Important Legal Definitions

Warrant Case: A case relating to an offence punishable with death, imprisonment for life, or imprisonment exceeding two years.

Summons Case: A case relating to an offence not being a warrant case (punishable with two years or less).

A formal writ issued by the executing court commanding the court bailiff or process server to remove any person bound by the decree who refuses to vacate the immovable property, and to deliver physical vacant possession to the decree holder.

A standard of judicial review in administrative law derived from Associated Provincial Picture Houses v. Wednesbury Corp., stating that a court will intervene only if an administrative decision is so outrageous in its defiance of logic or accepted moral standards that no sensible authority could ever have reached it.

The four established exceptions laid down in Whirlpool Corporation v. Registrar of Trade Marks where a High Court will entertain an Article 226 writ petition despite an alternative statutory remedy: (1) violation of Fundamental Rights, (2) breach of natural justice, (3) orders wholly without jurisdiction, or (4) challenge to the ultra vires character of an Act.

The statutory framework governing the plaintiff's right to abandon a suit or part of a claim, and permitting the formal compromise or settlement of a suit through a lawful written agreement signed by the parties (Order XXIII Rule 3).

An Article 226 writ petition praying to declare administrative rules, regulations, or statutory notifications void because they travel beyond the rule-making power conferred by the parent Act.

A standard prayer in a writ petition under Article 226 or Article 32 praying that the court annul, strike down, or invalidate an illegal executive circular, gazette notification, or administrative decision.

An extraordinary direction issued in a writ petition compelling the State to return unlawfully seized property, reverse an unauthorized physical demolition, or restore an employee with complete back wages.

The formal defense pleading filed by a defendant responding to each material allegation of fact made in the plaint, raising preliminary objections, statutory bars, or asserting counter-defenses within the statutory period of 30 days (extendable up to 90 or 120 days).