HP Higher Judicial Service (District Judge) key terms

A bar under Section 11 CPC preventing a party from suing again on a matter already decided by a competent court between the same parties, so that finality attaches to the earlier judgment.

Explanation IV to Section 11 CPC: a ground of defence or attack that might and ought to have been raised in the earlier suit is deemed decided, and cannot be litigated later.

Section 10 CPC: a civil court stays trial of a later suit where the matter in issue is already directly and substantially in issue in a previously instituted suit between the same parties.

The bundle of facts which, if proved, entitles the plaintiff to the relief claimed; it determines jurisdiction, joinder of parties and the court fee payable.

Order VII Rule 11 CPC: the court rejects a plaint where it discloses no cause of action, is barred by law, is undervalued, or where the plaintiff fails to comply with directions on deficiency.

The pleading filed by the plaintiff under Order VI and VII CPC, stating the facts constituting the cause of action, the relief claimed and the valuation of the suit.

The defendant's pleading under Order VIII CPC responding to each material averment of the plaint, raising specific denials, affirmative defences and any set-off or counterclaim.

Order XIV CPC: the court, on the pleadings and after examination of parties, formulates the material questions of fact and law on which the right decision of the suit depends.

Sections 101 to 104 of the Bharatiya Sakshya Adhiniyam: the obligation of a party to establish a fact by evidence; it lies on the party who asserts the affirmative of an issue.

The degree of persuasion required: proof beyond reasonable doubt in criminal trials, and preponderance of probabilities in civil cases, with a higher degree in serious allegations such as fraud.

Proof of a fact by inference from a chain of established circumstances which, taken together, must be consistent only with the guilt of the accused and exclude every reasonable hypothesis of innocence.

A witness who resiles from the statement given during investigation, permitting the court to treat him as adverse and to permit cross-examination by the party calling him.

A statement made to a police officer during investigation, recorded in writing but not signed by the maker; it is not substantive evidence and is usable only to contradict under the Evidence Act.

A statement or confession recorded by a Magistrate during investigation with prescribed safeguards; a confession so recorded is substantive evidence if found voluntary.

A statement made by a person about the cause of his death or the circumstances of the transaction resulting in it, admissible as an exception to hearsay even without the maker being examined.

Section 228 or 240 of the Bharatiya Nagarik Suraksha Sanhita: the court, on considering the police report and documents, reduces the accusation into a written, precise charge that the accused must answer.

The formal written accusation specifying the offence, the time and place of its commission and the particulars necessary to give the accused clear notice of what he must meet at trial.

An order releasing an accused without trial where the material on record does not disclose sufficient ground to proceed, distinct from acquittal which follows a full trial.

The statutory right to release on bail where investigation is not completed, or the charge-sheet not filed, within the prescribed period, provided the accused is willing to furnish bail.

Pre-arrest bail granted by a court to a person apprehending arrest in a non-bailable offence, usually subject to conditions such as cooperation with investigation and non-tampering of evidence.

Release of an accused from custody pending trial or appeal, on furnishing security, on the court being satisfied that he will attend proceedings and not obstruct justice.

A finding that the prosecution has failed to prove the charge beyond reasonable doubt, resulting in the accused being set free; it does not bar a civil suit on the same facts.

The constitutional and statutory bar on a second prosecution for the same offence after conviction or acquittal, protecting a person from repeated exposure to criminal liability for one act.

A plea in bar of trial asserting that the accused was previously acquitted of the same offence by a competent court, founded on the rule against double jeopardy.

The mental element of an offence, such as intention, knowledge or rashness, which must accompany the prohibited act unless the statute excludes it by plain words.

The prohibited physical act or omission that constitutes the external element of a crime; it must be voluntary and correspond to the conduct described in the offence definition.

An agreement between two or more persons to do or cause to be done an illegal act, or a legal act by illegal means, punishable even if the act is not carried out.

A shared prior design among persons who act in furtherance of it, making each liable for the criminal act done by any one of them in that common design.

Instigating, conspiring or intentionally aiding the doing of a thing, which makes the abettor liable even where the principal act is not completed as intended.

A constitutional or statutory remedy calling for the record of an inferior tribunal to quash a decision made without jurisdiction or in violation of natural justice.

A command directing a public authority to perform a public duty that it has refused or failed to perform, not available against a private person or the legislature acting legislatively.

The minimum fair procedure required of administrative and judicial bodies: an unbiased adjudicator and a hearing to the person whose rights or liabilities are being determined.

The right of a person to bring an action because of a sufficient interest or legal injury; in public interest litigation it is relaxed to permit any public-spirited person to approach the court.

Proceedings initiated for the enforcement of public rights, especially of disadvantaged groups, where the court relaxes ordinary pleading and locus standi rules to reach the real grievance.

A judicial or administrative decision that records the reasons for its conclusion, so that the affected party understands it and an appellate or reviewing court can test its legality.

The final decision of a court stating the grounds and the relief granted or refused; it must be self-contained, deal with every issue and be signed and dated as required.

The formal expression of an adjudication that conclusively determines the rights of parties in a suit; it may be preliminary or final and is appealable as provided.

The statutory period within which a suit, appeal or application must be instituted; expiry bars the remedy though it does not extinguish the underlying right.

The court's power to excuse delay in filing an appeal or application where the applicant shows sufficient cause, by a reasoned order, after notice to the other side.