A criminal case relating to an offence not punishable with death or imprisonment for a term exceeding two years, tried by a simpler and faster procedure before a Magistrate.
Explanation
Under Section 2(w) BNSS 2023, a summons case is a case relating to an offence — not being a warrant case. Since 'warrant case' means cases punishable with death, life, or over 2 years, all offences punishable with up to 2 years imprisonment fall into the 'summons case' category. Summons cases are tried by a simpler procedure: no formal charge is framed, the accused is instead asked to show cause, evidence is taken more summarily, and the procedure is generally faster. The distinction matters because it determines the mode of trial, the powers of the Magistrate, and the appeal route.
Statutory Provision
Section 2(w), Bharatiya Nagarik Suraksha Sanhita, 2023: 'Summons case means a case relating to an offence, and not being a warrant case.'
A Latin term meaning 'on its own motion' — referring to a court taking action or initiating proceedings on its own initiative, without a formal application or petition from any party.
Explanation
Suo motu is the Latin phrase for a court acting on its own initiative. In India, the Supreme Court and High Courts frequently take suo motu cognisance of matters of public importance — disasters, human rights violations, environmental issues, custodial deaths, and failures of governance — based on newspaper reports, television broadcasts, or their own knowledge. Suo motu action is an extension of PIL — it removes the requirement of even an informal petition. The court identifies a public interest concern and converts its own notice of it into a formal proceeding.
Statutory Provision
No statutory provision for suo motu. The power is inherent in the Supreme Court under Article 32 and 142, and in High Courts under Article 226. Rule 9 of the Supreme Court Rules allows the Court to act suo motu in matters affecting the administration of justice.
A person who gives a guarantee — who promises to discharge the liability of a third person (the principal debtor) in case of the principal debtor's default.
Explanation
A surety under the Indian Contract Act is a party to a contract of guarantee (Section 126 ICA). The guarantee involves three parties: (a) the principal debtor — the primary obligor; (b) the creditor — to whom the debt is owed; and (c) the surety — who promises to pay the creditor if the principal debtor defaults. A surety's liability is co-extensive with that of the principal debtor (Section 128) unless the contract provides otherwise. A surety is discharged from liability when: the creditor varies the contract, releases the principal debtor, makes an arrangement with the principal debtor, or allows the principal debtor to accumulate liability (Sections 133-139 ICA).
Statutory Provision
Section 126, Indian Contract Act, 1872: 'A contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of his default. The person who gives the guarantee is called the surety; the person in respect of whose default the guarantee is given is called the principal debtor, and the person to whom the guarantee is given is called the creditor. A guarantee may be either oral or written.'
Development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs — a foundational principle of environmental law recognised by the Supreme Court as part of the right to life under Article 21.
Explanation
Sustainable development was defined in the 1987 Brundtland Commission Report ('Our Common Future'): 'Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.' In Indian environmental law, the Supreme Court in Vellore Citizens Welfare Forum v. Union of India (1996) 5 SCC 647 held that sustainable development is a part of the customary international law and has been absorbed into domestic law through the constitutional provisions and environmental statutes. The Court held that the right to a healthy environment is part of the right to life under Article 21. The National Environment Policy, 2006 articulates sustainable development as India's core environmental policy principle.
Statutory Provision
No specific statutory definition of 'sustainable development' in Indian law. However, the Environment Protection Act, 1986 (Section 3) empowers the government to take measures for environmental protection; the National Green Tribunal Act, 2010 (Section 2(m)) defines 'sustainable development' as 'the development of the environment in consonance with the rights of the people to live in a decent environment.' Various state environmental policies also refer to sustainable development as a guiding principle.
Shares issued by a company to its employees or directors at a discount or for non-cash consideration (such as intellectual property, know-how, or value addition) in recognition of their contribution to the company's business.
Explanation
Sweat equity shares under Section 54 of the Companies Act, 2013 allow companies to reward key contributors with equity without requiring cash payment. The 'sweat' is the non-monetary contribution — intellectual property rights, know-how, value additions created by the employee/director. Conditions: (a) special resolution; (b) valued by a Registered Valuer; (c) maximum 15% of existing paid-up equity in a year (25% overall); (d) lock-in period of 3 years; (e) not available to promoters/directors holding 10%+ shares. SEBI Sweat Equity Regulations apply for listed companies. The concept originated in startup ecosystems — where founders and early employees receive equity in lieu of market-rate salaries.
Statutory Provision
Section 54(1), Companies Act, 2013: 'Notwithstanding anything contained in section 53, a company may issue sweat equity shares of a class of shares already issued, if the following conditions are fulfilled, namely: — (a) the issue is authorised by a special resolution passed by the company; (b) the resolution specifies the number of shares, the current market price, consideration, if any, and the class or classes of directors or employees to whom such equity shares are to be issued...'
