Important Legal Definitions

Maintainability: The threshold question of whether a court possesses the legal jurisdiction and power to entertain a petition or suit (e.g., limitation, standing, alternate remedy).

Merits: The substantive evaluation of whether the allegations, facts, and evidence presented by the parties entitle them to legal relief.

A summary, quasi-civil statutory remedy preventing vagrancy and destitution by compelling an individual with sufficient means to pay a monthly allowance to their neglected wife, minor children, or elderly parents.

"We command." A constitutional writ issued by a High Court or the Supreme Court compelling a public officer, statutory body, or government authority to perform a mandatory statutory duty that they have refused, neglected, or failed to perform.

A writ of Mandamus sought under Article 226 by a crime victim directing the police to perform their statutory duty under Section 154 CrPC / Section 173 BNSS to register a First Information Report (FIR) when a cognizable offence is disclosed.

An equitable order compelling a party to perform a positive act to prevent the breach of an obligation, or to undo a wrongful act already committed (such as pulling down an unauthorized wall).

An extraordinary, rare interim direction compelling a party to perform a positive physical act (such as demolishing a structure or restoring water connections) before trial, granted only in exceptional cases to restore the last peaceful status quo.

A mandatory provision must be obeyed strictly, and failure to comply renders the proceeding or act null and void; a directory provision requires substantial compliance, and non-compliance does not automatically invalidate the act.

A ground for striking down primary legislation under Article 14 established in Shayara Bano v. Union of India, applying when a statute or provision is enacted capriciously, irrationally, without an adequate determining principle, or disproportionate to its objective.

An ex-parte asset-freezing order restraining a defendant from removing, transferring, dissipating, or hiding their assets, properties, or bank accounts from the jurisdiction of the court pending trial and execution.

Brief summaries printed beside a section in historical statutes or gazette prints, which in modern Indian jurisprudence cannot be used to restrict or expand the plain language of the section, though they may indicate general drift.

The administrative prerogative of the Chief Justice of India (and Chief Justices of the High Courts) to allocate benches, distribute judicial portfolios, and assign specific writ petitions for hearing.

Shall: Ordinarily indicates a mandatory, imperative statutory obligation.

May: Ordinarily indicates a discretionary, directory, or enabling power.

Contextual Rule: Courts can interpret "may" as "shall" (mandatory) where a public duty is conferred for public benefit, and "shall" as "may" (directory) where procedural non-compliance causes no prejudice.

A specific judicial direction in a decree for immovable property directing an inquiry to determine the profits that the person in wrongful possession actually received or might with ordinary diligence have received, together with interest, from the date of the suit until delivery of possession.

A purposive canon of interpretation requiring the court to examine: (1) what the common law was before the Act, (2) what mischief or defect the existing law failed to provide for, (3) what remedy Parliament resolved and appointed, and (4) the true reason of the remedy.

A set of operational guidelines agreed upon by political parties and enforced by the Election Commission of India from the moment elections are announced until results are declared, governing speeches, announcements, and state machinery usage.

Evidence showing the psychological incentive that drove an accused (motive), the steps taken to equip themselves for the act (preparation), and their subsequent physical actions (conduct, such as absconding or hiding evidence).