Legal phrases & Legal Maxim used in Laws

Legal phrases & Legal Maxim used in Laws

1 Suo moto: own motion

2 Deeming fiction cannot be stretched beyond the purpose for which it is created

3 The words used in Law are not used for nothing

4 To invoke Provision: To make use of particular provision

5 Ipso Facto: By this fact alone or because of this matter alone

6 ‘MAY’ may be treated as ‘SHALL’ but ‘SHALL’ shall not be treated as ‘MAY’

7 Tenable: Acceptable in law

8 Redundant Provision: Out of Force or Outdated Provision

9 Quasi: Almost Similar to

10 Quasi Criminal: Almost equal to criminal

11 Jurisprudence: Law relating to particular matter

12 Mensrea: Guilty Mind

13 Ibid: As printed earlier

14 Suo Moto: On its own

15 Prima Facie: On its face

16 Non-est: What is not in existence / Non existing thing

17 Call in question: To challenge

18 De Nova: Completely New

19 Sine quo non: Most essential thing

20 Purposes of this Act: Proceeding must be pending

21 Reason to believe Vs Reason to suspect: Refer various case laws

22 Derived from & attributable to: Derived from refers to direct connection with a particular matter whereas attributable to refers to an indirect connection

23 Mutatis Mutandis: After making necessary changes as may be required

24 Discovery Vs Detection: Discovery is made by the assessee whereas detection is done by the Assessing Officer

25 To Quash: The process of cancelling the proceeding of Assessing Authorities by Judicial Authorities

26 So far as may be: To the extent possible

27 Travesty of Justice: A ridiculous interpretation of a very serious statement, making a mockery of a very serious matter

28 To impugne: To challenge

29 Save as otherwise provided: Except to the extent as oppositely provided

30 If one section is overriding the other section: Use Words “Notwithstanding anything contained in ……”

31 If one section is superseded by the other section: Use words “Save as otherwise provided………..”

32 Other provisions apply in General way: Use words “Without prejudice to the provisions ……………..”

33 Reckoned: Recognised, Counted, Calculated

34 Doctrine of Merger: When an order passed by the lower authority is superseded by the higher authority.

35 Doctrine: Principle or saying in general acceptance.

36 In Pari Material Pavi Causa: Same material, same content {Eg. Sec. 24B of IT Act, 1922 is Pari Material with Sec. 159 of IT Act, 1961. In such a case a judgment given in respect of section 24B would be valid in respect of sec. 159}.

37 Per se: By itself

38 Cy Press: As near as possible.

39 Tax is always charged, Interest is levied and Penalty is imposed.

40 Deductions are admissible, Relief is granted.

41 Return is always furnished; Assessment order is made / passed.

42 De hors: Independent of

43 Order of Injunction of HC: Stay order.

44 Several Liability means separate liability. [Refer sections 168(3), 171(7), 179(1)178(5) & 188A.]

45 Legatee is a person for whose benefit there exists an asset of a deceased.

46 Locus Standi: Directly involved in relation or deal.

47 Garnishee Proceeding: The proceeding which gives Govt. the right to attach (i.e. forcibly take over) any asset from a person who is defaulter.

48 Vitiate Proceedings: To make proceedings null, void.

49 Inter alia: Among other things.

50 Audit Altream partem: It is a principle of natural justice. According to this principle, which is the principle in every civilized jurisprudence, a person against whom any action is sought to be taken or a person whose rights or interests are to be affected should be given a reasonable opportunity to defend himself.

51 Resjudicata: [Once the decision of HC comes then on that same point again appeal cannot be made.] The issue of Law which has been already decided shall not be pleaded for review.

52 In Limine: At the outset (i.e. at the beginning).

53 Suspended animus: An order under Appeal is not subject to any action by any authority till the order disposing of the appeal is available.

54 Subjudice: Under an appeal to a court, decision awaited.

55 Adjudicate: Consider for judgment. A court adjudicates means gives its decision on a particular matter.

56 Akin: Similar to; of the same type

Coterminus: Similar to; of the same type.

57 Impediment: Obstacles or Hindrance.

58 Sine Di: For indefinite period.

59 To deduce: Logically come to the conclusion.

60 Purview: Scope

61 Bounty: Additional Advantage.

62 Ad Hoc: Without any particular rate, percentage, proportion.

63 Ad infinitum: Without any Time limit.

64 Ad interim: In the Mean Time.

65 Bonafide: Genuine.

66 Surmises: Presumptions, own assumptions;

67 Defacto: In fact;

68 Defjure: In Law, irrespective of whatever the facts.

69 Ejusdem Generis: Of the same kind.

70 Ex-gratia: As a matter of grace or favour.

71 Ignorantia Legis known excusat: Ignorance of law is not excused.

72 Mesne Profit: Profit earned by somebody by wrongful possession of property.

73 Modus Operandi: Mode of Operation / Manner of working.

74 Nexus: Close connection link.

75 Onus probandi: Onus of proof / the burden of Proof.

76 Non obnstante clause: That provision has superceding effect on any other provision.

77 Raison D’etre: Reason or justification for existence.

78 Ratio Decidendi: Reason for deciding / Grounds for decision.

79 Suijuris: of his own right.

80 Assessee engaged in …………….: The activity should have started

81 Option Vs Discretion: Whenever choices is available to the assessee in respect of any matter. Law uses the word at his option – for e.g: 1. Sec 11(11) – Explanation to Sec. 11 (11) 2. Sec. 23(4)

82 amicus curiae: Friend of court; one who voluntarily or on invitation of the court, and not on instructions of any party, helps the court in any judicial proceedings

83 audi alteram: hear the other side. Both sides should be heard before a decision is arrived at.

84 caveat emptor: let the purchaser beware. A ———- implying that the buyer must be cautious, as the risk is his and not that of the seller.

85 cestui que trust: a beneficiary under a trust, the person for whose benefit the trust is created.

86 ex officio: by virtue of an office.

87 ex parte: expression used to signify something done or said by one person not in the presence of his opponent.

88 fait accompli: An accomplished act.

89 obiter diccum: an opinion of law not necessary to the decision. An expression of opinion (formed) by a judge on a question immaterial to the ratio decidendi, and unnecessary for the decision of the particular case. It is no way binding on any court, but may receive attention as being an opinion of the high authority.

90 pendente lite: during litigation.

91 per incuriam: through carelessness, through inadvertence. A decision of the court is not binding precedent if given peer incuriam that is, without the court’s attention having been drawn to the relevant authorities, or statutes.

92 pro tanto: to that extent, for so much, for as much as may be.

93 quid pro quo: the giving of one thing of value for another thing of value; one for the other; thing given as compensation.

94 Ratio Decidendi: Reason for deciding / Grounds for decision.

95 res integra: an untouched matter; a point without a precedent; a case of novel impression.

96 rule njsi: a rule to show cause why a party should not do a certain act, or why the object of the rule should not be enforced.

97 in personam: against the person; an act or proceeding done or directed with reference to no specific person or with reference to all whom it might concern.

98 in rem : an act / proceeding done or directed with reference to no specific person or with reference to all whom it might concern.

99 inter vivos: between living persons.

100 intestate: a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition (“will”) capable of taking effect.

101 intra vires: within the powers; within the authority given by law.

102 ipse dixit: he himself said it; there is no other authority.

103 ipso jure: by the law itself; by the mere operation of law.

104 lis pe ndens: a pending suit.

105 rule absolute: when, having heard counsels, court directs the performance of that act forthwith.

106 sine die: without delay.

107 stare decisis: to stand by things decided; to abide by precedents where the same points come again in litigation.

108 status quo: existing condition.

109 sub judice: before a judge or court; pending decision of a competent court.

110 ultra vires: beyond one’s power

CA Harshad Shah, Mumbai [email protected]