Meaning and definition

1. Ladyship-refusing the PIL filed by 75-year-old advocate Shiv Sagar Tiwari, the bar
council of India adopted a resolution in April 2006 and added a new rule 49(1)(j) in
the advocate’s act. Where the judges can be addressed as sir, your honor, or your
lordship.
2. Plaintiff- . He who, in a personal action, seeks a remedy for an injury to his rights. 2.
Plaintiffs are legal or equitable. The legal plaintiff is he in whom the legal title or
cause of action is vested. The equitable plaintiff is he who, not having the legal title,
yet, is in equity entitled to the thing sued for; for example, when a suit is brought by
Benjamin Franklin for the use of Robert Morris, Benjamin Franklin is the legal, and
Robert Morris the equitable plaintiff. This is the usual manner of bringing suit, when
the cause of action is not assignable at law, but is so in equity. (B) A person,
corporation or other legal entity that begins a lawsuit, such as filing a complaint with
a clerk, and who seeks damages for an injury from a defendant.
3. Defendant-A person who is being sued, the party against whom a lawsuit is filed. In
some instances, the plaintiff may be called the petitioner and the defendant the
respondent. The person defending or denying; the party against whom relief or
recovery is sought in an action or suit. In common usage, this term is applied to the
party put upon his defense, or summoned to answer a charge or complaint, in any
species of action, civil or criminal, at law or in equity. Strictly, however, it does not
apply to the person against whom a real action is brought, for in that proceeding the
technical usage is to call the parties respectively the “demandant” and the “tenant.”.
Defendant in error. The distinctive term appropriate to the party against whom a writ
of error is sued out.

4. Jurisdiction- Article 225 in The Constitution Of India 1949

225. Jurisdiction of existing High Courts Subject to the provisions of this Constitution and to
the provisions of any law of the appropriate Legislature made by virtue of powers conferred
on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any
existing High Court, and the respective powers of the Judges thereof in relation to the
administration of justice in the Court, including any power to make rules of Court and to
regulate the sittings of the Court and of members thereof sitting alone or in Division Courts,
shall be the same as immediately before the commencement of this Constitution: Provided
that any restriction to which the exercise of original jurisdiction by any of the High Courts
with respect to any matter concerning the revenue or concerning any act ordered or done in
the collection thereof was subject immediately before the commencement of this
Constitution shall no longer apply to the exercise of such jurisdiction
 4. High court has original ,writ, and appellant and supervisory jurisdiction.OJ means the
high court has the power to hear the disputes in first instances not by the way of
appeal.
Grounds for appeal:
1. The decree or judgment passed by the court can be challenged on the basis of the facts
of the case and the legal interpretation of the legal provisions.
2. In the cases where the party to the dispute raises any objection with respect to the
territorial and pecuniary of the court passing the judgment and the decree.
3. On the basis of the failure of justice relating to the incompetency of the court.
4. In the cases where the parties to the dispute have not joined in the original suit, in such
matters appeal lie against the judgment/ decree of such court.
5. Where there is a challenge to the interpretation of law which are applied by the
subordinate court
6. On the grounds of any defect or error or irregularity in the legal proceedings of the
case
7. In the cases where the substantial question of law exists and it is affecting the rights of
the parties.

5. Pecuniary jurisidiction : Section 15 of the civil procedure court provides that every
suit shall be instituted in the court of the lowest grade competent to try it. As per A.P
Civil Courts Act the pecuniary jurisidiction of the courts is as follows: Suits
amounting up to Rs.3,00,000/- lie before the Junior Civil Judge's Courts.Suits over
3,00,000/- and but not exceeding Rs. 15,00,000/- lie before the Senior Civil Judge's
Courts and exceeding Rs. 15,00,000/- lie before District Courts. It is an important to
note that High Court has no Pecuniary Jurisidiction and only appeal lies before it.

6. Powers of First Appellate Court: First Appellate Court has got power to judge the
correctness of findings of facts as well as of law recorded by the Trial Court.
However, Second Appeal to the High Court under Section 100 C.P.C. lies only if the
case involves substantial question of law. Section 107 C.P.C. provides as under:-
"107. Powers of Appellate Court- (1) Subject to such conditions and limitations as
may be prescribed, an Appellate Court shall have power- (a) to determine a case
finally; (b) to remand a case; (c) to frame issues and refer them for trial; (d) to take
additional evidence or to require such evidence to be taken. (2) Subject as aforesaid,
the Appellate Court shall have the same powers and shall perform as nearly as may be
the same duties as are conferred and imposed by this Code on Courts of original
jurisdiction in respect of suits instituted therein.” Accordingly most of the things
which may be done by the Trial Court can also be done by the Appellate Court. Under
Order 6 Rule 17 C.P.C. plaint or written statement may be amended. The rule itself
 provides that the Court may, at any stage of the proceedings, allow either party to
alter or amend his pleading.
7. section 115 in The Indian Evidence Act, 1872
115 Estoppel. —When one person has, by his declaration, act or omission, intentionally
caused or permitted another person to believe a thing to be true and to act upon such belief,
neither he nor his representative shall be allowed, in any suit or proceeding between himself
and such person or his representative, to deny the truth of that thing.
Conditions for application of Doctrine of Estoppel
The following conditions are to be satisfied in order to apply the doctrine of estoppel:

 The representation must be made by one person to another person.

 The representation made must be as to facts and not as to the law.
 The representation must be made as to an existing fact.
 The representation must be made in a manner which makes the other person believe
that it is true.
 The person to whom the representation is being made must act upon that belief.
 The person to whom the representation would be made should suffer a loss by such
representation.
8. Equitable estopppel
When a person tries to take a legal action that would conflict with his previously
given statements, claims or acts, this legal principle would prohibit him from doing
so. So, the plaintiff would be stopped from bringing a suit against the defendant who
acted pursuant to the commands of the plaintiff.
9. Section 73 in The Indian Contract Act, 1872
73. Compensation for loss or damage caused by breach of contract.—When a contract
has been broken, the party who suffers by such breach is entitled to receive, from the
party who has broken the contract, compensation for any loss or damage caused to
him thereby, which naturally arose in the usual course of things from such breach, or
which the parties knew, when they made the contract, to be likely to result from the
breach of it.
10.Negligence is a civil tort which occurs when a person breaches his duty of care
which he owed to another due to which that other person suffers some hard or
undergoes some legal injury.
Duty of care
Breach of duty
Damages
11.A contract is legally binding as per the Indian Contract Act, 1872, it observes that a
breach of contract is a violation of the entitled legal duty. In such a violation, if one of
the parties fails to fulfil the obligations of the contract then the other must terminate
 it. A breach of contract could be either in its entirety or partly. The party who
breaches the contract must give compensation only for the part they have not
performed.

12.Substantive law refers to how facts of each case are handled and how to penalize or
ascertain damages in each case. Whereas, Procedural law refers to the different
processes through which a case proceeds. Substantive laws define the legal
relationship between different individuals, or between individuals and the
State. Procedural laws define the rules with which substantive laws may be enforced.
Substantive law is considered to be main law and Procedure law as subordinate to
Substantive Law.

13.Appeal-“the complaint to a superior court for an injustice done or error committed

by an inferior one, whose judgment or decision the Court above is called upon to
correct or reverse. It is the removal of a cause from a Court of inferior jurisdiction
to one of superior jurisdiction, for the purpose of obtaining a review and retrial”.