A statement, oral or documentary, which suggests an inference about a fact in issue, made by a party or agent against the maker's interest.
Explanation
An admission under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is a statement—by conduct, act, or writing—that suggests an inference as to any fact in issue or relevant fact. Admissions may be judicial (made in pleadings, on oath, or in court) or extra-judicial (made outside court). A judicial admission dispenses entirely with proof of the admitted fact; an extra-judicial admission is a piece of evidence to be weighed, not conclusive proof. Admissions bind the party making them but can be explained or rebutted.
Statutory Provision
Section 15, Bharatiya Sakshya Adhiniyam, 2023: 'An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.'
The acquisition of legal title to property by open, continuous, and hostile occupation for the statutory period without the owner's consent.
Explanation
Adverse possession allows a person in wrongful occupation of land to acquire title after possessing it openly, continuously, and hostilely for the statutory limitation period—12 years for private land (Article 65, Limitation Act 1963) and 30 years for government land. The doctrine balances the interests of active possessors against dormant owners. It extinguishes the original owner's right to sue once the limitation period expires. Indian courts require proof of all three essentials: the possession must be open and notorious, actual and continuous, and hostile (without the owner's permission).
Statutory Provision
Article 65, Limitation Act, 1963: 'For possession of immoveable property or any interest therein based on title — 12 years from when the possession of the defendant becomes adverse to the plaintiff.'
A person employed to do any act for another (the principal), or to represent the other in dealings with third persons — with the power to bind the principal by acts done in the course of the agency.
Explanation
An agent under Section 182 ICA is one employed to act for another. The agency relationship involves three parties: principal, agent, and third parties. The agent's key attribute is the power to bind the principal — acts done by the agent within their authority bind the principal as if the principal had done them directly. Agency can be created by: (a) express appointment; (b) implied appointment (conduct or necessity); (c) ratification (Section 196 — principal adopts agent's unauthorised acts); (d) estoppel (principal's representation that another is their agent — apparent authority). Agents owe duties of: loyalty, confidentiality, care, disclosure, and to account for money received.
Statutory Provision
Section 182, Indian Contract Act, 1872: 'An agent is a person employed to do any act for another, or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal.' Section 183: 'Any person who is of the age of majority according to the law to which he is subject, and who is of sound mind, may employ an agent.' Section 184: 'As between the principal and third persons any person may become an agent, but no person who is not of the age of majority and of sound mind can become an agent, so as to be responsible to his principal.'
A person whose legal right has been directly and adversely affected by an act, order, or decision — and who therefore has locus standi to seek legal redress.
Explanation
An 'aggrieved person' is one who has suffered a legal wrong or injury — whose legal rights, interests, or status have been directly and adversely affected by the conduct complained of. The test for aggrievement is not merely subjective dissatisfaction — it requires a direct, tangible legal impact. In civil proceedings (Order XLVII Rule 1 CPC), only a person 'aggrieved' by a decree or order can seek review. In criminal proceedings, victims and complainants are 'aggrieved persons' who have specific rights. The concept overlaps with 'locus standi' — to have locus standi, a person typically must show they are aggrieved. Under PIL, this requirement is relaxed for public interest matters.
Statutory Provision
Section 2(a), Protection of Women from Domestic Violence Act (PWDVA), 2005 (specific statutory definition): 'aggrieved person means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.' This is one of the few statutory definitions — most uses of 'aggrieved person' in Indian law rely on judicial interpretation. For court review under Order XLVII Rule 1 CPC: 'any person aggrieved by a decree or order' — judicially interpreted as requiring direct legal interest.
A person to whom a plot, apartment, or building has been allotted, sold, or otherwise transferred by a promoter under a RERA-registered real estate project — with specific statutory rights against the promoter.
Explanation
Under the Real Estate (Regulation and Development) Act, 2016 (RERA), an 'allottee' is the buyer of a unit in a RERA-registered project. RERA gives allottees specific rights: (a) right to obtain information about the approved plans, layout plan, government approvals, and proforma of the agreement (Section 11(3)(a)); (b) right to obtain stage-wise completion certificate (Section 19(5)); (c) right to claim possession of the unit as per the agreement; (d) right to claim refund with interest (currently 2% above MCLR/SBI PLR) if the project is delayed; and (e) right to refer disputes to the Real Estate Regulatory Authority (RERA authority) and the Real Estate Appellate Tribunal.
Statutory Provision
Section 2(d), Real Estate (Regulation and Development) Act, 2016: 'allottee' in relation to a real estate project, means the person to whom a plot, apartment or building, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise but does not include a person to whom such plot, apartment or building, as the case may be, is given on rent.
The combination of two or more companies into one — where one or more companies (transferors) transfer their entire undertaking to another (transferee), with shareholders of the transferor receiving shares in the transferee as consideration; the most common form of corporate restructuring.
Explanation
Amalgamation and merger are often used interchangeably in India, but technically: (a) Merger — one company is absorbed into another, which continues; (b) Amalgamation — two or more companies combine to form a new entity, OR one transfers its undertaking to the other. The Income Tax Act, 1961 defines 'amalgamation' specifically (Section 2(1B)): a process where one or more companies (amalgamating companies) merge with another (amalgamated company) with shareholders of the amalgamating company receiving shares in the amalgamated company, and the amalgamating company's properties and liabilities become those of the amalgamated company. Tax neutrality (no capital gains on transfer) is available for qualifying amalgamations under Sections 47(vi) and 47(vii) IT Act.
Statutory Provision
Section 2(1B), Income Tax Act, 1961: 'amalgamation, in relation to companies, means the merger of one or more companies with another company or the merger of two or more companies to form one new company (the company or new company being referred to as the amalgamated company) in such a manner that — (i) all the property of the amalgamating company or companies immediately before the amalgamation becomes the property of the amalgamated company by virtue of the amalgamation; (ii) all the liabilities of the amalgamating company or companies immediately before the amalgamation become the liabilities of the amalgamated company by virtue of the amalgamation; (iii) shareholders holding not less than three-fourths in value of the shares in the amalgamating company or companies (other than shares already held therein immediately before the amalgamation by, or by a nominee for, the amalgamated company or its subsidiary) become shareholders of the amalgamated company by virtue of the amalgamation.'
A direction by the Sessions Court or High Court that a person shall be released on bail in the event of their arrest for a specified non-bailable offence, granted in anticipation of arrest.
Explanation
Anticipatory bail under Section 482 BNSS 2023 (formerly CrPC Section 438) is a pre-emptive bail — it is granted before arrest. When a person apprehends arrest in connection with a non-bailable offence, they may apply to the Sessions Court or High Court for anticipatory bail. If granted, upon arrest the person must be released on bail forthwith. The Supreme Court in Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565 held that anticipatory bail is not a right but a discretionary relief — courts must apply it judicially, not mechanically. The BNSS 2023 introduced a sunset clause: anticipatory bail now operates only until the date of first appearance before the Magistrate.
Statutory Provision
Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023: 'When any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail.'
