S-V Legal Terms and Meanings in India

Senior Advocate

An advocate designated as a Senior Advocate by the Supreme Court or a High Court under Section 16 of the Advocates Act, 1961. Senior Advocates are subject to special restrictions on practice. In the Supreme Court, a Senior Advocate cannot file a vakalatnama or act for a party, cannot appear without an Advocate-on-Record, and cannot accept a brief or instructions directly from a client.

Show Cause

A notice or direction requiring a person to explain why a proposed legal, judicial, disciplinary, tax or administrative action should not be taken. The person is ordinarily given an opportunity to respond before the authority makes its decision, subject to the governing law.

Special Leave Petition (SLP)

A petition asking the Supreme Court of India to exercise its discretionary power under Article 136 of the Constitution to grant special leave to appeal against a judgment, decree, determination, sentence or order of a court or tribunal in India, subject to the constitutional exception for courts or tribunals constituted under laws relating to the Armed Forces. If leave is granted, the matter proceeds as an appeal.

Stare Decisis

The doctrine that courts should follow binding legal principles laid down in earlier decisions when materially similar questions arise. In India, Article 141 of the Constitution provides that the law declared by the Supreme Court is binding on all courts within the territory of India.

Statute

A written law enacted by Parliament or a State Legislature within its legislative competence. A statute may authorise the making of subordinate legislation, such as rules or regulations, to implement its provisions.

Stay Order

An interim judicial order that temporarily suspends proceedings, enforcement of an order, or a challenged action. A stay may operate for a stated period, until a specified event, or until further orders of the court.

Sub Judice

Latin for a matter that is "under judicial consideration." It commonly refers to a dispute or issue that is pending before a court and has not yet been finally decided.

Sui Generis

A Latin expression meaning "of its own kind." In legal usage, it describes a person, right, institution, subject or legal category that is unique or does not fit neatly within an established class.

Suo Motu

A Latin expression used when a court or other legally empowered authority takes action on its own motion, without waiting for a formal application by an interested party. The power must arise from the Constitution, a statute, rules, or recognised judicial authority.

Supreme Court of India

The apex court of India, constituted under Article 124 of the Constitution. It exercises original, appellate, advisory, review and other constitutional and statutory jurisdictions. The law declared by the Supreme Court is binding on all courts in India under Article 141, and Article 142 empowers it to pass decrees or orders necessary for doing complete justice in matters pending before it.

Its important jurisdictions include disputes between the Union and States or between States under Article 131, special leave to appeal under Article 136, advisory references by the President under Article 143, and transfer of certain cases under Article 139A. Civil proceedings may also be transferred under Section 25 of the Code of Civil Procedure, 1908, and criminal cases or appeals may be transferred by the Supreme Court under Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The sanctioned strength of the Supreme Court is 34 judges, including the Chief Justice of India, and its proceedings are conducted in English.

Ultra Vires

Latin for "beyond the powers." An act, rule, order or decision is described as ultra vires when it goes beyond the legal authority or power conferred by the Constitution, a statute, rules or another governing instrument.

Vakalatnama

A written authority executed by a litigant appointing an advocate to act or appear on the litigant's behalf in a legal proceeding, subject to the applicable procedural and court rules. In the Supreme Court, filing and acting are performed by an Advocate-on-Record.

Void

Legally invalid and without legal effect. Whether an act or instrument is treated as void from the outset or only after a court declares it so depends on the governing law and the context.

Voidable

Legally effective unless and until it is avoided or set aside at the instance of a person entitled to challenge it under the applicable law.

Vox Populi

A Latin expression meaning "the voice of the people." It refers generally to prevailing public opinion and is not, by itself, a source of legal authority.