Category: Indian Law Basics

Introduction Interim order denotes a provisional judicial direction issued while the main lis is pending; its object is to preserve the subject-matter, protect parties from irreparable prejudice, or maintain the status quo so that final adjudication is efficacious and meaningful. In Indian practice interim orders are the workhorse of litigation — from temporary injunctions in…

Introduction Intellectual Property (IP) encompasses the legal rights granted to creations of the human mind — inventions, literary and artistic works, designs, symbols, names, images, and other commercial identifiers. In India, IP is not an abstract academic concept: it is a core transactional and litigation field that shapes industry strategy, corporate valuations, technology transfer, competition,…

Introduction An “Inspection Memo” (also referred to in practice as an arrest/inspection memorandum or inspection note) is the contemporaneous record of the physical condition of a person when brought into custody. Though not defined by a single statutory provision, the inspection memo functions as a primary safeguard against custodial violence, an evidentiary document for both…

Introduction Insanity / Unsound mind is a legal, not merely a clinical, concept. In Indian law it operates at the intersection of criminal responsibility, civil capacity and guardianship, testamentary validity, contractual competence and procedural safeguards for accused persons. For practitioners, the phrase “unsoundness of mind” triggers discrete consequences: (a) a potential complete defence to criminal…

Introduction An “insanitary latrine” is not merely a matter of poor housekeeping; it is a public‑health and legal problem that engages municipal, criminal and constitutional law in India. For practitioners, recognising when a latrine becomes “insanitary” — i.e., one that requires manual removal of human excreta before putrefaction or which discharges into open drains/pits causing…

Introduction Inquiry is a deceptively simple word for a concept that sits at the junction of criminal procedure, administrative law and constitutional protection in India. In practice, “inquiry” denotes a range of fact‑finding processes — from a Magistrate’s sifting of a complaint to departmental probes into employee conduct and high‑level commissions of inquiry. Getting the…

Introduction An injunction is an equitable remedy — a court-ordered command to do or to refrain from doing a particular act — that preserves rights and prevents imminent or continuing injustice. In India, injunctions are a staple of civil litigation: they are used to protect possession, enforce contracts, prevent infringement of intellectual property, stop threatened…

Introduction Infanticide — the killing of a newborn or very young child — has no separate statutory label in Indian criminal law but occupies an important place in both criminal adjudication and medico-legal practice. In India it is prosecuted through general homicide provisions of the Indian Penal Code (IPC) and through specific offences dealing with…

Introduction The phrase “Indian Christian” has a modest statutory pedigree but disproportionate practical importance across Indian personal law, family law practice, succession disputes, custodial and guardianship matters, and religious rights litigation. Section 3 of the Indian Christian Marriage Act, 1872 supplies the statutory definition; that definition determines whether several distinct legislative schemes and institutional practices…

Introduction “Imprisonment for life” is one of the most consequential sentencing options in the Indian criminal justice system. It operates at the intersection of substantive penal law, sentencing doctrine and executive clemency. For practitioners, a sentential order declaring “life imprisonment” shapes not only the offender’s liberty but also the contours of subsequent relief by courts…

Introduction Impound — the act of seizing and holding property under legal authority — is a routine instrument across criminal, regulatory and civil practice in India. From the traffic constable who impounds an unregistered vehicle to the customs officer detaining imported goods, impoundment affects fundamental client rights: possession, use, and commercial value of property. For…

Introduction Immovable property is the bedrock of many civil and commercial disputes in India. At its simplest, it denotes land and things that are permanently attached to the earth — parcels of land, houses, apartments, buildings, fixtures and rights associated with land. For practitioners, immovable property law is consequential across conveyancing, property litigation, execution proceedings,…

Introduction The label “illegitimate child” (more sensitively described in modern practice as a “child born out of wedlock” or “non‑marital child”) occupies an outsized place in Indian litigation because, while it no longer denotes moral condemnation in law, it continues to influence disputes on maintenance, custody, guardianship, parentage, identity, and succession. Practitioners must therefore understand…

Introduction The term “illegal immigrant” occupies a contested and consequential space in Indian law: it engages immigration control, citizenship law, criminal procedure and fundamental rights. For practitioners, precise understanding of what constitutes an “illegal immigrant” is not merely academic — it determines detention, deportation, criminal liability under immigration statutes, reliance on the National Register of…

Introduction Hurt is a foundational concept in criminal law. It captures the quintessential wrong of causing bodily pain, disease or infirmity to another person and forms the matrix against which more serious injuries (grievous hurt) and related offences are measured. For practitioners, ‘hurt’ is litigationally significant because it determines charge framing, the degree of proof…

Introduction The House Rent Allowance (HRA) is a ubiquitous component of Indian salary structures and a frequent battleground in tax assessments, employment disputes and compliance audits. For practitioners advising salaried clients, employers, or litigating before tax authorities, mastery of HRA’s statutory contours, evidentiary thresholds and litigation patterns is essential. This article distils the legal framework,…

Introduction Hookah (also called shisha, narghile, or water-pipe) is a smoking apparatus in which tobacco (often flavoured, moassel or gush tobacco) or other smoking mixtures are heated and the smoke is drawn through water before inhalation. In India hookah acquired commercial visibility through “hookah bars” and cafes, raising regulatory, public‑health and licensing issues. For lawyers,…

Introduction The phrase “holder of cheque” is small in words but large in consequence. In everyday commercial life cheques operate as negotiable instruments; the legal identity of the person entitled to enforce a cheque determines whether civil recovery or criminal prosecution under the Negotiable Instruments Act, 1881 (NI Act) can be launched. For practitioners appearing…

Introduction HIV (Human Immunodeficiency Virus) in the legal sense is not merely a medical fact — it is a legal identity that triggers a cluster of constitutional rights, statutory duties, penal liabilities and procedural safeguards. For Indian practitioners, HIV raises issues of privacy and confidentiality, discrimination in employment and service delivery, criminal liability for transmission,…

Introduction The label “Hindu” is not merely a sociological descriptor in Indian law; it is a legal category that determines the applicability of an entire body of personal law — marriage, succession, adoption, maintenance, custody, and obligations within the joint family. Determining whether a person is a “Hindu” for the purpose of personal law statutes…

Introduction The Hindu Undivided Family (HUF) is a sui generis institution of Hindu law that continues to play a decisive role in family, property and tax practice in India. Far from a mere anthropological concept, the HUF is a functional juridical entity used for succession, management of ancestral assets, commercial enterprise and tax planning. For…

Introduction Heavy passenger vehicle is a regulatory and forensic category that governs the use, operation, insurance, liability and enforcement of large passenger-carrying motor vehicles — typically buses used by schools, colleges, tour operators, public transport undertakings and corporate shuttles. In practice the label “heavy passenger vehicle” triggers distinct permit regimes, fitness and maintenance standards, driver…

Introduction A “heavy goods vehicle” (HGV) is not merely a technical classification used by transport authorities — it is a legal identity that triggers a distinct regulatory regime, enhanced safety obligations, specialized licensing, heavier penalties for non‑compliance, and particular evidentiary rules in civil and criminal proceedings. In India, the designation matters for registration, permits, taxation,…

Introduction Hazardous cleaning is a legally loaded phrase in contemporary Indian law. It denotes work that exposes employees to grave physical risks—most often the cleaning of sewers, septic tanks, dry latrines, manholes and similar confined spaces—without adequate safety measures, mechanisation or personal protective equipment (PPE). For practitioners, the term is not merely descriptive: it triggers…

Introduction Habeas corpus occupies a central place in the protection of personal liberty in India. Functionally, it is the fastest, most direct judicial remedy to challenge unlawful arrest or detention. For practitioners, habeas corpus is not an arcane writ confined to constitutional textbooks: it is an essential weapon to secure immediate physical liberty, to compel…

Introduction “Guardian” is one of the most frequently invoked yet misunderstood legal statuses in Indian practice. It governs who may make decisions for a minor or for an incapacitated person, who may manage that person’s property, who may consent to medical treatment, travel and education, and who may be held accountable for the child’s welfare….

Introduction Gross Total Income (GTI) is the bedrock concept of direct-tax compliance and controversy in India. It represents the aggregate of income assessed under the five statutory heads and forms the starting point for claiming normative head‑specific deductions, set‑offs and the Chapter VI‑A reliefs that reduce a taxpayer’s liability. For litigators, tax counsel and in‑house…

Introduction Grievous hurt is a core concept in criminal practice and adjudication in India: it elevates a bodily injury from an ordinary assault to an offence carrying substantially higher stigma and punishment, and it shapes investigative priorities, charge-drafting, bail strategy and sentencing. For prosecutors it is often the difference between a bailable and a non‑bailable…

Introduction Gratuity is a statutory terminal benefit payable by an employer to an employee on termination of employment by retirement, superannuation, resignation after qualifying service, death or disablement. In India, gratuity is both a social welfare measure and an employment-rights issue that frequently gives rise to disputes on eligibility, computation and enforcement. For practitioners, mastery…

Introduction Goods is a deceptively simple term that underpins a vast swathe of commercial litigation in India: sale, transfer, pledge, insurance claims, insolvency disputes, tax assessments, carriage of goods and securities enforcement all hinge on whether something is “goods,” what category of goods it falls into, how property and risk in goods pass, and what…

Introduction “Good faith” (bona fides) is a modal thread that runs through multiple branches of Indian law — criminal, corporate, contract, property and administrative law. It is not a single technical term with a universal statutory definition; rather it is a fact-sensitive standard used to distinguish honest, reasonable conduct from mala fides, fraud or wilful…

Introduction A “gift card” in India functions as a commercial voucher or prepaid payment instrument (PPI) that allows the holder to purchase goods or services from a designated merchant or network of merchants. In practice gift cards bridge marketing, contract and payments law: they are simultaneously a means of deferred purchasing, a contractual instrument issued…

Introduction Gift is a fundamental, frequent mode of voluntary transfer in Indian property law. Unlike contracts for consideration, a gift is gratuitous: the donor transfers present ownership to the donee without consideration. Gifts are used across family transactions, estate planning, matrimonial arrangements and commercial restructuring. For practitioners, gifts raise recurring issues: competency, acceptance, registration, stamp…

Introduction “Gestation” in law is not merely a biological period; it is a legal fact with immediate consequences across criminal law, medical regulation, family law, assisted reproduction and evidence. In the Indian context, the precise number of weeks of gestation can determine whether a pregnancy may be lawfully terminated, whether a third party may be…

Introduction Gender queer persons — often described as non-binary or genderqueer — are individuals whose gender identity does not fit within the conventional male/female dichotomy. In the Indian legal landscape, recognition of gender‑diverse identities has shifted from marginalisation to constitutional protection over the last decade. For practitioners, understanding how the law defines, protects and operationalises…