Indian Legal English: Common Errors and Preferred Alternatives for Court Practice

Category 1: Verb + Dropped Particles

Indian English Usage Standard English / Legal Usage Note
carry business carry on business “On” is essential; CPC itself uses “carry on business”
wind up a case dispose of a case “Wind up” is reserved for companies; cases are “disposed of”
take up a matter list / post a matter In court scheduling, “post” or “list” are court-specific terms
call out a witness summon a witness “Call out” is informal; “summon” is the legal term of art
go into evidence lead / adduce evidence “Go into” is colloquial; “lead” and “adduce” are standard
bring in documents produce / file documents “Bring in” is lay language; “produce” is the CPC term
put in an application file an application “Put in” is informal; “file” is the standard court term
take up an appeal prefer / file an appeal “Prefer an appeal” is the standard legal expression
set right an error rectify / correct an error “Set right” is informal; “rectify” is preferred in legal drafting
look into a matter examine / inquire into a matter “Look into” is informal; “inquire into” is the legal phrase

Category 2: Wrong Preposition Usage

Indian English Usage Standard English / Legal Usage Note
in a future day on a future date Days and dates always take “on” not “in”
on the said address at the said address Addresses take “at” not “on”
satisfied of the reasons satisfied as to / with the reasons “Satisfied of” is an Indianism; “satisfied as to” is standard
discuss about the matter discuss the matter “Discuss” never takes “about” — the object follows directly
reply the notice reply to the notice “Reply” always requires “to” before its object
return back the document return the document “Back” is redundant with “return”
revert back revert “Revert” already means to go back — “back” is redundant
order for payment order payment / direct payment “Order for” is an Indianism; the verb takes a direct object
request for an adjournment request an adjournment / apply for an adjournment “Request for” is an Indianism; “request” takes a direct object
service to a party service on a party Legal service is always “on” a party, never “to”
based on these facts he argued on the basis of / relying on these facts “Based on” used as a dangling participle is grammatically incorrect
appeal against the decree appeal from the decree The CPC uses “from”; “against” is informal though widely used
as per the judgment in accordance with / under the judgment “As per” is an Indianism; not used in formal legal writing

Category 3: Wrong Verb Collocations

Indian English Usage Standard English / Legal Usage Note
take effort make effort / endeavour Effort is always “made” never “taken”
take a decision make / render a decision Courts “render” decisions; parties “make” decisions
give a judgment pronounce / deliver a judgment Judgments are “pronounced” or “delivered” — not “given”
give an order pass / make an order Orders are “passed” or “made” in legal usage
pass a judgment pronounce / deliver a judgment “Pass” collocates with decrees and orders, not judgments
do a mistake make / commit an error Mistakes are “made” or “committed”
avail the remedy avail oneself of the remedy / resort to the remedy “Avail” is reflexive and must be “avail oneself of”
mention before the court submit / urge before the court “Mention” has a specific technical meaning; using it loosely is imprecise
prepone a hearing advance a hearing “Prepone” is an Indianism; “advance” is the correct opposite of “postpone”
do the needful take the necessary steps / comply accordingly “Do the needful” is a classic Indianism with no place in legal writing
intimate him notify / inform him “Intimate” used as a synonym for “inform” is an Indianism

Category 4: Noun Usage Errors

Indian English Usage Standard English / Legal Usage Note
doubt on the issue doubt about / doubt as to the issue “Doubt on” is an Indianism
companions of a party persons accompanying the party “Companions” has no legal meaning in court context
stay order order of stay / stay of proceedings “Stay order” is an Indianism; the correct form uses “stay” as a noun
out of station away / not available / on tour “Out of station” is an Indianism with no standard English equivalent
end result result / outcome “End result” is redundant — both words mean the same thing
remand custody judicial custody / remand “Remand custody” is redundant — “remand” implies custody
whereabouts is unknown whereabouts are unknown “Whereabouts” is always plural and takes a plural verb
exparte ex parte Must always be written as two words — it is a Latin phrase
interalia inter alia Must always be written as two words — it is a Latin phrase
the said person the person / the aforementioned person “The said” is archaic legalese; modern drafting prefers a clear reference

Category 5: Relative Pronoun and Clause Errors

Indian English Usage Standard English / Legal Usage Note
what all paragraphs which paragraphs “What all” is a distinctive Indianism with no standard equivalent
that which he stated what he stated “That which” is archaic; “what” is the standard modern form
the court which passed the court that passed “That” is preferred for restrictive relative clauses
persons who all attended persons who attended “Who all” is an Indianism; “who” alone suffices
howsoever it may be however it may be “Howsoever” is archaic except in specific contractual contexts
wherefrom he came from where / from which he came “Wherefrom” is archaic legalese best avoided in modern drafting

Category 6: Adverb and Conjunction Errors

Indian English Usage Standard English / Legal Usage Note
as and when required when required / as required “As and when” is a redundant conjunction — use one or the other
each and every party every party / each party “Each and every” is a redundant doublet — choose one
null and void void “Null and void” is a redundant doublet — “void” alone suffices in modern drafting
terms and conditions terms / conditions Often redundant — one word usually suffices depending on context
unless and until unless / until One word almost always suffices
any and all claims all claims / any claim Redundant doublet
true and correct accurate / correct Redundant doublet
forthwith immediately / without delay “Forthwith” is archaic; modern courts prefer plain language

Category 7: Informal Expressions Used in Legal Contexts

Informal / Indian Usage Standard Legal Usage Note
something like a plaint in the nature of / akin to a plaint “Something like” is conversational
end up in injustice result in / occasion injustice “End up in” is informal
does not come to court fails to appear / does not appear “Appear” is the correct legal term of art
somebody applies a party / the applicant applies “Somebody” is vague and informal
find out issues frame / determine / ascertain issues “Find out” is colloquial
put into action execute / enforce “Put into action” is lay language
no much value not much / little value “No much” is ungrammatical — a common spoken error carried into writing
bring in a fresh suit institute / file a fresh suit Suits are “instituted” or “filed” — never “brought in”
write off a debt waive / write off a debt “Write off” is acceptable in financial contexts but “waive” is preferred in legal instruments

Category 8: Imprecise Legal Terminology

Imprecise Usage Correct Legal Term Note
behavioural attributes of a witness demeanour of a witness “Demeanour” is the universal common law term of art
companions in court persons accompanying the party No such legal category as “companions” exists
substitution of service substitute service / in substitution of service “Substitution” used as an adjective is grammatically incorrect
defence side defendant / the defence “Defence side” is informal courtroom usage
prosecution side the prosecution / the State “Side” is informal in both instances
court hall courtroom / court “Court hall” is an Indianism; “courtroom” is standard
interlocutory application interlocutory application / interim application Both acceptable; “interlocutory” is the more precise term

Category 9: Punctuation and Article Errors Common in Indian Legal Writing

Common Error Correct Usage Note
“court’s decision” without “the” the court’s decision” The definite article before institutional nouns is frequently omitted in Indian writing
“in court” before the court” Lawyers appear “before” a court, not “in” it
exparte, interalia, primafacie ex parte, inter alia, prima facie All Latin phrases must be written as separate words
Viz. without comma viz., or namely “Viz.” must be followed by a comma; or replace with “namely”
i.e. and e.g. confused i.e., means “that is”; e.g., means “for example” These are frequently confused in Indian legal writing
Missing article before “cause of action” “disclose a cause of action” The indefinite article is routinely dropped before this phrase
“order for” without object order payment” / “direct compliance” The verb “order” takes a direct object without “for”

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