Showing 21–34 of 34 terms for letter E
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E
Legal term
Ex Parte Ad Interim Order
Ex Parte Ad Interim (Latin)
Definition
An interim (temporary) order passed by a court without notice to or hearing from the other party — granted only in urgent circumstances when notice would defeat the very purpose of the relief sought.
Explanation
An ex parte ad interim order combines two Latin concepts: 'ex parte' (from one party's side — without the other party) and 'ad interim' (for the meantime — temporary). Courts pass such orders when: (a) the matter is urgent; (b) notice to the other party would defeat the relief (e.g., if a person is informed that a court is about to order their arrest, they will abscond; if a company is told a court is about to freeze its accounts, it will transfer funds); or (c) the very purpose of the order would be frustrated if the other side is given advance notice. Such orders are strictly temporary — the court must fix an early date for hearing the other side and confirming, modifying, or vacating the order.
Statutory Provision
Order XXXIX Rule 3, Code of Civil Procedure, 1908: 'In any case where a temporary injunction is granted without giving notice of the application to the opposite party, the Court shall — (a) record the reasons for granting the injunction without notice to the opposite party; and (b) direct that notice of the application be given to the opposite party on such date as the Court may fix.' The court cannot pass such an order without recording reasons for the urgency and for not giving notice.
An order or decree passed by a court in the absence of one of the parties, typically the defendant, after they have been duly served with notice but failed to appear.
Explanation
An ex parte order (or decree) is one passed against an absent party. Under Order IX CPC, if a defendant who has been duly served with summons fails to appear at the hearing, the court may pass an ex parte decree against them. An ex parte decree is not a decree on merits — the defendant can apply under Order IX Rule 13 CPC to have it set aside, provided they establish (a) sufficient cause for their absence, and (b) that setting aside the decree would serve the ends of justice. Ex parte orders are also common in injunction proceedings — temporary ex parte injunctions are granted without notice to the defendant in urgent cases.
Statutory Provision
Order IX Rule 6, Code of Civil Procedure, 1908: 'Where the defendant does not appear when the suit is called on for hearing, the Court may make an order that the suit shall be heard ex parte, and shall proceed to hear the suit and pronounce judgment accordingly.'
Evidence that tends to clear the accused from guilt or reduce their culpability — including alibis, contradictions in prosecution evidence, expert evidence casting doubt on the prosecution's version, and evidence of another's guilt.
Explanation
Exculpatory evidence is any evidence favourable to the accused's case. Under the adversarial system, the prosecution must present all relevant evidence — including evidence that undermines their case (this obligation is enforced in India under Section 105 BSA — the duty to call relevant witnesses). The defence may adduce: (a) alibi evidence — the accused was elsewhere at the time (Section 106 BSA — accused bears burden to prove alibi once prosecution establishes presence); (b) contradictions in prosecution witnesses' testimony; (c) expert evidence challenging the prosecution's forensic case; and (d) evidence pointing to another person as the real perpetrator. Suppression of exculpatory evidence by the prosecution violates the accused's right to a fair trial under Article 21.
Statutory Provision
No specific statutory definition. Section 105, Bharatiya Sakshya Adhiniyam (BSA), 2023: 'When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023, or within any special exception or proviso contained in any other part of the said Sanhita, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances.' [The accused bears the burden to prove the exculpatory defence, not the prosecution to disprove it.]
A contract in which both parties have completely fulfilled their respective obligations — nothing remains to be done under the agreement.
Explanation
An executed contract is one where both parties have performed what was promised — the consideration has been given and received, and no future performance is outstanding. The term 'executed' has two meanings in contract law: (a) in the narrow sense, a contract 'executed' means one that has been signed or formally completed; (b) in the broader performance sense (more commonly used), it means one under which both parties' obligations have been discharged by performance. Common examples: a cash sale of goods (buyer pays, seller delivers simultaneously), a completed service (lawyer files brief and client pays), a finished construction contract. Distinguished from an executory contract where future performance is still due.
Statutory Provision
Section 2(f), Indian Contract Act, 1872 (read with Section 2(e)): 'Promises which form the consideration or part of the consideration for each other are called reciprocal promises.' An executed contract is one where all reciprocal promises have been performed. The ICA does not define 'executed contract' as a term but recognises the concept through the performance provisions (Sections 37-67).
A contract in which one or both parties still have obligations remaining to be performed — the agreement creates future duties of performance.
Explanation
An executory contract is one where at least one party's obligation has not yet been discharged — the performance is due in the future, or partially completed. The term is also used in insolvency/bankruptcy law to describe contracts where both parties still have material obligations outstanding — these can be assumed or rejected by the liquidator or insolvency professional. Most contracts at the moment of formation are executory — they contemplate future performance. A hire-purchase agreement (installments to be paid), a lease (rent to be paid monthly), an employment contract (work to be done, salary to be paid) are all executory contracts during their currency.
Statutory Provision
The Indian Contract Act, 1872 does not use the term 'executory contract' explicitly but recognises the concept. The Insolvency and Bankruptcy Code, 2016 (Section 14(1)(c)) specifically protects executory contracts — the moratorium prevents termination of executory contracts based on insolvency alone. Regulation 25A IBBI (Liquidation Process) Regulations deals with assignment and continuation of executory contracts.
The opinion of a person with specialised skill on matters beyond the ordinary competence of the court.
Explanation
Courts receive expert opinion on science, art, handwriting, foreign law, or other specialised fields — where the court cannot draw the necessary inference from the primary facts without expert assistance.
A rule of statutory interpretation that the express mention of one or more things of a particular class implies the exclusion of all other things of that class — when a statute specifically lists certain items, items not listed are impliedly excluded.
Explanation
Expressio unius est exclusio alterius (Latin: 'expression of one thing is the exclusion of the other') is based on the principle that when a legislature specifically mentions some things of a class and not others, the omission is deliberate — the legislature intended to include the mentioned things and exclude all others. This canon is frequently invoked where a statute provides a list and a question arises about an item not on the list: if a statute provides for A, B, and C specifically, D is excluded even if it would logically belong to the same category.
Statutory Provision
No statutory provision — this is a judge-made interpretive canon. Frequently applied in Indian courts: if a statute creates exceptions for specific categories (e.g., 'this Act shall not apply to Government companies'), other exceptions (private companies, foreign companies) are excluded. The Supreme Court has applied this rule across a range of contexts but has also cautioned that it is a rule of last resort — applied only when the statutory text is unambiguous about what it includes.
