In short. Legal words used on this site, explained in one or two plain sentences each. Where a word has a full page, follow the link from the relevant service or guide.
- Commercial dispute
- A business dispute of the kinds listed in Section 2(1)(c) of the Commercial Courts Act, 2015, such as trade, supply, construction, partnership, franchise, IP and commercial lease disputes.
- Specified value
- The value of the claim that decides whether a commercial court hears the case. It must be Rs 3 lakh or more. Section 12 of the Act says how to work it out (amount claimed with interest, value of the property, and so on).
- Commercial Court
- A court at district level designated to hear commercial disputes. In Delhi, the District Judge (Commercial) hears suits up to the district courts' pecuniary limit.
- Commercial Division
- The bench of a High Court with original civil jurisdiction (such as the Delhi High Court) that hears commercial suits above the district courts' limit.
- Commercial Appellate Division
- The bench of the High Court that hears appeals from commercial courts and from the Commercial Division under Section 13.
- Pre-institution mediation (PIM)
- Mediation through the Legal Services Authority that must be tried before filing most commercial suits, under Section 12A.
- Non-starter report
- A report by the mediator that the other side did not take part in pre-institution mediation. It lets you file the suit.
- Plaint
- The written claim that starts a suit. In a commercial suit it must come with all documents relied on and a statement of truth.
- Statement of truth
- A verification on affidavit, in the form prescribed for commercial suits, that the facts stated in a pleading are true. A false statement can lead to proceedings for contempt or perjury.
- Written statement
- The defendant's reply to the plaint. In commercial suits it must be filed within 120 days of service of summons at the latest.
- Replication
- The plaintiff's reply to new facts raised in the written statement.
- Counter-claim
- A claim the defendant makes against the plaintiff in the same suit.
- Disclosure
- The duty to file and share all documents in your power that relate to the case, including ones that hurt you (Order XI as amended for commercial suits).
- Admission and denial
- The step where each side says, document by document, which of the other side's documents it admits and which it denies, with reasons.
- Case management hearing
- A hearing under Order XVA where the court frames issues and fixes a timetable for evidence and arguments.
- Summary judgment
- Judgment without a full trial under Order XIIIA, where the court finds the plaintiff or the defendant has no real prospect of success.
- Summary suit
- A faster suit under Order XXXVII for a debt or liquidated amount based on written documents. The defendant needs leave of the court to defend.
- Leave to defend
- Permission the defendant must get in a summary suit before defending. It must be sought within 10 days of service of the summons for judgment.
- Interim injunction
- A temporary court order to do or not do something while the suit is pending, under Order XXXIX.
- Ex parte
- A hearing or order in the absence of one side.
- Attachment before judgment
- An order under Order XXXVIII Rule 5 requiring the defendant to give security or attaching his property, where he is trying to defeat the decree.
- Receiver
- A person appointed by the court under Order XL to take charge of disputed property or goods while the case is pending.
- Decree
- The formal order that records the court's final decision in the suit.
- Decree holder
- The person in whose favour a decree is passed.
- Judgment debtor
- The person against whom a decree is passed and who must pay or comply.
- Execution
- Enforcing a decree through the court under Order XXI, by attachment and sale of property, attachment of bank accounts and debts, or arrest in limited cases.
- Garnishee
- A third party, such as a bank or a customer of the judgment debtor, who holds money due to the judgment debtor and can be ordered to pay it to the decree holder instead.
- Liquidated damages
- A sum fixed in the contract as compensation for breach. Under Section 74 of the Contract Act the court awards reasonable compensation up to that sum.
- Limitation
- The time limit for filing a case under the Limitation Act, 1963. Most money claims must be filed within three years.
- Acknowledgment of debt
- A written admission of liability signed by the debtor before limitation expires. Under Section 18 of the Limitation Act it starts a fresh period.
- Court fee
- The fee paid to the court on filing, fixed by state court fee law and usually calculated on the amount claimed.
- Pecuniary jurisdiction
- The money limit up to which a court can hear a case.
- Territorial jurisdiction
- The area over which a court can hear a case, usually where the defendant works or where the cause of action arose.
- Cause of action
- The set of facts that gives the right to sue, such as the contract, the delivery and the non-payment.
- Special leave petition (SLP)
- A petition to the Supreme Court under Article 136 of the Constitution asking for permission to appeal against a High Court judgment.
- Passing off
- A claim that the defendant is presenting his goods or services as yours, available even where your mark is not registered.
- Trade secret
- Confidential business information, such as client lists, pricing or processes, protected by contract and by the courts' equity jurisdiction.
- Section 65B / Section 63 certificate
- The certificate needed to prove electronic records such as emails and ledgers. Since 1 July 2024 it is issued under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, which replaced Section 65B of the Evidence Act.