Bihar Civil Judge Exam flashcards

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

Res judicata

A matter directly and substantially in issue in a former suit between the same parties, finally decided by a competent court, cannot be re-agitated in a later suit.

Order II Rule 2

Every suit must include the whole claim arising from the same cause of action; omission bars a later suit for the omitted part, except a relinquished portion sued for with court permission.

Order IX Rule 13

Provision allowing the defendant to apply to set aside an ex parte decree on showing sufficient cause or proving that summons was not duly served.

Second appeal

Appeal under Section 100 of the CPC lies to the High Court only where the case involves a substantial question of law, which must be framed at admission.

Default bail

Right to bail under BNSS Section 183 when investigation is not completed within 60 or 90 days, depending on the maximum punishment for the offence.

Zero FIR

An FIR registered by any police station regardless of territorial jurisdiction, later transferred to the competent station, introduced under BNSS Section 173.

Section 313 examination

Examination of the accused by the court to explain circumstances appearing in evidence; BNSS Section 359 permits written explanation and electronic mode.

Anticipatory bail

Direction under BNSS Section 482 (CrPC Section 438) that a person apprehending arrest for a non-bailable offence be released on bail if arrested.

Common intention

BNS Section 111 (IPC Section 34) requires a pre-arranged plan or prior meeting of minds; mere presence at the scene does not attract liability.

Culpable homicide

BNS Section 100 (IPC Section 299) covers causing death by intention, knowledge, or a rash act; murder under Section 101 is an aggravated form.

Theft

BNS Section 303 (IPC Section 378): dishonest taking of movable property out of another's possession without consent, with intention to take it dishonestly.

Dying declaration

BSA Section 57 (IEA Section 32) makes relevant a statement by a person as to the cause of death or circumstances of the transaction resulting in death.

Electronic record certificate

BSA Section 63(4) requires a certificate in the prescribed form, signed by the person in charge of the device, for admissibility of secondary electronic evidence.

Burden of proof

BSA Section 101 (IEA Section 101): the burden lies on the person who asserts a fact; Section 103 places it on the person seeking the court's belief.

Direct oral evidence

BSA Section 61 (IEA Section 60) requires oral evidence to be direct; hearsay is inadmissible except under recognized exceptions such as dying declarations.

Doctrine of part performance

Section 53A of the Transfer of Property Act protects a transferee in possession under a written contract who has performed his part and is willing to perform the rest.

Clog on redemption

Section 60 of the Transfer of Property Act: the mortgagor's right to redeem cannot be defeated or restricted by any agreement made at the time of the mortgage.

Prescriptive easement

Easements Act Section 15: a right of way or other easement acquired by peaceable, open, and continuous enjoyment as of right for 20 years over another's land.

Minor's agreement

Section 11 of the Contract Act: a person is competent to contract only on attaining majority and being of sound mind; a minor's agreement is void ab initio.

Section 74 damages

Liquidated damages are awarded as reasonable compensation not exceeding the stipulated sum; a penalty clause is not enforceable in full.

Specific performance

Specific Relief Act Section 10: after the 2018 amendment, specific performance is the general rule for breach of contract, not a discretionary exception.

Frustration

Section 56 of the Contract Act: an agreement becomes void when performance becomes impossible due to an act of God or a change of law.

Daughter as coparcener

Hindu Succession Act Section 6, after the 2005 amendment, makes a daughter a coparcener by birth with the same rights as a son in coparcenary property.

Mahr

Under Muslim law, dower is a contractual obligation payable by the husband to the wife, either prompt or deferred, and remains payable even after divorce.

Valid adoption

Hindu Adoptions and Maintenance Act Section 6 requires capacity in the adoptive parent, an adoptable child, and the ceremony of giving and taking.

Wasiyat

A Muslim will is valid only to the extent of one-third of the estate unless the heirs consent; it cannot be made in favour of an heir without consent.

Residuary limitation article

Limitation Act Article 113 prescribes 3 years from the date the right to sue accrues for suits for which no period is otherwise prescribed.

Section 49 registration

An unregistered document affecting immovable property is inadmissible as evidence of the transaction but may be used to prove collateral matters.

Article 54 limitation

A suit for specific performance must be filed within 3 years from the date fixed for performance, or from refusal if no date is fixed.

Article 32

The Supreme Court's writ jurisdiction for enforcement of fundamental rights; Article 226 gives High Courts wider writ jurisdiction for fundamental and other legal rights.

Article 14 classification

Equality before law permits classification if it is based on intelligible differentia that has a rational nexus to the object sought to be achieved.

Bihar Legislative Council

The upper house of the Bihar legislature has 75 members, including graduates' and teachers' constituencies, alongside the 243-member Legislative Assembly.

Bihar Land Reforms Act, 1950

State law that abolished the zamindari system in Bihar and vested intermediary rights in the State, forming the basis of agrarian reform.

Shall versus may

In legal drafting, 'shall' creates a mandatory obligation while 'may' confers discretion; the choice affects enforceability and must be used consistently.

Candid antonym

'Candid' means frank and open; its antonym is 'evasive', meaning indirect or avoiding a direct answer.