CS Executive JIGL flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Ratio decidendi

The legal principle or rule of law on which a court's decision is based; it binds subordinate courts under the doctrine of precedent.

Obiter dicta

Observations made by a judge that are not essential to the decision; they are persuasive only and do not bind lower courts.

Delegated legislation

Rules, regulations, or bye-laws made by an executive authority under powers conferred by a parent statute; valid only if the statute authorizes it.

Article 32

The constitutional right to move the Supreme Court for enforcement of fundamental rights; the Supreme Court may issue writs including habeas corpus and mandamus.

Article 14

Guarantees equality before the law and equal protection of laws; permits reasonable classification based on intelligible differentia with rational nexus to the objective.

Article 21

Protects life and personal liberty; no person may be deprived of these except according to procedure established by law, which must be fair and just.

Mischief rule

A rule of statutory interpretation that looks at the defect or mischief the statute was intended to remedy and construes the statute to suppress that mischief.

Golden rule

A rule of interpretation that applies the literal meaning unless it produces absurdity or repugnancy, in which case the court modifies the meaning to avoid the absurdity.

Generalia specialibus non derogant

A principle that special provisions prevail over general provisions; a general enactment does not override a specific one dealing with the same subject.

Section 6 General Clauses Act

Provides that repeal of an enactment does not affect rights acquired, liabilities incurred, or penalties incurred under the repealed law, unless a contrary intention appears.

Financial year

Under Section 3(21) of the General Clauses Act, 1897, the year commencing on 1 April; used for computation of statutory periods and accounts.

Audi alteram partem

The rule that no person shall be condemned unheard; a party must be given notice and a fair opportunity to present its case before an adverse order.

Nemo judex in causa sua

The rule that no one should be a judge in his own cause; any personal, pecuniary, or official interest in the matter disqualifies the decision-maker.

Legitimate expectation

A doctrine that a person may enforce an expectation arising from a promise or established practice, unless the authority shows overriding public interest.

Res ipsa loquitur

The thing speaks for itself; where the accident is of a kind that ordinarily does not happen without negligence and the thing was under the defendant's control, negligence is presumed.

Strict liability

Liability for escape of a dangerous thing from land used for non-natural purposes, without proof of negligence; subject to exceptions such as act of God or consent.

Injuria sine damno

A legal injury without actual damage; it is actionable because infringement of a legal right itself gives a cause of action in tort.

Consideration

Something of value given in return for a promise; under Section 2(d) it may move from the promisee or any other person and must be real and lawful.

Doctrine of frustration

Under Section 56 of the Contract Act, a contract becomes void when performance becomes impossible due to supervening events beyond the parties' control.

Specific performance

A discretionary equitable remedy under the Specific Relief Act, 1963, compelling a party to perform the contract as agreed rather than pay damages.

Ratification

Adoption by the principal of an unauthorized act of the agent; it requires full knowledge of facts and relates back to the date of the original act.

Undisclosed principal

A principal whose existence is not revealed by the agent to the third party; the principal may sue and be sued, and the agent may also be liable.

Particular lien

Under Section 170 of the Contract Act, a bailee's right to retain goods for services involving labour or skill until the agreed remuneration is paid.

Pledge

Under Section 172 of the Contract Act, a bailment of goods as security for payment of a debt or performance of a promise; the pawnee may sell on default after notice.

Section 138 NI Act

Makes dishonour of a cheque for insufficiency of funds an offence when the statutory notice is issued and payment is not made within 15 days of receipt.

Independent director

A director who has no material pecuniary relationship with the company; prescribed classes of companies must appoint such directors under Section 149 of the Companies Act, 2013.

Designated partner

Under the LLP Act, 2008, a partner designated as such under the LLP agreement; an LLP must have at least two designated partners, one resident in India.

Unpublished price-sensitive information

Information relating to a company that is not generally available and could materially affect the price of its securities; trading on it is prohibited under SEBI insider trading rules.

Abuse of dominant position

Under Section 4 of the Competition Act, 2002, conduct by a dominant enterprise that limits competition, such as predatory pricing or denial of market access.

Res judicata

Under Section 11 CPC, a matter directly and substantially in issue in a former suit cannot be relitigated between the same parties by a court of competent jurisdiction.

Section 5 Limitation Act

Allows a court to condone delay in filing an appeal or application if sufficient cause is shown; it does not apply to suits.

Section 66C IT Act

Criminalizes identity theft, including fraudulent use of another person's electronic signature, password, or unique identification feature; punishable with imprisonment up to 3 years and fine.