Bihar Civil Judge Exam key terms

A rule barring a fresh suit on a matter already finally decided between the same parties by a competent court, so that litigation ends and parties are not harassed twice.

A rule deeming a matter that ought to have been raised in an earlier suit, but was not, to have been decided, preventing it from being litigated later.

The written statement of claim by which a plaintiff institutes a civil suit, setting out facts, cause of action, jurisdiction and the relief sought.

The bundle of facts which, if proved, entitles the plaintiff to the relief claimed; it determines jurisdiction and the point when limitation begins to run.

A decree passed against a defendant who fails to appear or file a written statement despite proper service, which may later be set aside on sufficient cause.

The defendant's pleading replying to the plaint, admitting or denying allegations and raising legal objections and counter-claims.

The earliest report of a cognizable offence recorded by police, which sets the investigation in motion and may be used to corroborate or contradict the informant.

An offence for which a police officer may, without a magistrate's warrant, arrest a person and investigate, as listed in the First Schedule of the procedure code.

The final report police file before a magistrate after investigation, stating the offence made out and the accused to be tried.

The right of an accused to be released where investigation is not completed and a charge-sheet not filed within the statutory period, unless further detention is justified.

The conditional release of an accused pending trial or appeal, usually on furnishing security, on the court being satisfied that custody is unnecessary.

A direction that a person apprehending arrest in a non-bailable offence be released on bail if arrested, granted by a court before custody begins.

The guilty mental state required for criminal liability, such as intention, knowledge or rashness, which must accompany the prohibited act.

The prohibited physical act or omission that, combined with the required mental state, makes up the offence charged.

Causing death by an act done with intention to cause death or bodily injury likely to cause death, or with knowledge that death is likely.

Culpable homicide falling within the aggravated categories, such as intention to cause death or injury sufficient in the ordinary course to cause death.

A pre-arranged plan shared by several persons, each of whom becomes liable for the criminal act done in furtherance of that shared design.

Instigating, conspiring with, or intentionally aiding another to commit an offence, punishable even where the offence is not actually committed in some cases.

A statement by a person about the cause of his death or circumstances of the transaction, admissible even though the maker cannot be cross-examined.

An out-of-court assertion offered to prove its truth, generally inadmissible unless it falls within a recognised exception such as dying declaration.

The logical connection between a fact and the fact in issue that makes the former admissible as evidence in the proceeding.

A statement, oral or written, by a party suggesting an inference as to a fact in issue, which may be proved against that party.

An admission of guilt by an accused, admissible only if voluntary; confessions to police are barred, though the discovery exception may apply.

The obligation on a party to establish a fact by evidence; in criminal trials it rests on the prosecution, which must prove guilt beyond reasonable doubt.

An act by which a living person conveys property to one or more other living persons, or to himself and others, presently or in future.

A transfer of ownership in immovable property for a price paid or promised, completed by a registered instrument where the value is significant.

A transfer of an interest in immovable property as security for a loan, giving the mortgagee a right to realise the debt from the property.

A right enjoyed by the owner of one land over the land of another, such as a right of way, for the beneficial use of his own land.

Consent given without coercion, undue influence, fraud, misrepresentation or mistake, and therefore capable of binding the parties to a contract.

Something of value given by each party in exchange for the other's promise, which makes an agreement enforceable as a contract.

An agreement enforceable at the option of the aggrieved party, which may be rescinded or affirmed, typically because consent was not free.

A court order compelling a party to carry out a contractual promise, granted where damages would not be an adequate remedy.

A discretionary order restraining a party from doing, or requiring him to do, a specified act, used to protect legal rights.

A joint Hindu family body of persons holding ancestral property by birth, with rights of survivorship and partition.

The division of joint family property among coparceners, converting their fluctuating shares into definite, separately owned portions.

A school of Hindu law, followed in Bengal, in which sons acquire rights in ancestral property only on the father's death, not by birth.

In Muslim law, the sum of money or property payable by the husband to the wife as part of the marriage contract, either promptly or on deferred terms.

A form of dissolution of a Muslim marriage by the husband, subject to statutory safeguards and the requirement of pronouncement in prescribed manner.

The formal recording of documents such as sale deeds with the government office, which gives public notice and preserves priority.

The statutory time within which a suit or application must be filed, after which the remedy is barred though the underlying right survives.

A constitutional guarantee that no person shall be deprived of life or personal liberty except according to procedure established by law.

A formal order issued by a constitutional court to enforce fundamental rights or supervise inferior tribunals, such as habeas corpus or certiorari.

Basic freedoms guaranteed in Part III of the Constitution, enforceable against the state by petition to the Supreme Court or a High Court.

The power of courts to examine whether legislative or executive action conforms to the Constitution and to strike it down if it does not.