AIBE flashcards

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

Basic structure doctrine

A constitutional principle from Kesavananda Bharati v. State of Kerala (1973) holding that Parliament cannot amend the Constitution so as to destroy its essential features, even under Article 368.

Article 32 writ jurisdiction

The right to move the Supreme Court for enforcement of fundamental rights; the Court may issue habeas corpus, mandamus, prohibition, certiorari, and quo warranto. It is itself a fundamental right.

Article 226 writ jurisdiction

The High Court's power to issue writs for enforcement of fundamental rights and for any other legal right; it is wider than Article 32 because it covers non-fundamental legal rights too.

Res judicata

Section 11 CPC: a matter directly and substantially in issue in a former suit between the same parties, decided by a competent court, cannot be re-litigated in a subsequent suit.

Mens rea and actus reus

The two elements of a crime: a guilty mind (intention, knowledge, or recklessness) and a prohibited act or omission. Both must concur for criminal liability, subject to strict liability offences.

Cognizable offence

An offence for which police may arrest without a warrant and investigate without a magistrate's order, as listed in the First Schedule of the criminal procedure code.

Bailable offence

An offence in which bail is a matter of right for the accused, as opposed to a non-bailable offence where bail is at the court's discretion.

Hearsay rule

A statement made out of court offered to prove the truth of its contents is generally inadmissible; exceptions include dying declarations, admissions, and statements in the course of business.

Standard of proof

The degree of certainty required: beyond reasonable doubt in criminal cases, and preponderance of probabilities in civil cases. This distinction governs burden of proof analysis.

Consideration under Section 2(d)

An act, abstinence, or promise by the promisee at the promisor's desire. A contract without consideration is void except under Section 25 exceptions such as natural love and affection.

Minor's agreement

An agreement by a person under eighteen is void ab initio under Mohori Bibee v. Dharmodas Ghose (1903); the minor cannot be bound, though necessaries supplied may be recovered from the estate.

Free consent

Consent not caused by coercion, undue influence, fraud, misrepresentation, or mistake. Consent caused by any of these is voidable at the option of the aggrieved party.

Vicarious liability in torts

Liability of a master for torts committed by a servant in the course of employment; the control test and the course-of-employment test determine whether the relationship exists.

Strict and absolute liability

Strict liability (Rylands v. Fletcher) applies to escape of dangerous things from land with exceptions; absolute liability (M.C. Mehta) applies to hazardous enterprises without exceptions.

Negligence elements

Duty of care owed to the claimant, breach of that duty, causation of damage, and damage that is not too remote; all four must be established for a negligence claim.

Doctrine of part performance

Section 53A Transfer of Property Act: a transferee in possession under a written contract may defend possession against the transferor, though it does not confer title.

Easement

A right enjoyed by the owner of one tenement over another tenement for the beneficial enjoyment of the dominant tenement; it is a right over a thing, not ownership.

Hindu joint family coparcenary

The body of persons who acquire an interest by birth in joint family property; the Hindu Succession (Amendment) Act, 2005 made daughters coparceners by birth.

Doctrine of pious obligation

A Hindu son's obligation to pay the father's debts contracted for an immoral or illegal purpose is not enforceable; the doctrine was limited by the 2005 amendment.

Doctrine of indoor management

Turquand rule: an outsider dealing with a company in good faith may assume internal procedures were complied with, unless the outsider had notice of irregularity.

Lifting the corporate veil

Disregarding separate legal personality to reach the members behind a company, typically for fraud, tax evasion, or where the company is a mere sham or agent.

Salomon v. Salomon principle

A company is a legal person distinct from its members; a shareholder's liability is limited to the unpaid amount on shares, and the company's debts are its own.

Doctrine of natural justice

Two core rules: audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be judge in their own cause). Both govern administrative action.

Administrative tribunal review

Tribunals exercise quasi-judicial functions, but High Courts retain judicial review under Articles 226 and 227 over their decisions, including on jurisdictional error.

Industrial dispute definition

Under the Industrial Disputes Act, 1947, a dispute between employers and workmen connected with employment, non-employment, terms of employment, or conditions of labour of any person.

Polluter pays principle

An environmental law principle that the party responsible for pollution bears the cost of managing it, including remediation; applied in Indian environmental jurisprudence, notably by the Supreme Court.

Precautionary principle

Where there is a threat of serious or irreversible environmental damage, lack of full scientific certainty shall not be used to postpone cost-effective measures to prevent it.

Public interest litigation

Relaxation of locus standi allowing any public-spirited person to approach the court for enforcement of fundamental rights of those unable to do so themselves.

Advocate's duty to court

Under the Advocates Act and BCI Rules, an advocate must act with dignity, not mislead the court, and not withhold authorities; the duty to the court ranks above the client's interest.

Prohibition on advertising

BCI Rule 36 bars advocates from soliciting work or advertising, directly or indirectly. Permitted exceptions include a nameplate and directory listings of limited scope.

Conflict of interest

An advocate may not represent two parties with adverse interests in the same matter, nor accept a brief where confidential information from a former client could be used against them.

Section 138 NI Act

Dishonour of a cheque for insufficiency of funds is an offence if a demand notice is served within 30 days of intimation and payment is not made within 15 days of notice.