Legal Terms Beginning with D, E, F and G
Plain-language meanings of commonly used legal words and expressions in Indian courts and legal practice. Where a term has a statutory meaning, the relevant current law is identified.
What is a Dasti Notice?
Dasti means service "by hand". In court practice, dasti service generally means that a party is permitted to take the notice or process from the court or Registry and arrange personal service on the opposite party, instead of relying only on ordinary service through the Registry. The exact procedure depends on the applicable court rules or directions.
What is a Decree?
Under Section 2(2) of the Code of Civil Procedure, 1908, a decree is the formal expression of an adjudication which, so far as the court expressing it is concerned, conclusively determines the rights of the parties regarding all or any matters in controversy in the suit. A decree may be preliminary or final. The statutory definition also specifies what is included and excluded.
Statutory reference: Code of Civil Procedure, 1908, Section 2(2).
Who is a Decree-holder?
Under Section 2(3) of the Code of Civil Procedure, 1908, a decree-holder is a person in whose favour a decree has been passed or an order capable of execution has been made.
Statutory reference: Code of Civil Procedure, 1908, Section 2(3).
What is a Docket?
In legal practice, a docket commonly refers to a case note or brief containing essential particulars and instructions for counsel, such as the cause title, court, parties, listing information, issues to be addressed and work to be performed. The expression may also be used more broadly for a court's case record or list, depending on context.
What does Dominus Litis mean?
Dominus litis is a Latin expression commonly used for the person who controls or is the principal party to litigation. In civil procedure, it is often used in discussing the plaintiff's position in choosing whom to sue, subject to the court's power to add necessary or proper parties under law.
What is Epistolary Jurisdiction?
Epistolary jurisdiction refers to the relaxation of formal procedural requirements, particularly in public interest litigation, by which constitutional courts have in appropriate cases treated letters, telegrams, postcards or similar communications as petitions seeking judicial intervention.
What is Estoppel?
Estoppel prevents a person, in circumstances recognised by law, from denying a state of affairs that the person intentionally caused or permitted another to believe and act upon. In current Indian evidence law, the general rule of estoppel is contained in Section 121 of the Bharatiya Sakshya Adhiniyam, 2023.
Current statutory reference: Bharatiya Sakshya Adhiniyam, 2023, Section 121 (in force from 1 July 2024).
What does Ex Gratia mean?
Ex gratia means a payment or benefit given voluntarily, as a matter of grace, rather than because of an admitted legal liability. Whether an ex gratia payment affects other legal claims depends on the terms of the payment, governing law and any applicable order or settlement.
What does Ex Parte mean?
Ex parte generally describes a proceeding, hearing or order made in the absence of the opposite party. An ex parte order is not necessarily final; the applicable procedural law may provide a remedy to seek recall, setting aside or variation.
What does Fait Accompli mean?
Fait accompli is a French expression meaning an accomplished fact or a thing already done, especially a situation presented as completed before another person or authority has a practical opportunity to prevent it.
What does Functus Officio mean?
Functus officio describes a court, tribunal or authority that has completed the function entrusted to it and, subject to powers expressly preserved by law such as review or correction in appropriate cases, has no further authority to reopen or alter the concluded decision. The doctrine supports finality in adjudication.
What are Grounds in a Legal Case?
Grounds are the legal and factual reasons relied upon to challenge an act, order or judgment, or to support the relief sought in a petition, appeal, application or other proceeding. Well-framed grounds identify the alleged error, legal basis and connection to the relief requested.