Assam Judicial Service (Grade III) key terms

A bar on re-litigating a matter already decided by a competent court between the same parties, so that a final judgment binds them and their successors in later suits on the same issue.

The rule that a plaintiff who omits a ground or claim that could have been raised in an earlier suit cannot raise it afterwards; the omitted matter is treated as decided against them.

The formal expression of an adjudication that conclusively determines the rights of parties in a suit, whether by dismissing the suit or deciding a claim; it excludes interlocutory orders that do not settle rights.

A decree that decides some issue or liability but leaves the actual relief, such as the amount payable or the final partition, to be worked out in a later stage of the same suit.

The right of a person to be heard by a court because they have a sufficient legal interest in the subject matter; a stranger without such interest cannot maintain the action.

The bundle of facts that a plaintiff must prove to obtain relief; it gives the suit its foundation and determines jurisdiction, limitation and the proper court in which to file.

The written statement by which a plaintiff institutes a civil suit, setting out the facts, the cause of action, the relief claimed and the court's jurisdiction to entertain the claim.

The defendant's formal reply to the plaint, admitting or denying each allegation and raising defences and counterclaims; it frames the pleadings and narrows the disputed issues for trial.

The stage at which the court, after reading the pleadings and hearing the parties, identifies the material questions of fact and law in dispute and records them for decision at trial.

The obligation on a party to establish a fact by evidence; the party who asserts a fact must prove it, and the burden may shift during trial as evidence is led.

The degree of certainty required to establish a case: proof beyond reasonable doubt in criminal trials, and preponderance of probabilities or balance of probabilities in civil proceedings.

The rule that where the prosecution has not proved guilt beyond reasonable doubt, the accused must be acquitted; it is a safeguard of the presumption of innocence, not a favour shown to the guilty.

The principle that every accused person is presumed innocent until the prosecution proves guilt beyond reasonable doubt; it underlies bail, burden of proof and the treatment of the accused during trial.

The release of an accused person from custody, usually on furnishing security, pending trial or appeal; refusal of bail must rest on reasons such as flight risk, tampering or danger to society.

A direction that if a person is arrested in a particular non-bailable offence, they shall be released on bail; it is protective relief granted before arrest, not a blanket immunity from prosecution.

An offence for which a police officer may arrest without a warrant and may investigate without the magistrate's order; the First Information Report is registered for such offences.

An offence for which a police officer cannot arrest without a warrant and cannot investigate without the magistrate's order; a complaint is typically filed before the magistrate instead.

The First Information Report: the earliest record, usually by police, of information about a cognizable offence, which sets investigation in motion and is used to test the prosecution's account.

The report police file after investigation listing the accused, the offences and the evidence; the magistrate then decides whether to take cognizance and proceed toward framing of charges.

The court's formal statement of the specific offences the accused is alleged to have committed, read and explained to the accused so that they know exactly what case they must answer.

Criminal proceedings started by a private person's complaint to a magistrate, as opposed to a police report; the complainant leads evidence and the magistrate may examine the accused.

A criminal case relating to an offence punishable with imprisonment of two years or less, tried in a simplified manner; other cases are warrant cases, tried under a fuller procedure.

A finding that the accused is not guilty of the charge; it may be an honourable acquittal where the evidence falls short, or a benefit given on technical grounds after full trial.

Settlement of a criminal case by agreement between the parties, permitted only for specified offences and with the court's approval, ending the prosecution and barring further proceedings.

A procedure in which the accused pleads guilty in exchange for a mutually agreed disposition, available only for specified offences and subject to the court's satisfaction that the plea is voluntary.

The constitutional principle that Parliament's amending power cannot destroy the essential features of the Constitution, such as judicial review, federalism and the rule of law.

The power of constitutional courts to examine legislative and executive action for conformity with the Constitution and to declare it void when it exceeds constitutional limits or violates fundamental rights.

An application to a High Court or the Supreme Court seeking a writ such as habeas corpus, mandamus, certiorari, prohibition or quo warranto for enforcement of fundamental rights or other legal purposes.

A writ commanding the person detaining another to produce that person before the court and justify the detention; it protects personal liberty against unlawful or arbitrary custody.

Litigation brought by a person or organisation on behalf of those unable to approach the court themselves, relaxing the usual rules of locus standi to secure relief for a public cause.

Methods of settling disputes outside ordinary trial, chiefly arbitration, conciliation, mediation and Lok Adalat; they are generally faster, cheaper and confidential compared with litigation.

Reference of a dispute to a neutral arbitrator or tribunal chosen by the parties, whose award is binding and enforceable, with limited court interference except for setting aside the award.

The decision of an arbitral tribunal on the disputes referred to it; it is final and binding on the parties and may be enforced as a decree of a court, subject to challenge on limited grounds.

A people's court constituted under statute to settle disputes by conciliation; its award is final, binding and not appealable, and it cannot decide matters involving non-compoundable offences.

The legal principle or reason on which a court's decision rests; it is the binding part of a judgment that later courts must follow under the doctrine of precedent.

Observations in a judgment that go beyond the facts and the point necessary for the decision; they are persuasive but not binding on later courts as precedent.

The doctrine that courts should stand by decided cases and follow earlier rulings of superior courts, giving certainty and consistency to the law while allowing development in appropriate cases.

The oral interview stage of the selection process, where the board assesses the candidate's knowledge of law, reasoning, communication, general awareness and suitability for judicial office.