AP Civil Judge Exam flashcards

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

Res Judicata

A final decision by a competent court on a matter directly and substantially in issue bars a later suit between the same parties or their privies on the same matter, under Section 11 CPC.

Order II Rule 2 CPC

Every suit must include the whole claim arising from the same cause of action; a later suit for an omitted portion is barred unless the court granted leave to omit it.

Temporary Injunction

An interlocutory order under Order XXXIX restraining a party until the suit is decided; it requires a prima facie case, irreparable injury, and balance of convenience.

Murder under Section 300

Culpable homicide becomes murder when the act is done with intention to cause death, intention to cause bodily injury sufficient in the ordinary course to cause death, or knowledge of its certainty.

Section 154 CrPC

Information about a cognizable offence is recorded in writing, read over to the informant, and signed; refusal to register is challenged by an application under Section 156(3).

Default Bail

Under Section 167 CrPC, an accused held in custody is entitled to bail if the investigation is not completed within 60 or 90 days, as applicable, and no charge sheet is filed.

Dying Declaration

A statement by a person about the cause of death or the circumstances of the transaction resulting in death is admissible under Section 32(1) of the Evidence Act, whatever the proceeding.

Section 27 Evidence Act

So much of the information given by an accused in custody as distinctly relates to the discovery of a fact may be proved, along with the fact discovered.

Leading Question

A question that suggests the answer expected, defined in Section 141; it is permitted in cross-examination and, with leave, in examination-in-chief on undisputed matters.

Basic Structure Doctrine

From Kesavananda Bharati, Parliament's amending power under Article 368 cannot destroy essential features such as supremacy of the Constitution, secularism, separation of powers, or judicial review.

Article 14

The State shall not deny equality before the law or equal protection of the laws; classification is valid only with intelligible differentia and a rational nexus to the object.

Article 32

The right to move the Supreme Court by appropriate proceedings for enforcement of fundamental rights; it is itself a fundamental right and cannot be suspended except as the Constitution provides.

Golden Rule

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

Mischief Rule

From Heydon's Case, interpretation considers the common law before the Act, the mischief it addressed, the remedy Parliament provided, and the true reason of the remedy.

Grundnorm

In Kelsen's pure theory of law, the basic norm that validates the entire legal order; every lower norm derives its validity from a higher norm up to the grundnorm.

Section 56 Contract Act

An agreement to do an impossible act is void; if performance becomes impossible by an event the promisor could not prevent, the contract becomes void when the event occurs.

Section 74 Contract Act

Where a sum is named as payable on breach, whether as penalty or liquidated damages, the court awards reasonable compensation not exceeding that sum.

Free Consent

Consent is free when not caused by coercion, undue influence, fraud, misrepresentation, or mistake, as defined in Section 14 of the Indian Contract Act.

Section 138 NI Act

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

Salomon v Salomon

A registered company is a legal person distinct from its members; the company's liabilities are its own, and members are liable only to the extent of unpaid share capital.

Section 118 NI Act

A presumption that every negotiable instrument was made or drawn for consideration and that the date on it is the date it was made or drawn.

Negligence Elements

Duty of care owed by the defendant, breach of that duty, causation linking the breach to the harm, and actual damage suffered by the plaintiff.

Absolute Liability

From M.C. Mehta v Union of India, an enterprise engaged in a hazardous activity is liable for harm caused by it without exceptions, even for inevitable accident.

Consumer under 2019 Act

A person who buys goods or hires services for consideration, including through online transactions, and includes a beneficiary of services under a contract of service.

Section 13B HMA

Mutual consent divorce under the Hindu Marriage Act; the parties must have lived separately for one year and the court must be satisfied that consent is genuine and the marriage cannot continue.

Section 6 Hindu Succession Act

As amended in 2005, a daughter is a coparcener by birth in joint family property and has the same rights and liabilities as a son, including the right to seek partition.

Section 25F ID Act

Conditions precedent to retrenchment: one month's notice or wages in lieu, and retrenchment compensation of fifteen days' average pay for each completed year of service.

Workman under ID Act

Section 2(s) includes skilled, semi-skilled, and unskilled manual, clerical, or technical work, and supervisory work below the wage ceiling; managerial work is excluded.

Polluter Pays Principle

The party responsible for pollution bears the cost of preventing or remedying the harm, including restoration of the environment, as applied in Indian environmental jurisprudence.

Public Trust Doctrine

The State holds natural resources such as water, air, and forests in trust for the public and cannot transfer them to private parties for private use.

Compound Interest Formula

Compound interest is P[(1+R/100)^T - 1], where P is principal, R the annual rate, and T the time in years, with annual compounding unless stated otherwise.

Successive Percentage Change

Two successive changes of a% and b% produce a net change of a + b + ab/100 percent; increases are positive and decreases negative in the formula.