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Microlesson · 5-min read

Glossary of Legal Terms (Profit a prendre, Mandamus, Writ, Repeal, Obliterate)

# Glossary of Key Legal Terms

A short glossary of expressions used throughout the General Clauses Act and statutory interpretation.

TermMeaning
Profit à prendreA right to take from land owned by another person part of the natural produce grown on that land OR part of the soil, earth or rock comprising the land. (A right of taking)
MandamusA judicial writ issued as a command to an inferior court OR ordering a person to perform a public or statutory duty.
WritA form of written command in the name of a court or other legal authority to act.
Repeals the ActRevokes / Annuls — i.e., gets rid of the Act (law).
ObliterateTo wipe out / make disappear (e.g., a provision erased from the statute).

## Quick Notes

  • Mandamus is one of the 5 constitutional writs (along with Habeas Corpus, Certiorari, Prohibition, Quo Warranto) — issued under Articles 32 and 226.
  • Profit à prendre is distinguished from an easement — an easement is a right of use/access; a profit à prendre is a right of taking something away.
  • Repeal can be express (specifically stated) or implied (where a new Act is inconsistent with an old one).

Worked example

### Example 1

Profit à prendre — Illustration

A villager has a customary right to cut firewood from a private forest owned by Z. This right is a profit à prendre (taking natural produce from another's land).

⚠️ Common exam mistakes

  • Confusing Mandamus with Certiorari — Mandamus commands action; Certiorari quashes an order.
  • Treating 'repeal' and 'amendment' as synonyms — they are distinct: repeal removes; amendment modifies.
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