LEGAL CONCEPTS

PLAINT:

A Plaint constitutes a written statement made by the plaintiff in which he states the cause of action with all important details. Through a written statement, a plaintiff asks for the court’s help for providing a remedy for the wrong done to him and thereby granting relief to him by lawful means. For filing a civil suit a plaint is the first thing that needs to be made.

Thus, a Plaint is precisely a statement of a bunch of facts in writing about all the grievances of the plaintiff and claiming relief for the same from the Court of Law.

CRIMINAL COMPLAINT:

A criminal complaint is an allegation or accusation of commission of an offence to take action against the person committing the offence whether known or unknown under the relevant law. The person who makes the allegation by way of the oral or written complaint is known as the complainant.

A complaint about the commission of an offence is tried under the Criminal Procedure Code and is to make before a Judicial Magistrate. Like a plaint is made in civil cases a complaint is made in criminal cases. Thus criminal complaint is a statement of facts relating to an alleged crime. If the complaint and the evidence given are credible is enough to prosecute a person, a criminal complaint is filed against him.

SUIT:

When an application is filed in a Civil Court for civil remedy then this proceeding of application is called Suit. Thus, if a person initiates a legal civil proceeding by filing a plaint against another in a Civil Court is termed as a Suit.

The most common types of civil suits are filed in instances like damage to property, breach of a contract, negligence resulting in personal injury, defamation, torts, property disputes, etc.

Generally, the relief provided by the Courts is by way of asking the defendant to compensate the plaintiff by paying damages or the Court may order the defendant to start or stop the wrongdoing.

AFFIDAVIT:

An affidavit is the written statement of a deponent on oath duly affirmed either before a Magistrate or a Court or before an authorized magistrate or other person appointed by the Court to administer such oath affirmation. 

Thus, an affidavit can be a written or printed declaration of facts made voluntarily confirmed by oath or affirmation by the party making it to be used as evidence in Court. An affidavit is sworn to be true. It is an oath that the person stating the facts of the case is saying the truth.

CAUSE OF ACTION:

The bunch of facts based on which a person files a suit for relief from Judicial authority against another is called a cause of action. Only when the plaintiff proves the happening of certain facts which have caused loss or injury to him, the Court grants him a remedy. 

INJUNCTION:

The injunction is an order of a Court commanding any person to undo a wrong or injury done to another or prohibiting or refraining any person from doing a particular act causing injury or loss to the other.

 It is a form of preventive relief given by the Court to a person suffering wrong. There are many kinds of Injunctions like Preliminary, Temporary restraining order, Permanent. The law of Injunction is contained in the Specific Relief Act and Civil procedure Code.

Thus, Injunction is a kind of legal remedy imposed by the Court to grant relief. The injunction is granted when no other adequate legal remedy is available to give relief.

ACQUITTAL:

Where in a criminal case charges are leveled against the accused of commission of an offence punishable under the criminal law and after proper investigation and hearing of both the parties the Court finds that the charges imposed on the accused are not proved beyond doubt then the Court acquits him from all the charges.

Thus, when the Judge finds that the evidence is not enough to prove the accusation and convict the accused, he may acquit the accused by stating the reasons for acquittal. Under the rule of Double Jeopardy, the acquittal of an accused is a bar to subsequent prosecution of the same accused.

CONVICTION:

When a judgment is pronounced in a criminal trial after finding the evidence sufficient for proving all the charges against the accused the Court of Law convicts the accused. The accused is hereby declared by the verdict of a jury to be convicted for the alleged offence by the Court.

An accused charged of a criminal offence punishable under the Indian Penal Code is convicted when the said charges against him are proved beyond a reasonable doubt. The Court ordering conviction awards punishment either by way of imposition of fine or imprisonment or both fine and imprisonment. Where an accused himself pleads guilty of an offence for which he is charged and the judge awards him punishment for the same, he is still declared to be convicted. Thus, the conviction is the judicial pronouncement of the guilt of the accused.

REVIEW:

A Review means the re-examination of a case by the same judge thereby reconsidering its earlier decision in certain circumstances.

In cases where the provision of review is provided by the law, an application for review can be filed against the given order.

An application for review is entertained by the Court on the discovery of new evidence which can change the verdict of the case. This new evidence was neither known to the person making the application for review nor known to the court at the time of passing the order.

POWER OF ATTORNEY:

Power of Attorney is a legal document made to empower a particular person to act for and in the name of the executor of the document. It is a document made to give authority to a person to act as an agent of the person making the power of attorney. 

Thus, a power of attorney is a document that gives written authority to a person to act on behalf of the person making the document by representing him in business matters, private affairs, legal matters, financial affairs, or property matters. An agent is appointed by this document to act for the principal. Power of Attorney is of four kinds that are General Power of Attorney, Durable Power of Attorney, Special or Limited Power of Attorney, and Springing Durable Power of Attorney. 

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