CG Civil Judge Exam flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Res Judicata
- Section 11 CPC bars a subsequent suit on the same matter between the same parties where the prior court was competent and the matter was finally decided.
- Order II Rule 2 CPC
- Requires a plaintiff to include the whole claim in one suit; relinquishing a portion bars a later suit for the omitted part unless leave is obtained.
- Temporary Injunction
- Order XXXIX CPC allows the court to grant an injunction during the pendency of a suit if a prima facie case, irreparable injury, and balance of convenience are shown.
- Second Appeal
- Under Section 100 CPC, a second appeal lies to the High Court only if the case involves a substantial question of law, not on questions of fact.
- Culpable Homicide
- Section 299 IPC defines culpable homicide as causing death by an act done with the intention of causing death, or of causing bodily injury likely to cause death, or with knowledge.
- Murder
- Section 300 IPC defines murder as culpable homicide falling within four clauses, including intention to cause death or knowledge that the act is imminently dangerous, absent exceptions.
- Section 154 CrPC
- Requires every information about a cognizable offence to be reduced to writing, read over to the informant, and entered in a book, with a free copy given to the informant.
- Section 167 CrPC
- Allows detention beyond 24 hours only on a special order; police custody is limited to 15 days, and judicial custody to 60 or 90 days depending on the offence.
- Section 125 CrPC
- Provides maintenance for a wife, children, and parents unable to maintain themselves, applicable irrespective of religion, enforceable by a Magistrate.
- Burden of Proof
- Section 101 of the Evidence Act places the burden on the person who asserts a fact; Section 102 shifts it to the party who would fail if no evidence were given.
- Dying Declaration
- Section 32 of the Evidence Act makes a statement of a dying person relevant as to the cause of death or circumstances of the transaction resulting in death.
- Section 65B Certificate
- Electronic records are admissible if accompanied by a certificate identifying the record and the device used to produce it, as required by Section 65B of the Evidence Act.
- Section 114 Presumption
- The court may presume the existence of facts likely to have happened in the ordinary course of nature, such as that a person in possession of stolen goods soon after theft is the thief or receiver.
- Article 12
- Defines 'State' for fundamental rights to include Parliament, Government of India, State legislatures, State governments, local authorities, and other authorities under Government control.
- Article 14
- Guarantees equality before law and equal protection of laws; permits reasonable classification based on intelligible differentia with a rational nexus to the object.
- Article 21
- Protects life and personal liberty, stating no person shall be deprived of them except according to procedure established by law; includes rights to fair trial, privacy, and dignity.
- Article 32
- Grants the Supreme Court power to issue writs of habeas corpus, mandamus, prohibition, quo warranto, and certiorari for enforcement of fundamental rights.
- Basic Structure Doctrine
- Derived from Kesavananda Bharati, it holds that Parliament cannot amend the Constitution to destroy its essential features, such as secularism, federalism, and judicial review.
- Grundnorm
- Kelsen's pure theory posits a basic norm (Grundnorm) from which all other legal norms derive their validity, forming a hierarchy of norms.
- Rule of Recognition
- Hart's secondary rule that validates primary rules by providing criteria for identifying law, such as enactment by the legislature or judicial precedent.
- Legal Positivism
- A theory that law is what is posited by the sovereign or recognized by a rule of recognition, separate from morality; unjust laws may still be valid laws.
- Hohfeld's Analysis
- Analyzes legal relations into eight jural opposites and correlatives: right, duty, privilege, no-right, power, liability, immunity, and disability.
- वादकारण
- वादकारण का अर्थ उन तथ्यों से है जो वादी को न्यायालय में वाद लाने का अधिकार देते हैं; अभिवचन में इसे स्पष्ट रूप से लिखा जाना चाहिए।
- शपथपत्र
- शपथपत्र एक लिखित बयान है जो शपथ लेकर दिया जाता है; इसमें तथ्यों का सत्यापन और शपथ लेने वाले का हस्ताक्षर अनिवार्य होता है।
- पूर्वन्याय
- पूर्वन्याय (res judicata) का सिद्धांत किसी विवाद के पहले से न्यायालय द्वारा अंतिम रूप से निर्णीत होने पर पुनः उसी विवाद पर वाद बार करता है।
- विधिक अनुवाद
- विधिक अनुवाद में 'shall' के लिए 'करेगा' और 'may' के लिए 'कर सकेगा' का प्रयोग करें; शाब्दिक अनुवाद के स्थान पर पारिभाषिक शब्दों का प्रयोग करें।
- Cause of Action
- A set of facts that gives a person the right to seek judicial relief; it must be stated concisely in the plaint under Order VII Rule 1 CPC.
- Shall vs May
- In legal drafting, 'shall' imposes a mandatory obligation, while 'may' confers discretion; misuse can lead to ambiguity and litigation.
- Affidavit Verification
- An affidavit must include a verification clause stating that the contents are true to the knowledge of the deponent, and it must be sworn before a competent authority.
- Ratio Decidendi
- The legal principle or rule of law upon which a court's decision is based; it is binding on lower courts under the doctrine of precedent.
- Order XX Rule 1 CPC
- Requires the court to pronounce judgment in open court either at once or within 30 days from the conclusion of the trial, after hearing arguments.
- Section 354 CrPC
- Mandates that a criminal judgment contain the point or points for determination, the decision thereon, and the reasons for the decision.