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Terms Related to Law

 


Law Related Terms

Police Custody- When suspect is in custody of Police and locked up in police station. The maximum duration of police custody is 15 days(CBI vs Anupam Kulkarni 1992) 


Judicial Custody- When suspect is in custody with the approval of Judge and locked up in Jail. 


Custodial Interrogation- Questioning of a suspect or accused by law enforcement authorities. In news because of ED which is neither police nor Jail


Regular Bail- Granted by court under section 437(for non-bailable offense) + 439 of CrPC


Interim Bail- Granted by court for temporary period till regular bail is under consideration. No mention of interim bail under CrPC, the concept of interim bail was introduced by Supreme Court in 2009(Lal Kamlendra Pratap Singh vs State of U.P.) 


Anticipatory Bail- Granted by only session court and High court under section 438 of CrPC


Default Bail/Statutory Bail- Bail granted when the police fail to complete investigation within a specified period(Section 167(2) of CrPC) 

In Ritu Chhabaria vs Union of India case(April 2023), Supreme Court of India declared it as fundamental right under article 21 of the Indian Constitution.


Delegated Law- Law made by Exective wing instead of legislative wing(Parliament) 


Common Law- Law created by Judges through written opinions. 


Forum Shopping- Deliberately choosing a specific judge/court for a legal case to get a favorable outcome.


Gun Jumping- Illegal activities in finance sector. Like- insider trading, merger of two companies without informing the authorities(Competition Commission of India) 


Gun Running- Illegal arms smuggling


Ex-Gratia Payment- Volunteer payment as a gesture of good, A party is not legally bound to pay

Ex-Gratia(Latin origin) means by favour



Adverse Possession(Limitation Act, 1963)- Any person in possession of private land for over 12 years or government land for over 30 years can become the owner of that property. 


Advocate vs Lawyer- Lawyer is a general term representing a broad group of anyone who is practicing law including a solicitor, barrister and attorneys. While Advocate is used for those who are authorised to represent clients in court. 


Acting Judges- Appointed by president when there is vacancy of post(Article 126, 224) 


Ad-hoc Judges- Appointed by chief justice in case of lack of quorum(Article 127) 


Retired Judges- Appointed by chief justice in case of workload issue(Article 128, 224A) 


Additional Judges- Appointed by president when there workload issue in high court(Article 224), there is no provision for additional judge of Supremecourt


Reciprocating Territories(Section 44A of CPC 1908)- Orders passed by certain designated courts from a ‘reciprocating territory’ can be implemented in India, by filing a copy of the decree concerned in a District Court here.

The courts so designated are called Superior Courts and jurisdiction is in civil law only. 


Mutual Recognition Agreement(MRA)- (Trade related term) A formal agreement between two or more countries or trading partners. It allows them to recognize and accept each other’s standards, regulations, and conformity assessment procedures for specific products or services.


Zero FIR- Introduced after the recommendation of the Justice Verma Committee(On Nirbhaya case 2012) 

an FIR that can be registered by any police station, irrespective of jurisdiction for cognizable offences. 




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