Plain-language explanations of commonly used Indian legal expressions beginning with the letters H and I. The definitions are intended for general legal understanding and should be read in the context of the applicable statute, rules and judicial decisions.
High Court
Article 214 of the Constitution of India provides for a High Court for each State, subject to other constitutional provisions concerning common High Courts. A High Court is a constitutional court and a court of record under Article 215.
Its functions include original and appellate judicial work, writ jurisdiction under Article 226, superintendence over courts and tribunals within its territorial jurisdiction under Article 227, and administrative control over the subordinate judiciary in accordance with the Constitution and applicable law. Decisions of the Supreme Court declaring the law are binding on all courts in India under Article 141.
A High Court's writ jurisdiction is not accurately described merely by saying that its powers stop at the State boundary. Article 226(2) allows a High Court to exercise writ jurisdiction where the cause of action arises wholly or partly within the territories over which it exercises jurisdiction, even if the seat of the authority or Government concerned is elsewhere.
In lieu
In place of; instead of. For example, a payment may be made in lieu of another benefit where the governing law or agreement permits it.
In limine
A Latin expression meaning at the threshold or preliminary stage. A petition or appeal dismissed in limine is dismissed at the admission or threshold stage without a full hearing on all issues.
In pari delicto
A Latin expression commonly used to describe a situation where parties are equally at fault in wrongdoing. Its legal effect depends on the nature of the claim and the applicable law.
Infructuous
A petition, appeal or application may become infructuous when the factual or legal basis requiring adjudication no longer survives, or when the relief sought has already been granted or can no longer serve a practical purpose.
Inquisitorial proceedings
Proceedings in which the court, tribunal, commission or authority takes an active role in fact-finding rather than depending entirely on an adversarial contest between parties. The expression may be used descriptively in inquiries, commissions and certain public-law proceedings, but the exact procedure depends on the governing law.
Interim order
An order made during the pendency of a case before final disposal. Depending on the proceeding, an interim order may grant or refuse temporary protection, stay, injunction, custody arrangement, preservation of property or another temporary direction.
Interlocutory application
An application made while the principal case remains pending, usually seeking temporary, procedural or ancillary relief. Examples include applications for stay, amendment, exemption, condonation of delay, restoration, impleadment, modification, clarification or permission to place additional material on record.
Interpleader suit
Under Section 88 and Order XXXV of the Code of Civil Procedure, 1908, an interpleader suit enables a neutral stakeholder who claims no interest in the disputed property or money, except permitted charges or costs, and who faces rival claims from two or more persons, to ask the court to determine which claimant is entitled to it.
Intervenor
A person or body that is not originally a party but is permitted by the court to participate because its assistance, interest or the likely impact of the proceeding makes participation appropriate. The extent of participation and any right to file material or make submissions depend on the court's order and the applicable procedural law.
Issue notice
When a court issues notice, it directs that the respondent or another concerned person be formally informed of the proceeding and ordinarily be given an opportunity to appear or respond. Issuance of notice does not by itself mean that the court has accepted the merits of the case; its effect depends on the specific order.
