Legal Terms Beginning with M, N, O and P: Meaning & Definitions

M-P Legal Glossary

• What is a Matter?

  A general expression used for a case, proceeding, application, legal issue or dispute placed before a court, tribunal or other authority. Its precise meaning depends on the context in which the expression is used.

• What are Mesne Profits?

  Mesne profits are the profits that a person in wrongful possession of property actually received, or might with ordinary diligence have received, together with interest on those profits, but excluding profits attributable to improvements made by that person.

  Statutory context: Section 2(12), Code of Civil Procedure, 1908.

• What is a Miscellaneous Petition or Application?

  A miscellaneous or interlocutory application is generally an application made in connection with a main proceeding seeking an incidental, procedural or interim direction. Depending on the court and applicable rules, it may seek stay, amendment, impleadment, intervention, clarification, modification, condonation of delay or another appropriate order.

• What does Mutatis Mutandis mean?

  Mutatis mutandis means that a rule, provision or procedure applies to another situation with the changes that are necessary to adapt it to the different context.

• What does Nemo mean in court proceedings?

  In court usage, "nemo" may be recorded to indicate that nobody appears for a party when the matter is called. The expression and its use can vary according to court practice.

• What is a Notification?

  A notification is an official announcement or instrument issued under legal authority, commonly published in the Official Gazette. Notifications may, among other things, bring statutory provisions into force, appoint dates, prescribe matters or communicate governmental decisions where the governing law permits.

• What is Obiter Dicta?

  Obiter dicta are observations made by a court that are not necessary for deciding the case before it. They are distinguished from the binding legal principle or ratio decidendi of a decision, although persuasive observations of higher courts can still carry substantial weight.

• What is an Order?

  In civil procedure, an "order" is the formal expression of a decision of a Civil Court which is not a decree. In broader legal usage, the word may also refer to a direction or decision issued by a court, tribunal or competent authority.

  Statutory context: Section 2(14), Code of Civil Procedure, 1908.

• What is an Ordinance?

  An Ordinance is a temporary legislative instrument promulgated when the constitutional conditions for exercising ordinance-making power are satisfied. At the Union level the President may promulgate an Ordinance under Article 123 of the Constitution; at the State level the Governor may exercise the corresponding power under Article 213. An Ordinance has the force and effect prescribed by the Constitution but is subject to the constitutional requirements concerning legislative reassembly and approval.

• What is Parens Patriae?

  Parens patriae, literally "parent of the country," describes the protective role of the State in relation to persons who are unable to protect their own interests, subject to constitutional and statutory limits.

• Who is a Party to a Case?

  A party is a person or legal entity formally participating in a legal proceeding, such as a plaintiff, defendant, petitioner, respondent, appellant or other person joined in accordance with the applicable law or procedural rules.

• What is Perjury?

  "Perjury" is commonly used for knowingly giving false evidence while legally bound to state the truth. Under the Bharatiya Nyaya Sanhita, 2023, giving false evidence includes making a statement that a person knows or believes to be false, or does not believe to be true, while legally bound by oath, law or declaration to state the truth. Related offences cover fabricating false evidence and the use of false evidence.

  Current statutory context: Sections 227 onward, Bharatiya Nyaya Sanhita, 2023. False statements in affidavits or declarations may attract consequences under the applicable substantive and procedural law.

• What is a Petition?

  A petition is a written pleading or application presented to a court or competent authority seeking a particular legal relief, direction or determination. Its form and required contents depend on the jurisdiction and applicable procedural rules.

• What are Pleadings?

  Under the Code of Civil Procedure, "pleading" means a plaint or written statement. Pleadings set out the material facts on which a party relies for a claim or defence, rather than the evidence by which those facts are to be proved.

  Statutory context: Order VI Rules 1 and 2, Code of Civil Procedure, 1908.

• What is a Prayer in a Petition?

  The prayer is the part of a petition, plaint or application that states the relief or reliefs the party asks the court or authority to grant.

• What does Prima Facie mean?

  Prima facie means "at first sight" or "on the face of it." In legal proceedings it usually describes a case, fact or showing that appears sufficient at an initial stage unless displaced by contrary material.

• What does Pro Bono Publico mean?

  Pro bono publico means "for the public good." In legal practice, "pro bono" commonly refers to professional legal services provided without charging the client the usual professional fee, often to improve access to justice or serve a public-interest purpose.

• What is Process Fee?

  Process fee is a fee prescribed by the applicable court rules for issuing or serving judicial process such as summonses or notices. The amount, timing and method of payment vary between courts and jurisdictions.

• What is a Puisne Judge?

  A puisne judge is a judge of a superior court other than its Chief Justice. The expression is mainly used in formal or traditional legal terminology.

Legal Terms in Alphabetical Order