Gujarat Civil Judge flashcards

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

Res judicata

Section 11 CPC: a final decision on the same matter between the same parties or their privies by a competent court bars a later suit. A dismissal for default is not a decision on merits.

Amendment of pleadings

Order VI Rule 17 CPC permits amendment at any stage. After trial begins, leave is refused only where the amendment is mala fide or causes prejudice not compensable in costs.

Attachment before judgment

Order XXXVIII Rule 5 CPC: the court may attach property before judgment only if satisfied, by affidavit or evidence, that the defendant is disposing of it to obstruct a decree.

Ex parte decree setting aside

Order IX Rule 13 CPC allows the court to set aside an ex parte decree on proof that summons was not duly served or that sufficient cause prevented the defendant from appearing.

Bar of suit

Section 9 CPC: civil courts try all civil suits unless jurisdiction is expressly or impliedly barred by a special statute, such as rent control or revenue legislation.

Interest on decree

Section 34 CPC: the court may award interest from the date of the decree to the date of payment, while pendente lite interest rests in the court's discretion.

Readiness and willingness

Section 16 of the Specific Relief Act requires a plaintiff seeking specific performance to plead and prove readiness and willingness to perform the contract.

Default bail

BNSS Section 187 (old Section 167 CrPC): an accused becomes entitled to bail if investigation is not completed within 60 days (offences up to 10 years) or 90 days (10 years or more).

Notice of appearance

BNSS Section 35 (old Section 41A CrPC): where arrest is not necessary, police must issue a notice of appearance; non-compliance is a ground for the accused to seek release.

Anticipatory bail

BNSS Section 480 (old Section 438 CrPC): pre-arrest bail is decided on the nature and gravity of the accusation, the applicant's antecedents, and the risk of flight or tampering.

Murder and its exceptions

BNS Section 103 defines murder. The five exceptions, such as grave and sudden provocation or sudden fight, reduce the offence to culpable homicide not amounting to murder under Section 105.

Robbery

BNS Section 303: robbery is theft or extortion combined with force or fear of instant hurt. Theft under BNS Section 63 is dishonest taking of movable property without consent.

Cognizance by Magistrate

BNSS Section 190 (old Section 190 CrPC): a Magistrate may take cognizance on a police report, a complaint, or information from a person other than a police officer.

Double jeopardy

Article 20(2) bars a second prosecution only after a previous conviction or acquittal by a competent court for the same offence; a prior investigation alone does not bar it.

Electronic record certificate

BSA Section 63 makes electronic records admissible as documentary evidence with a certificate, replacing the old Section 65B certificate under the Indian Evidence Act.

Confession to police

Section 25 of the Evidence Act makes a confession to a police officer inadmissible. Section 27 admits so much of the information as leads to the discovery of a fact.

Presumption of legitimacy

Section 112 of the Evidence Act: a child born during a valid marriage is conclusive proof of legitimacy unless non-access is shown, a presumption rebuttable only by proof of no access.

Burden of proof

Section 101 of the Evidence Act places the burden on the party asserting a fact; Sections 103-104 shift it to the party who would fail if no evidence were given.

Dying declaration

Section 32(1) of the Evidence Act admits a statement by a person about the cause of death. No corroboration is needed if the court finds it truthful and voluntary.

Condonation of delay

Limitation Act Section 5 allows an appeal or application filed late to be admitted on sufficient cause, but it does not apply to suits. The court must record satisfaction.

Residual limitation period

Limitation Act Article 113 prescribes three years for suits for which no period is expressly provided, running from the date the right to sue accrues.

Duty of court on limitation

Limitation Act Section 3: a suit, appeal, or application filed after the prescribed period must be dismissed even if the defendant does not plead limitation as a defence.

Definition of State

Article 12 includes the Union and state governments and legislatures, and all local or other authorities within India or under the control of the Government of India.

Test under Article 14

Article 14 permits classification only if it rests on an intelligible differentia and that differentia has a rational nexus to the object sought to be achieved by the law.

Article 32 versus Article 226

Article 32 lies only for fundamental rights violations against Article 12 authorities; Article 226 covers legal as well as fundamental rights and may reach any person.

Basic structure doctrine

Article 368 permits amendment but not destruction of the basic structure, held in Kesavananda Bharati to include judicial review, federalism, and free and fair elections.

Self-incrimination protection

Article 20(3) protects an accused from testimonial compulsion. It does not cover the taking of fingerprints, specimen signatures, or blood samples, which are not testimony.

Production within 24 hours

Article 22(2) requires an arrested person to be produced before the nearest Magistrate within 24 hours of arrest, excluding travel time; the right is enforced by habeas corpus.

Gujarati party terms

Standard Gujarati equivalents are અરજદાર (applicant), વાદી (plaintiff), પ્રતિવાદી (defendant), ફરિયાદી (complainant), આરોપી (accused), and સાક્ષી (witness).

Gujarati court terms

અદાલત means court, ચુકાદો means judgment, હુકમનામું means decree, અરજી means petition or application, and ફરિયાદ means complaint in Gujarati legal usage.

Gujarati legal verbs

રજૂ કરવું means to submit, દાખલ કરવું means to file, જાહેર કરવું means to declare, and રદ કરવું means to set aside in Gujarati legal drafting.

Fidelity in legal translation

Gujarati legal translation preserves legal effect rather than word order: syntax may be restructured, but no substantive content may be added or omitted from the source.