HP Higher Judicial Service (District Judge) flashcards

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

Res judicata

Section 11 CPC bars a second suit on the same matter between the same parties litigating under the same title before a competent court; Explanation IV extends it to matters constructively in issue.

Order II Rule 2 CPC

A suit must include the whole claim arising from the cause of action; omission bars a later suit on the same cause of action, but a claim accruing later may be sued with leave.

Section 34 CPC interest

Pendente lite and future interest are discretionary; future interest above 6% per annum requires reasons in writing recorded by the court.

Section 100 CPC second appeal

A second appeal lies to the High Court only where the case involves a substantial question of law; concurrent findings of fact cannot be reopened merely because another view is possible.

Section 103 BNS murder

Section 103 of the Bharatiya Nyaya Sanhita, 2023 corresponds to murder under Section 300 IPC and carries the same five exceptions and punishment structure.

Section 173 BNSS FIR

Section 173 BNSS replaces Section 154 CrPC; Section 173(3) permits a preliminary enquiry within 14 days for offences punishable with three to seven years.

Default bail BNSS

Section 187 BNSS replaces Section 167 CrPC; the accused becomes entitled to default bail if investigation is incomplete and no charge sheet is filed within 60 or 90 days.

Article 14 classification test

Article 14 permits reasonable classification based on intelligible differentia with a rational nexus to the object, while also barring manifest arbitrariness in State action.

Basic structure doctrine

Parliament cannot amend the Constitution to destroy essential features such as judicial review, separation of powers, free and fair elections and federalism.

Section 27 Evidence Act

So much of information given by an accused in police custody as relates distinctly to a fact discovered is admissible; it is not a confession provision.

Section 65B certificate

A certificate is mandatory for admissibility of electronic records as secondary evidence, as held in Anvar P.V. v. P.K. Basheer and Arjun Panditrao Khotkar.

Section 3 Limitation Act

Suits, appeals and applications filed after the prescribed period must be dismissed even if limitation is not set up as a defence; Section 5 condones delay only in appeals and applications.

Order XX Rule 1 CPC

A judgment must contain a concise statement of the case, the points for determination, the decision with reasons, and the relief granted or costs awarded.

Section 354 CrPC judgment

A criminal judgment must state the points for determination, the decision with reasons, the offence and punishment, and compensation under Section 357 where applicable.

Order XIV Rule 1 CPC

Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other; each material proposition may give rise to a separate issue.

Section 211 CrPC charge

A charge must state the offence with which the accused is charged, the law and section, and the time, place and manner of the offence.

Order VI Rule 2 CPC

Every pleading must contain a statement of material facts on which the party relies, but not the evidence by which those facts are to be proved.

Order VIII Rule 1 CPC

The defendant must file a written statement within 30 days of service of summons, extendable up to 90 days on payment of costs in exceptional cases.

Ratio decidendi

The legal principle on which a decision is based; it binds lower courts, while obiter dicta are observations not necessary to the decision and are persuasive only.

Article 141 Constitution

The law declared by the Supreme Court is binding on all courts in India; a larger bench prevails over a smaller bench, and a later coordinate bench prevails over an earlier one.

Section 106 Evidence Act

The burden of proving a fact especially within the knowledge of a person lies on that person, though this does not relieve the prosecution of proving its case beyond reasonable doubt.

Circumstantial evidence test

The circumstances must form a complete chain excluding every reasonable hypothesis of innocence, and each circumstance must be proved and consistent only with guilt.

Three new criminal laws

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam received assent on 25 December 2023 and came into force on 1 July 2024.

Electoral Bonds judgment

The Supreme Court in 2024 struck down the electoral bond scheme as violative of the right to information under Article 19(1)(a) of the Constitution.

Judicial bias test

A judge must not hear a case in which he or she has a personal, pecuniary or family interest; the test is whether a reasonable person would apprehend bias.

Section 89 CPC

The court may refer a dispute to arbitration, conciliation, judicial settlement including Lok Adalat, or mediation where there is a possibility of settlement.

Section 80 CPC notice

A two-month notice is required before suing the Government or a public officer, stating the cause of action and relief; urgent relief may be granted without notice.

Section 2 Contempt of Courts Act

Civil contempt is wilful disobedience of an order; criminal contempt is scandalising the court or interfering with the administration of justice.

Kesavananda Bharati

The 1973 judgment held that Parliament cannot amend the basic structure of the Constitution, laying down the basic structure doctrine.

Maneka Gandhi

The 1978 judgment held that procedure under Article 21 must be just, fair and reasonable, and that Articles 14, 19 and 21 are not mutually exclusive.

Section 437 CrPC bail

A Magistrate may grant bail in a non-bailable offence considering the nature of the offence, antecedents of the accused, and the risk of flight or tampering with evidence.

Section 436A CrPC

An undertrial prisoner who has served half the maximum sentence may be released on personal bond, subject to exceptions for serious offences.