Legal Lingo

What is a Caveat ?

Caveat : a warning, caution or admonition, beware What is it ? Talking to someone on a Consumer matter, the issue of a caveat came up. Since this is a very common term frequently encountered, I thought of providing here preliminary information for any interested. Legally, a caveat is a notice to a court to suspend a certain proceeding until the notice giver is a hearing. Essentially, it prevents the Court from passing an order without notice to the caveator (caveat giver). This notice allows the caveator to put forward his/her submissions to the court before judgement is passed. Definition…
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Legal Lingo

Vigilantibus non dormientibus jura subveniunt

Working on a case pertaining to property and rights thereupon, I was reminded of the maxim " Vigilantibus non dormientibus jura subveniunt". Translated it means " The laws serve the vigilant, not those who sleep." In legal parlance, those who claim a legal right should be vigilant in exercising the same. The reverse also holds true - those who claim they have been wronged should as well be prompt in putting forward their claims. This maxim finds clearest expression in the Limitation Act. Essentially, if an offense is alleged to be committed, legal recourse has to be taken by the…
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Legal Lingo

Uberrima Fides

Talking to someone on an issue concerning medical negligence, I was reminded again of the doctrine of 'Uberrima Fides'. First explicitly set out almost 300 years ago ! Mostly used in insurance contracts, it is a Latin phrase meaning "utmost good faith" . All parties to an insurance contract must deal in good faith, making a full declaration of all material facts in the insurance proposal. And is one that may come back to bite someone, at a stage  where nothing can be done. As was held recently ( Branch Manager Bajaj Allialnze Life Insurance Company vs Dalbir  Kaur, CA…
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Legal Lingo

Rah Gujran

Legal Lingo - Rah Gujran - Passer By Rah Gujran - Passer By Good Samaritans( passers-by assisting road accident victims) can take an injured person to hospital, and leave for their day-to-day activities without having to provide any personal details. Writ Petition (C) No. 235 of 2012- Savelife Foundation & Anr. Vs Union of India & Anr In a landmark and far-reaching judgement in March 2016, Supreme Court of India provided “force of law” to the Government of India guidelines protecting bystanders/passers-by who assist road crash victims. Such people are Good Samaritans and may be termed as Rah Gujran in…
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Legal Lingo

Imroz man

Legal Lingo - Imroz Man - इमरोज़ मन Knowing Legal Lingo is helpful too, because one never knows when one may need to understand a legal phrase, maxim or word ! इमरोज़ मन : Today ( Often used in First Information reports )
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