Ab initio
From the very beginning.
Admission
After a case is registered it is
placed before the Court for its hearing, known as the preliminary hearing. The
Court considers whether the case should be proceeded with by directing the
respondents to show cause why the petition should not be admitted. Sometimes
the Court admits a case without hearing the respondents, or dismisses the case
in limine. If the case is admitted, it is listed for a more detailed hearing.
See issue notice.
Adversarial Procedure
A way of adjudicating a dispute
in which one party asserts a claim or a right, and the other denies it. The
dispute is usually resolved by the acceptance of one claim and the rejection of
the other, making the proceedings adversarial. This is recognized in the Code
of Criminal Procedure, 1973, the Indian Evidence Act, 1872 and the Code of
Civil Procedure, 1908. See inquisitorial proceedings.
Advocate
A person authorized to appear in
a litigation on behalf of a party. An advocate possesses a law degree and is
enrolled with a Bar Council, as prescribed by the Advocates Act, 1961.
Advocates are the only class of persons legally entitled to practise law. They
provide legal advice. After being authorized to appear in a case by a client
who has signed a vakalat, advocates prepare cases and argue them in Court. In
the Bombay and Calcutta High Courts there is a separate class of legal
practitioners, known as solicitors, who prepare the case, but do not argue in
Court. When appearing in a courtroom, an advocate usually dresses in black and
white, and wears a band and gown. Any complaint against an advocate is made to
the Bar Council of India. See junior advocate, advocate-on-record, senior
advocate, amicus curiae, vakalath.
Advocate-on-record (AOR)
An advocate who has passed a
qualifying examination conducted by the Supreme Court. The examination is taken
by an advocate who has been enrolled with a Bar Council for at least five years
and has completed one year''s training with an AOR of not less than five years
standing. Only an AOR can file a vakalath, a petition, an affidavit or any
other application on behalf of a party in the Supreme Court. All the procedural
aspects of a case are dealt with by the AOR, with the assistance of a
registered clerk. It is the AOR''s name that appears on the cause list. The AOR
is held accountable, by the Court, for the conduct of the case. Any notices and
correspondence from the Court are sent to the AOR, and not to the party.
Advocate's fees
There are no standardized fees
charged for the various tasks performed by an advocate. Some advocates charge a
lump sum amount for dealing with an entire case, others charge separate fees
for each task - e.g., drafting, filing, legal advice, arguing. Senior advocates
generally charge a separate fee for every hearing. In the majority of PIL
cases, these fees have been waived by the advocates. When appearing on behalf
of a legal aid committee, an advocate receives expenses and nominal fees, at no
cost to the party. In some PIL cases the Court has awarded costs to the party.
Affidavit
This is a sworn statement made by
a party, in writing, made in the presence of an oath commissioner or a notary
public which is used either in support of applications to the Court or as
evidence in court proceedings. In writ jurisdiction, cases are generally
disposed of on the basis of affidavits. An affidavit in reply to a petition,
filed by a respondent, is called a counter affidavit. The petitioner’s response
to this counter, is called a rejoinder affidavit. All affidavits are verified
as to the truth of their contents.
Alimony
The maintenance given by a
husband to his divorced wife.
Amicus curiae
Translated from the Latin as
’friend of the Court’. An advocate appears in this capacity when asked to help
with the case by the Court or on volunteering services to the Court.
Appeal
The correctness of the decision
of a lower court or tribunal is questioned by way of an appeal in a higher
court.
Arbitration
Settling disputes by referring
them to independent third parties as an alternative to court proceedings.
Attestation
The authentication of a signature
by an authorized person, who could be an oaths commissioner or a notary public.
Attorney
See advocate.
Audi alteram partem
This is a rule of natural justice
which translates from the Latin as ‘hear the other side’ or ’hear both sides’.
This means that every party against whom a decision is being taken must be
given the opportunity to present a defence, either orally or in writing.
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