Legal Dictionary

Infringement is the unauthorised exercise of the IP owner's exclusive rights. Each IP right has its own infringement definition: (a) Copyright infringement (Section 51 Copyright Act): doing any act exclusively reserved for the author without licence — reproduction, communication to the public, adaptation, translation; (b) Patent infringement (Section 48 Patents Act): making, using, offering for sale, selling, or importing the patented invention without licence; (c) Trademark infringement (Section 29 Trade Marks Act): using an identical or deceptively similar mark in the course of trade for similar goods/services; (d) Design infringement (Section 22 Designs Act): applying the registered design to any article in the same class. Remedies for infringement: injunction, damages or account of profits, delivery up, and in some cases (copyright) criminal prosecution.

Section 151 CPC preserves the 'inherent powers' of civil courts — the underpinning residual authority that courts have as courts, independent of specific statutory provisions. Courts have used inherent powers to: (a) stay proceedings to prevent abuse of process; (b) recall orders obtained by fraud; (c) condone delay in exceptional circumstances; (d) order amendment of pleadings when justice demands; (e) permit consolidation of suits; (f) make interim orders not specifically provided for in the CPC. Crucially, inherent powers cannot be used to override express statutory provisions — they supplement but cannot contradict the CPC.

Injunctions are the most flexible and frequently sought interlocutory relief in civil litigation. The Specific Relief Act, 1963 (Sections 36-42) governs injunctions in India. Types: (a) Temporary injunction (Order XXXIX CPC) — maintains status quo during trial; granted on satisfaction of the three-part test (prima facie case, balance of convenience, irreparable harm); (b) Perpetual injunction (Section 38 SRA) — permanent restraint after full trial; (c) Mandatory injunction (Section 39 SRA) — compels positive action. Injunctions can also be ordered in criminal proceedings (e.g., under the BNS to prevent domestic violence) and in constitutional proceedings (to stay executive action).

Words innocent on face but defamatory with context.

Credit for tax paid on inputs used in business.

Under Section 2(k) BNSS 2023, inquiry means every inquiry other than a trial conducted by a Magistrate or court. Inquiry and trial are distinct: a trial determines guilt with finality; an inquiry is a preliminary or ancillary proceeding to determine whether a trial should proceed or to establish facts without a final verdict. Common types include: preliminary inquiry into a complaint (BNSS Section 223), inquiry into cause of death (BNSS Section 194), inquiry into cases of missing persons, and inquiry into allegations against public servants before granting prosecution sanction.

Dealing in securities while in possession of unpublished price sensitive information.

Financial condition where a person or entity cannot pay its debts as they become due or where liabilities exceed assets.

Criminal intentional insult that provokes a person to break the public peace, or insulting or outraging the religious feelings of a class of persons.

Intellectual Property (IP) encompasses the legal rights granted to creators and inventors for their creations. In India, the primary IP statutes are: (a) Patents Act, 1970 — protects inventions for 20 years; (b) Copyright Act, 1957 — protects literary, artistic, musical, dramatic, and cinematographic works for the author's lifetime + 60 years; (c) Trade Marks Act, 1999 — protects brand names, logos, and distinctive marks; (d) Designs Act, 2000 — protects industrial designs (visual features of products); (e) Geographical Indications of Goods (Registration and Protection) Act, 1999 — protects regional product names (Darjeeling Tea, Basmati Rice, Kancheepuram Silk). India is a member of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the WTO.

Intergenerational equity is the temporal dimension of environmental justice — extending the principles of fairness across time, not just within a generation. The concept was developed by Professor Edith Brown Weiss and is the foundation of the Brundtland Commission's definition of sustainable development. It requires the present generation to: (a) conserve the diversity of the natural and cultural resource base; (b) maintain the quality of the planet such that it is passed on to future generations in no worse condition than received; and (c) provide equitable access to the legacy of past generations and conserve access for future generations. The Supreme Court in M.C. Mehta v. Kamal Nath referred to this principle in the context of protecting natural resources for posterity.

Interim relief is the provisional protection a court provides during litigation to prevent irreparable harm while the case is being decided. It takes various forms: (a) temporary injunction (Order XXXIX CPC) — restraining or compelling an act; (b) ex parte order; (c) status quo order; (d) appointment of receiver (Order XL CPC); (e) attachment before judgment (Order XXXVIII CPC) — preventing dissipation of assets; and (f) bail or anticipatory bail in criminal proceedings. The grant of interim relief requires the applicant to satisfy the three-part test: prima facie case, balance of convenience, irreparable harm. Interim relief may also include security for performance, direction to file accounts, and any other order that preserves the subject matter of the dispute.

An interim stay is a provisional stay — it suspends the operation of a lower court's order for a limited period, typically until the main stay application is heard and decided at an inter partes (both parties) hearing. Courts grant interim stays ex parte or on short notice in urgent cases where the applicant shows that irreparable harm would result if the order operates even for the few days required to schedule the full hearing. An interim stay lapses when the court decides the main stay application or when the period specified in the interim order expires.

Interim applications for temporary relief or procedural matters.

Suit by person holding property claimed by two or more persons.

Person allowed to join ongoing proceedings.

Section 28 BNS 2023 (formerly Section 85 IPC) creates a very limited intoxication defence. The key distinction: (a) Involuntary intoxication — without the accused's knowledge or against their will — is treated like unsoundness of mind: if it rendered the person incapable of knowing the nature of the act or its wrongfulness, it is a complete defence. (b) Voluntary intoxication — self-induced by the accused's own choice — is generally not a defence. However, even voluntary intoxication may be relevant to specific intent crimes: if the specific mental element required for the offence (e.g., premeditation for murder) could not have been formed due to extreme intoxication, the accused may be convicted of a lesser offence (e.g., culpable homicide not amounting to murder).

Action taken within legal authority.

Investigation under Section 2(l) BNSS 2023 includes all proceedings for collection of evidence conducted by a police officer or person authorised by a Magistrate. Investigation begins after receiving information (FIR for cognisable offences) and includes visiting the crime scene, examination of witnesses, search and seizure, medical examination of the accused/victim, arrest, and custody. The power to investigate is a statutory power vested in the police — courts cannot direct police how to investigate, only whether to investigate.