A plain-language glossary of commonly used Indian legal terms beginning with the letters B and C. Definitions are intended as general legal information and include current statutory references where relevant.
What is Bankruptcy?
Bankruptcy is a formal legal process dealing with an individual debtor who is unable to meet qualifying debts, under the law applicable to that debtor. In India, the Insolvency and Bankruptcy Code, 2016 contains the framework for insolvency and bankruptcy of individuals and partnership firms; presently, the notified IBC framework specifically operates for personal guarantors to corporate debtors. Bankruptcy can involve administration and distribution of the bankrupt's estate in accordance with the applicable law.
What is the Bar?
"The Bar" is a collective expression for advocates or the legal profession, particularly advocates entitled to practise before courts and tribunals.
What is a Bench?
A bench is the judge or group of judges constituted to hear and decide a case. A matter may be heard by a single judge or by a bench of two or more judges depending on the court, applicable rules and nature of the case. In the Supreme Court, a case involving a substantial question of law as to the interpretation of the Constitution is heard by at least five judges. As a rule of judicial discipline, a smaller bench follows a binding decision of a larger bench.
What does Bequeath mean?
To bequeath means to give property by a will so that the property passes according to the testamentary disposition after the testator's death, subject to the applicable succession law.
What is Bona Vacantia?
Bona vacantia means property without a rightful owner. In India, Article 296 of the Constitution provides that property accruing by escheat, lapse or as bona vacantia ordinarily vests in the State where the property is situated, and in other cases in the Union, subject to the constitutional proviso and applicable law.
What is a Brief?
A brief is the set of case papers, pleadings, documents, authorities, notes and instructions prepared or assembled for an advocate's use in advising, drafting or appearing in a matter. The precise contents depend on the nature and stage of the proceeding.
What is a Cause List?
A cause list is the list published by a court or its registry showing matters fixed for hearing. It commonly identifies the case, bench or court, serial position and other listing details. Courts may issue daily, advance, supplementary, weekly or other cause lists.
What is a Cause Title?
The cause title is the heading of a case or proceeding. It normally states the court, case number, names and description of the parties, and their procedural status, such as petitioner, appellant, respondent or defendant.
What is a Caveat?
A caveat is a formal request to a court that the caveator be heard before an order is passed on an expected or pending application. In civil proceedings, Section 148A of the Code of Civil Procedure, 1908 provides the statutory right to lodge a caveat where the conditions of that section are met.
Who is a Caveator?
A caveator is the person who lodges a caveat claiming a right to appear before the court on the hearing of the relevant application.
What is a Challan?
In criminal-court usage,
"challan" commonly refers to the police report or charge-sheet forwarded to the Magistrate after completion of investigation. Under the BNSS, the police report on completion of investigation is governed by Section 193. The corresponding provision under the former Code of Criminal Procedure, 1973 was Section 173.
What does Civil mean in law?
"Civil" generally describes legal rights, duties and remedies that are not criminal in nature. Civil proceedings can include disputes concerning property, contracts, family rights, succession, recovery of money, injunctions and other private or public-law remedies, depending on the forum and statute.
What is a Class Action?
A class action is a representative proceeding in which one or more persons pursue claims or relief on behalf of a defined group having common or substantially similar legal interests, where the governing law permits such a proceeding. The requirements and remedies depend on the particular statute and forum.
What is a Cognizable Offence?
A cognizable offence is an offence for which a police officer may arrest without warrant in accordance with law. The BNSS uses this classification for criminal procedure, including powers relating to investigation and arrest.
What is a Commission?
In procedural law, a commission is an authority issued by a court to a commissioner for a specified purpose, such as examining a witness, conducting a local investigation, examining accounts, making a partition or performing another task permitted by law. The commissioner's authority is limited by the court's order and the applicable procedural rules.
What is Contempt of Court?
Under the Contempt of Courts Act, 1971, contempt of court includes civil contempt and criminal contempt. Civil contempt includes wilful disobedience of a judgment, decree, direction, order, writ or other court process, or wilful breach of an undertaking given to a court. Criminal contempt includes specified publications or acts that scandalise or tend to scandalise a court, prejudice or interfere with judicial proceedings, or otherwise obstruct the administration of justice. The Supreme Court and High Courts also exercise constitutional contempt powers under Articles 129 and 215 respectively.
What are Costs in legal proceedings?
Costs are amounts that a court or tribunal may order one party to pay in connection with litigation. They can include court-related expenses and other amounts allowed by the governing law or rules. An award of costs is subject to the court's discretion and the applicable procedural or statutory provisions.
What are Court Fees?
Court fees are statutory fees payable for filing specified suits, petitions, appeals, applications or documents. The amount, method of payment, exemptions and consequences of deficiency depend on the Court-fees Act or applicable State legislation, court rules and other governing law. Eligible persons may also receive legal-services assistance or fee-related relief where the law permits.
Who is a Court Master?
A Court Master is a court officer who assists the judge or bench in the conduct and administration of court proceedings. Duties vary by court and may include calling cases, maintaining the record of proceedings and coordinating courtroom procedure.
What does Criminal mean in law?
"Criminal" describes proceedings concerning offences against law for which a person may be prosecuted and, if found guilty, subjected to a punishment or other consequence prescribed by law.
