on record in Supreme Court matters.
Advocate's fees
There is no single standard fee for all legal services. Professional fees can vary according to the advocate, nature and complexity of the matter, drafting or conference work, court appearances, location and other relevant circumstances. Legal-aid representation is governed by the applicable legal-services framework and scheme conditions. Clients should request clarity about the scope of work, professional fee and out-of-pocket expenses.
Affidavit
An affidavit is a written statement of facts made by a deponent and sworn or affirmed in the manner required by law or the rules of the court or authority before which it is used. Affidavits commonly support petitions, applications and replies. Depending on the proceeding, a respondent's affidavit may be called a counter-affidavit and a subsequent response may be called a rejoinder. The form of verification and attestation must comply with the applicable procedural rules.
Alimony
Alimony is financial support that one spouse may be ordered or agreed to pay to the other in connection with matrimonial proceedings, separation or divorce. Depending on the governing law and facts, maintenance may be interim, periodic or permanent, and entitlement is not accurately described as being limited only to payment by a husband to a wife.
Amicus curiae
Latin for "friend of the court." An amicus curiae is a person, commonly an advocate, appointed or permitted to assist a court by presenting legal submissions, relevant material or an independent perspective where such assistance would help the administration of justice.
Appeal
An appeal is a statutory proceeding through which a party asks a higher court or tribunal to examine a decision of a lower judicial or quasi-judicial forum. A right of appeal, the permissible grounds, limitation period and scope of review depend on the law governing the particular matter.
Arbitration
Arbitration is an alternative dispute-resolution process in which parties submit disputes covered by an arbitration agreement to one or more arbitrators for determination instead of obtaining a first-instance decision through ordinary court litigation. In India, arbitration is principally governed by the Arbitration and Conciliation Act, 1996, as amended.
Attestation
Attestation generally means witnessing the execution or signature of a document and certifying that fact. The number, qualification and role of attesting witnesses-and whether notarisation or another form of authentication is also required-depend on the nature of the document and the law governing it.
Audi alteram partem
A foundational principle of natural justice meaning "hear the other side." It ordinarily requires that a person who may be adversely affected by a decision receive a fair opportunity to know and answer the case against them before the decision is made, subject to the governing law and recognised exceptions.