Gujarat Civil Judge key terms

A final decision by a competent court bars the same parties from suing again on the same cause of action or issue already decided. Section 11 of the Code of Civil Procedure codifies it.

A rule that a matter which might and ought to have been raised in an earlier suit but was omitted cannot be raised later. It prevents splitting of claims and is treated as deemed decision.

The bundle of facts which, taken together, gives a party the right to seek relief in court. It determines jurisdiction, joinder of parties and limitation start points.

The written statement of claim filed by a plaintiff starting a civil suit, containing names of parties, facts, cause of action, jurisdiction grounds and the relief sought. Governed by Order VII CPC.

The defendant's pleading responding to the plaint, admitting or denying allegations and raising defences and counterclaims. Order VIII CPC requires it to be filed within the time fixed by the court.

A defendant's claim to adjust a debt owed by the plaintiff against the plaintiff's claim, pleaded in the written statement. Order VIII Rule 6 CPC permits legal set-off in money suits.

A separate claim raised by the defendant against the plaintiff in the same suit, treated as an independent cross-suit. Order VIII Rule 6A CPC allows it in respect of any cause of action.

A decree passed against a defendant who fails to appear despite proper service of summons. It may be set aside under Order IX Rule 13 CPC on showing sufficient cause.

The formal expression of an adjudication which conclusively determines the rights of parties in a suit. It is defined in Section 2(2) CPC and must be distinguished from an order.

A decree that decides some issue or liability but leaves the final relief to be worked out later, such as in partition or mortgage suits. Section 2(2) CPC recognises it.

A decree that fully and finally determines the rights of the parties and leaves nothing further to be decided in the suit. It may follow a preliminary decree after further proceedings.

The stage where a decree-holder applies to enforce a decree by attachment, sale, delivery or arrest. Order XXI CPC governs the modes and procedure of execution.

The court's order seizing a judgment-debtor's property to prevent alienation while execution proceeds. The attached property may later be sold to satisfy the decree.

A judicial order restraining a party from doing an act (prohibitory) or requiring an act (mandatory). Temporary injunctions are granted under Order XXXIX CPC; permanent ones by decree under Section 37.

The earliest report of a cognizable offence recorded by police under Section 154 of the Code of Criminal Procedure (now Section 173 BNSS). It sets the investigation in motion and is not substantive evidence.

An offence for which a police officer may arrest without a warrant and investigate without a magistrate's order. The classification appears in the First Schedule of the CrPC and BNSS.

The final report filed by police before the magistrate after investigation, stating the offence and accused. Section 173 CrPC (Section 193 BNSS) governs its contents and filing.

The sending of an arrested accused to judicial or police custody for a fixed period pending investigation or trial. Section 167 CrPC (Section 187 BNSS) prescribes its limits and procedure.

The release of an accused from custody on furnishing security, with a duty to appear for trial. Bailable and non-bailable offences follow different tests under the CrPC and BNSS.

A direction that a person apprehending arrest in a non-bailable offence be released on bail if arrested. Section 438 CrPC (Section 482 BNSS) empowers the sessions court and High Court.

The formal accusation framed by a court specifying the offence, its particulars and the law involved, so the accused knows what to defend. Sections 211 to 224 CrPC govern framing and alteration.

An offence that may lawfully be settled between the parties, ending the prosecution. Section 320 CrPC lists which offences may be compounded with or without the court's permission.

A statement, oral or written, made by a party suggesting an inference as to a fact in issue, which may be used against that party. Sections 17 to 23 of the Evidence Act govern admissions.

An admission of guilt by an accused person. A confession to police is inadmissible, and confessions induced by threat, promise or inducement are irrelevant under the Evidence Act.

A statement by a person about the cause of their death or circumstances of the transaction resulting in death. Section 32(1) of the Evidence Act makes it relevant even though the maker cannot be cross-examined.

A witness who, though called by a party, gives evidence unfavourable to that party or resiles from an earlier statement. The court may permit cross-examination by the party calling him.

The obligation on a party to prove a fact by leading evidence to the required standard. Sections 101 to 114 of the Evidence Act allocate the burden and provide for its shifting.

A rule of law or fact allowing a court to infer a fact from proved facts without direct proof. Presumptions may be conclusive or rebuttable, as under Sections 4 and 114 of the Evidence Act.

The statutory time limit within which a suit, appeal or application must be filed. Expiry bars the remedy, and the period is governed by the Limitation Act, 1963.

The court's power to excuse delay in filing an appeal or application where sufficient cause is shown. Section 5 of the Limitation Act applies to appeals and certain applications only.

A constitutional command directing a public authority to perform a legal duty it has failed or refused to perform. Article 226 empowers High Courts and Article 32 the Supreme Court to issue it.

A writ demanding that a person detained be produced before the court so the legality of detention can be examined. It protects personal liberty and may be sought by any person on the detenu's behalf.

A writ quashing a decision of an inferior court or tribunal that acted without jurisdiction or in excess of it, or violated natural justice. High Courts issue it under Article 226.

The principle that Parliament cannot amend the Constitution so as to destroy its essential features, such as judicial review or federalism. It was declared in Kesavananda Bharati and applied in later cases.

The power of courts to examine whether legislative or executive action conforms to the Constitution. Articles 13, 32 and 226 provide its textual basis and remedies.

દાવાદરખાસ્ત એ ફરિયાદી દ્વારા દાખલ કરાયેલ લેખિત દાવો છે, જેમાં પક્ષકારોનાં નામ, હકીકતો, દાવાનું કારણ અને માંગેલ રાહત દર્શાવાય છે. તે સિવિલ પ્રોસિજર કોડના ઓર્ડર ૭ હેઠળ નિયંત્રિત છે.

ચુકાદો એ દાવામાં પક્ષકારોના અધિકારોનો નિર્ણાયક નિર્ણય દર્શાવતી અદાલતની ઔપચારિક અભિવ્યક્તિ છે. તેને આદેશ (order) થી અલગ ઓળખવો જોઈએ.

શપથપત્ર એ સોગંદનામા હેઠળ લેખિત રજૂઆત છે, જે અધિકૃત વ્યક્તિ સમક્ષ સત્યતાની ખાતરી સાથે દાખલ કરાય છે. અરજીઓ અને પુરાવા સાથે તેનો ઉપયોગ સામાન્ય છે.