Important Legal Definitions

Bailable Offence: An offence where the accused has an absolute legal right to bail from the police station or court upon furnishing sureties.

Non-Bailable Offence: An offence where bail is not a matter of right, but a judicial discretion exercised by the court based on severity and evidence.

An express statutory prohibition under Section 96(3) of the Code of Civil Procedure barring any party from filing an appeal against a decree passed by a civil court with the consent of the parties.

A constitutional doctrine established in Kesavananda Bharati v. State of Kerala (1973) holding that Parliament’s constituent amending power under Article 368 cannot alter, damage, or destroy the fundamental identity or essential framework of the Constitution.

A settled rule of fiscal interpretation: an assessee claiming the benefit of an exemption notification must prove they fall strictly within the eligibility criteria; once eligibility is established, the notification is construed liberally.

The rule of judicial discipline dictating that a decision of a High Court is binding on all subordinate courts and tribunals within its territorial jurisdiction, and holds persuasive value for other High Courts.

An Article 226 writ petition challenging an executive order that bans or debars a private vendor or contractor from participating in future public procurement tenders on the ground of arbitrariness or failure to issue a prior show-cause notice.

The burden of proving any particular fact lies on that person who wishes the court to believe in its existence, unless the law provides otherwise.