Assam Judicial Service (Grade III) flashcards

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

Preliminary examination function

The objective preliminary test screens candidates for eligibility to sit the Main Written Examination; it is a qualifying gate, and its marks do not ordinarily enter the final merit computation.

Negative marking

A scoring rule under which an incorrect answer deducts marks while an unattempted question scores zero; the exact deduction is fixed by the current commission advertisement.

Article 32

The constitutional 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.

Article 226

Confers writ jurisdiction on High Courts for enforcement of fundamental rights and for any other legal right; the High Court's power is wider than the Supreme Court's under Article 32.

Section 9 CPC

Civil courts have jurisdiction to try all suits of a civil nature except suits expressly or impliedly barred; it is the foundational provision on civil court jurisdiction.

Order VII Rule 11 CPC

Empowers the court to reject a plaint where it discloses no cause of action, is barred by law, is under-valued, or where the plaintiff fails to supply required particulars or relief.

Section 80 CPC

Requires two months' prior notice to the government before instituting a suit against it or a public officer, with limited exceptions such as urgent injunctive relief.

Section 154 CrPC

Requires information relating to a cognizable offence to be recorded in writing, read over to the informant, and signed; the corresponding provision now sits in the BNSS.

Section 161 CrPC

Authorises police to examine witnesses orally during investigation; such statements are not substantive evidence and are usable only for contradiction under section 145 of the Evidence Act.

Section 300 IPC

Defines murder and lists exceptions that reduce murder to culpable homicide not amounting to murder; the BNS carries the corresponding scheme with new numbering.

Article 20(3)

Protects an accused person from being compelled to be a witness against himself; the protection covers testimonial compulsion and does not extend to physical or documentary evidence.

Main examination character

The Main Examination is descriptive and problem-oriented, requiring the candidate to identify the issue, state the rule, apply it to facts, and reach a reasoned conclusion.

Issue-rule-application-conclusion

The standard structure for a judicial-service answer: frame the legal issue, state the governing rule with its section or article, apply it to the given facts, and close with a definite conclusion.

Order VI Rule 17 CPC

Governs amendment of pleadings; the court may allow amendment at any stage where it is necessary to determine the real question in controversy, subject to the bar after trial begins.

Order XXXIX Rules 1-2

Provide for temporary injunctions and interlocutory orders; the applicant must show a prima facie case, irreparable injury, and the balance of convenience in his favour.

Section 6 Specific Relief Act

Allows a person dispossessed of immovable property without due process to recover possession by a summary suit within six months, notwithstanding any other title.

Section 10 Specific Relief Act

After the 2018 amendment, specific performance of a contract is the rule rather than discretionary relief, subject to the bars in sections 14 and 16 of the Act.

Section 53A Transfer of Property Act

The doctrine of part performance protects a transferee in possession under a written but unregistered contract, provided he has performed or is willing to perform his part.

Section 299 IPC

Defines culpable homicide as causing death by an act with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with knowledge of that likelihood.

Common intention versus object

Common intention under section 34 IPC requires a prior meeting of minds for a criminal act; common object under section 149 IPC requires membership of an unlawful assembly with that object.

Burden of proof

Sections 101 to 104 of the Evidence Act allocate the burden: the party who desires a court to give judgment on a fact must prove it, with the burden shifting in specified situations.

Basic structure doctrine

The Supreme Court's holding that Parliament cannot amend the Constitution so as to destroy its essential features, including supremacy of the Constitution, separation of powers and judicial review.

Article 141

Declares that the law declared by the Supreme Court is binding on all courts within the territory of India; a larger bench decision prevails over a smaller bench decision.

Article 21 procedural fairness

Protection of life and personal liberty extends to fair procedure; deprivation must be under a just, fair and reasonable law, not merely under any enacted procedure.

Section 15 Contract Act

Defines coercion as committing or threatening any act forbidden by the IPC, or unlawful detaining of property, to cause a person to enter into an agreement.

Section 14 Specific Relief Act

Lists contracts that cannot be specifically enforced, including contracts for personal service and contracts whose performance depends on the personal qualifications of a party.

Viva voce purpose

The interview assesses the candidate's personality, mental alertness, grasp of law as a working discipline, and suitability for judicial office, rather than re-testing the written syllabus.

Final merit computation

Final selection is based on Main Examination marks plus interview marks under the commission's scheme; the preliminary screening score does not carry forward to the final merit list.

Judicial ethics: recusal

A judge should decline to sit where a reasonable apprehension of bias arises, since impartiality must be both actual and apparent to sustain public confidence in the court.

Bangalore Principles

Six recognised standards of judicial conduct: independence, impartiality, integrity, propriety, equality, and competence and diligence; they are the standard reference for viva ethics questions.

Gauhati High Court jurisdiction

The Gauhati High Court is the common High Court for Assam, Nagaland, Mizoram and Arunachal Pradesh, with its principal seat at Guwahati and permanent benches elsewhere.

Lok Adalat settlement

A Lok Adalat award is deemed a decree of a civil court and is final, with no appeal lying against it; the forum is used for compromise settlement of pending or pre-litigation disputes.

Hypothetical questioning

The panel poses a short fact situation and asks what order the candidate would pass, expecting identification of jurisdiction, the governing provision, and the operative order.