Indian Legal Glossary
A concise glossary of commonly used legal terms beginning with the letters Q and R, explained in plain language with references to current Indian procedural law where relevant.
Quo warranto is a judicial remedy used to question the legal authority by which a person occupies a public office. In constitutional practice, a court may examine whether the holder satisfies the legal requirements for that office.
Ratio decidendi is the legal reason or principle that is necessary for a court's decision. It is the part of a judgment that explains why the court reached its conclusion and may operate as a binding precedent where the doctrine of precedent applies.
The Registry is the administrative machinery of a court. It ordinarily handles filing and registration of cases, scrutiny of papers, listing, issue of notices and certified copies, maintenance of judicial records and other administrative functions under the court's rules and directions.
A representative proceeding is one in which one or more persons sue or defend on behalf of others having the same interest, where the applicable law permits it. In civil suits, Order I Rule 8 of the Code of Civil Procedure, 1908 provides a procedural framework for representative suits, subject to the court's permission or direction and required notice.
Res judicata is the principle that a court should not try a matter that has already been directly and substantially in issue and finally decided between the relevant parties, or persons claiming under them, by a competent court. In civil proceedings, the doctrine is expressly embodied in Section 11 of the Code of Civil Procedure, 1908.
A respondent is the party against whom an appeal, petition or similar proceeding is brought. A pro forma respondent is generally joined as a necessary or proper party even though substantive relief may not be claimed against that person.
Review is reconsideration by a court of its own judgment or order on legally recognised grounds. A power of review is not assumed merely because a court has decided a matter; it must arise from the Constitution, a statute or applicable procedural rules. In civil procedure, review is principally governed by Section 114 and Order XLVII of the Code of Civil Procedure, 1908.
Revision is a form of supervisory jurisdiction exercised by a higher court over specified decisions or proceedings when the applicable statute permits it. In civil matters, Section 115 of the Code of Civil Procedure, 1908 deals with revision by the High Court. In current criminal procedure, revisional powers are primarily contained in Sections 438 to 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023, including Section 438 on calling for records and Section 442 on the High Court's revisional powers. Proceedings saved under the Bharatiya Nagarik Suraksha Sanhita may continue to be governed by the corresponding provisions of the Code of Criminal Procedure, 1973, depending on the statutory transition rules.
Rule nisi literally refers to a rule or order that becomes absolute unless sufficient cause is shown against it. In writ and other court proceedings, the expression is traditionally used for a conditional rule calling upon the respondent to show cause why the relief sought should not be granted.