Delhi Judicial Service (DJS) key terms

A final judgment on the merits bars the same parties from litigating the same claim or issue again. Section 11 of the CPC codifies it to prevent multiplicity of suits and protect the conclusiveness of decisions.

An explanation to Section 11 CPC: a matter that might and ought to have been raised as a ground of attack or defence in an earlier suit is deemed decided against the party who omitted it, barring later litigation on it.

The formal expression of an adjudication that conclusively determines the rights of parties regarding the matters in controversy. Section 2(2) CPC distinguishes it from an order, which need not finally decide rights.

A decree passed against a defendant who fails to appear despite valid service, or who appears but is absent when the suit is called. It may be set aside under Order IX Rule 13 CPC on sufficient cause.

The written statement of claim by which a plaintiff institutes a civil suit, containing the court's jurisdiction, the cause of action, the facts, and the relief sought. Order VII CPC governs its contents and rejection.

The defendant's pleading responding to the plaint, admitting or denying allegations and raising defences. Order VIII CPC requires it to be filed within thirty days, extendable by the court, and permits set-off and counterclaim.

The bundle of essential facts that the plaintiff must prove to obtain relief. It determines jurisdiction, limitation, and whether a plaint discloses a cause of action fit to be rejected under Order VII Rule 11.

A statutory defence under Order VIII Rule 6 CPC allowing the defendant to plead a reciprocal debt or claim against the plaintiff, reducing or extinguishing the plaintiff's claim. It must be an ascertained sum, legally recoverable and due.

A claim by the defendant against the plaintiff, independent of the original suit, made under Order VIII Rule 6A CPC. It is treated as a plaint and may survive even if the plaintiff's suit is dismissed.

A temporary order under Order XXXIX Rules 1 and 2 CPC restraining a party from altering the status quo during litigation. Courts require a prima facie case, irreparable injury, and the balance of convenience.

An equitable remedy compelling a party to perform a contract as agreed, now governed by the Specific Relief Act, 1963. It is discretionary and usually granted where damages are inadequate, such as for unique or immovable property.

The time limit fixed by the Limitation Act, 1963 within which a suit, appeal, or application must be filed. Expiry bars the remedy but does not extinguish the right, and the defence must ordinarily be pleaded.

A judicially assessed reason that justifies condoning delay or absence, used in provisions such as Section 5 of the Limitation Act and Order IX Rule 13 CPC. Courts apply it liberally but require genuine, not invented, explanation.

Section 52 of the Transfer of Property Act provides that property in suit cannot be transferred to affect the rights of the other party. A purchaser during litigation takes subject to the final decree.

Let the buyer beware: the purchaser takes property subject to defects, unless the seller conceals them or the buyer relies on the seller's representations. The rule is relaxed by implied conditions in the Sale of Goods Act.

The mental element of an offence, such as intention, knowledge, recklessness, or negligence. Section 3(4) of the Bharatiya Nyaya Sanhita, 2023 codifies it, and the actus reus must ordinarily accompany it.

The prohibited physical act or omission that, combined with the required mental state, constitutes a crime. In Indian law it includes both acts and illegal omissions as defined in the Bharatiya Nyaya Sanhita.

A shared pre-arranged plan under Section 3(5) of the Bharatiya Nyaya Sanhita (formerly Section 34 IPC), making each participant liable for the criminal act done in furtherance of that common design.

An assembly of five or more persons with a common object of committing an offence or using criminal force. Section 189 of the Bharatiya Nyaya Sanhita governs it, and membership attracts liability for offences committed in prosecution of the common object.

Causing death by doing an act with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with knowledge that the act is likely to cause death, under Section 100 of the Bharatiya Nyaya Sanhita.

Culpable homicide falling within the aggravated clauses of Section 101 of the Bharatiya Nyaya Sanhita, such as intention to cause death or injuries sufficient in the ordinary course to cause death. Punishment is death or imprisonment for life.

An offence for which a police officer may arrest without a warrant and investigate without a magistrate's order, listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023.

A First Information Report records the earliest information about a cognizable offence, entered under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It sets the investigation in motion and is not itself substantive evidence.

The police report filed before a magistrate under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after investigation, stating the offences and the accused. The magistrate then takes cognizance and proceeds toward trial.

Release of an accused from custody pending trial, with or without sureties. The Bharatiya Nagarik Suraksha Sanhita distinguishes bailable and non-bailable offences and provides default bail where investigation is not completed within the prescribed period.

A direction under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 that a person apprehending arrest in a non-bailable offence be released on bail if arrested. It may impose conditions and is usually time-bound.

The obligation of a party to prove a fact. In criminal trials the prosecution must prove guilt beyond reasonable doubt, while Sections 101 to 114 of the Bharatiya Sakshya Adhiniyam, 2023 allocate and shift the burden in defined situations.

The foundational principle that an accused is presumed innocent until the prosecution proves guilt beyond reasonable doubt. It is reinforced by the right to silence and the requirement of a fair trial.

Proof of guilt by inference from a chain of circumstances rather than direct eyewitness testimony. Courts require the circumstances to be fully established, consistent only with guilt, and conclusive, excluding every reasonable hypothesis of innocence.

A witness who resiles from an earlier statement or fails to support the prosecution, and is permitted to be cross-examined by the party calling them. Their evidence is not automatically discarded and may be relied on in part.

A constitutional remedy under Article 32 or 226 commanding the production of a person detained, so the court can examine the legality of the detention. It protects personal liberty and is available against both state and private persons.

The legal principle or rule on which a court's decision rests, binding on lower courts as precedent. It must be distinguished from obiter dicta, which are incidental observations without binding force.

Remarks by a judge that are not necessary to the decision and therefore not binding as precedent, though they may carry persuasive weight. Courts distinguish them carefully from the ratio decidendi.

A writ under Article 32 or 226 commanding a public authority to perform a legal duty it has failed or refused to perform. It is not issued against a private individual or to enforce a purely contractual obligation.

Beyond the powers conferred by law. An act of a statutory body or company that exceeds its legal authority is void, a principle central to administrative law and to the powers of public authorities.

A friend of the court: a person or body, often a senior lawyer, invited or permitted to assist the court with submissions in a matter of public importance without being a party to the case.

On the court's own motion, without a party initiating proceedings. Indian courts often act suo motu in matters of public interest, constitutional importance, or to protect fundamental rights.

The right of a party to bring an action because they have a sufficient legal interest in the matter. Public interest litigation has relaxed the requirement in India for cases affecting the poor or marginalised.

At first sight; based on the initial appearance of the evidence, before full trial. A prima facie case is a threshold showing sufficient to call for an answer, as in granting interim injunctions or issuing summons.

A proceeding conducted in the absence of one party, usually after valid notice or where urgency requires it. Ex parte interim orders are typically of short duration and subject to variation after hearing the other side.