Important Legal Definitions

"Where there is a right, there is a remedy." A foundational maxim of equity establishing that if a person possesses a recognized legal or civil right, the legal system must provide a court and an efficacious mechanism to enforce that right.

"Beyond the powers." Refers to any law, subordinate regulation, executive decree, or official act enacted or executed in excess of the jurisdiction, power, or authority conferred by the Constitution or parent statute.

The dismissal of an extraordinary constitutional writ petition under Article 226 or 32 on the sole ground that the petitioner suppressed material facts, misled the court, or made false statements in their supporting affidavit.

An order in a summary suit granting the defendant complete, unrestricted permission to file their written statement and proceed to full trial without depositing money or furnishing securities, because they demonstrated a substantial, bona fide triable defense.

The central constitutional agency mandated to conduct examinations for appointments to the civil services of the Union and to be consulted on all disciplinary matters affecting a public servant (Article 320).

The equitable and quasi-contractual principle (codified in Sections 68 to 72 of the Indian Contract Act) dictating that no person should be permitted to unfairly enrich themselves at the financial expense of another, obligating restitution of the benefit received.

"That the thing may rather have effect than be destroyed." A presumption of statutory validity holding that an enactment or contractual clause should be construed so as to make it valid, operational, and effective rather than rendering it void or futile.