Understanding the basic terminology used in the High Court Proceedings (HIGH COURT PRACTICE 8)

The High Court in day to day proceedings use different terms. Junior lawyers at the initial stage of practice find it difficult to understand meaning of these terms. In this article, we have explained meaning of basic terminology used in the High Court Proceedings.

Note - Detail explanation of each term will updated soon 

(1) Seeking precedent

(2) Seeking adjournment

(3) Seeking Circulation

- For bringing pending case before court by circulation
- Make request at time of rising of court
- If request approved by court give circulation slip (precipe) to court reader then reader will make his remark on it to list case to registry on given date.

(4) Affidavit in Reply 

- Same as WS in Civil Court. Filed in response to Writ Petition in HC.

- Follow rules of pleading as per CPC (Facts) and also plead Law and Evidence in writ petition. Person present Affidavit in Reply in court State the things on oath.

(5) Speaking to minutes

it's made for correction of certain minor things or requesting hon'ble judge to clarify certain points which of left unclarified lead to some certain confusion or unclarity. E.g. Correction of dates, names of parties, wrong mentioning of some facts. It's different from review and it's used in minor things.

(6) Hearing

(7) Part Heard

(8) Early hearing

(9) Notice served

(10) Rules served

(11) Notice before admission (NBA)

(12) Order Notices returnable on cartain date 

Order directing issuance of notices of petition calling upon other side to answer the petition

(13) Rules

(a) Rule nisi - why not allow the case against respondent

(b) Rule made absolute - after final hearing when court make judgement in favour of petitioner

(c) Rule Discharge - dismiss case after final hearing

(d) Rule on interim relief

(e) Rule and Admit - court issues rule when it admit the matter

(14) Business in limine (case dismiss)

(15) Return (reply)

(16) Stand over (SO) (case adjourned)

(17) Application for amendment

(18) R and P - Record and Proceedings

(19) Paperbook

It is prepared by registry upon the order of book

(20) Issue of Citations 

A citation is a directive, issued by a law enforcement officer or other person authorized by statute, that a person appear in court and answer a misdemeanor or infraction charge or charges

(21) Praecipe