Ratio
decidendi
The reason behind or crux of a
judicial decision.
Registry
This is the administrative
machinery of a Court which deals with the filing, registering and listing of
cases, issuing copies of orders and notices to parties, maintaining and preserving
records. The Registry is also responsible for the maintenance and security of
the court premises. It is headed by a Registrar General or a Registrar.
Rejoinder
Affidavit
See affidavit.
Representative
Action
Any affected person can file a
petition on behalf of an indeterminate group of persons, or of the entire
population in a representative action.
Res
Judicata
A legal principle which
prevents a party to a case which has been finally decided from bringing an
action on the same issue. For example, a case is barred by res judicata if an
earlier case between the same parties has decided upon the same points. This is
embodied in Section 11 of the Code of Civil Procedure, 1908.
Respondent
A party against whom a petition
is filed. A proforma respondent is a party against whom no relief is sought.
Review
A court has the power to review
its orders on specified grounds, as provided by law. Generally the same court
which passed the order or judgement in a case reviews its decision. There is,
however, no inherent power in a court to review its decisions. The power has to
be given by statute or be found in the Constitution.
Revision
Orders that cannot be appealed
against can be revised by the High Court on specific grounds, as provided in S
115 of the Code of Civil Procedure, 1908 and Ss. 397 and 401 of the Code of
Criminal Procedure, 1973.
Rule
Nisi
When admitting a writ petition
for being heard, a court orders rule nisi which means that the respondents are
asked to show cause why the petition should not be allowed, i.e. why the rule
issued may not be made absolute. If the petition is allowed, the Court orders
that the rule is made absolute. If the petition is dismissed, the Court states
that the rule has been discharged.
No comments:
Post a Comment