Haryana Civil Judge (Jr Div) flashcards

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

Res sub judice

Section 10 CPC bars a court from proceeding with a suit where the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties.

Default bail period

Under Section 167 CrPC and Section 187 BNSS, an accused is entitled to default bail if investigation is not completed within 60 days for offences punishable up to 10 years, or 90 days otherwise.

Common intention

Section 34 IPC and Section 49 BNS require a pre-arranged plan and prior meeting of minds; mere presence at the scene does not establish common intention, which must be proved by conduct.

Dying declaration

Under Section 32 IEA and Section 26 BSA, a statement about the cause of death is admissible even without the maker being examined; it may be oral and need not be in question-answer form.

Daughter as coparcener

The 2005 amendment to Section 6 of the Hindu Succession Act makes a daughter a coparcener by birth with the same rights as a son, applicable prospectively from 9 September 2005.

Liquidated damages

Section 74 of the Indian Contract Act permits the court to award reasonable compensation not exceeding the sum named in the contract, whether it is a penalty or liquidated damages.

Consumer commission pecuniary limits

Under the Consumer Protection Act, 2019, the District Commission hears complaints up to Rs 50 lakh, the State Commission from Rs 50 lakh to Rs 2 crore, and the National Commission above Rs 2 crore.

Article 14 classification test

A classification under Article 14 is valid if it rests on an intelligible differentia and the differentia has a rational nexus with the object sought to be achieved by the law.

Doctrine of part performance

Section 53A TPA protects a transferee in possession who has performed his part and is willing to perform the rest, even if the transfer instrument is not registered, against the transferor.

Advocate-client privilege

Section 126 of the Evidence Act and Section 132 BSA protect communications between an advocate and client from disclosure, except where made in furtherance of a crime.

Shah Commission

The Shah Commission recommended the reorganisation of Punjab, leading to the creation of Haryana as a separate state on 1 November 1966, with Chandigarh as the shared capital.

Haryana ceiling law

The Haryana Ceiling on Land Holdings Act, 1972, fixes the ceiling area on agricultural land; surplus land vests in the State and is allotted to landless persons by the Collector.

Vakalatnama

A vakalatnama is a written authority signed by the client authorising an advocate to appear and act on his behalf; it must be filed with the court along with a memo of appearance.

Contingency fee prohibition

An advocate may not accept a fee contingent on the outcome of a criminal case; the fee must be a fixed sum agreed in advance, as required by the Bar Council of India Rules.

Lok Adalat award

Under Section 21 of the Legal Services Authorities Act, 1987, an award of the Lok Adalat is deemed a decree of a civil court and is final and binding on the parties.

Execution transfer

Section 39 CPC permits the court that passed a decree to send it for execution to another court competent to execute it, on application by the decree-holder.

Compounding of offences

Section 320 CrPC and Section 359 BNSS permit compounding of specified offences with the consent of the court; compounding has the effect of an acquittal of the accused.

Sudden fight exception

Exception 4 to Section 300 IPC and Section 101 BNS reduces culpable homicide to a lesser offence when death is caused without premeditation in a sudden fight in the heat of passion.

Admission defined

Section 21 IEA and Section 18 BSA define an admission as an oral or documentary statement suggesting an inference as to a fact in issue; it may be used against the maker.

Mahr under Muslim law

Mahr is the sum payable by the husband to the wife on marriage; it may be prompt or deferred, and the wife may refuse conjugal rights until it is paid.

Contract of indemnity

Section 124 of the Indian Contract Act defines a contract of indemnity as a promise by one party to save the other from loss caused by the conduct of the promisor or any other person.

Res ipsa loquitur

The thing speaks for itself: where an accident is of a kind that does not ordinarily occur without negligence and the thing was under the defendant's control, negligence is presumed.

Article 141

Article 141 provides that the law declared by the Supreme Court is binding on all courts within the territory of India; the binding force attaches to the ratio decidendi.

Lis pendens

Section 52 TPA provides that a transfer of property in suit during the pendency of the suit is subject to the decree; the transferee takes the property subject to the outcome.

Criminal appeal limitation

Under the Limitation Act and the High Court Rules, a criminal appeal must be filed within the prescribed period; a belated appeal requires an application for condonation of delay.

Contempt punishment

Section 12 of the Contempt of Courts Act, 1971, prescribes simple imprisonment up to six months, or a fine up to Rs 2,000, or both, for contempt of court.

High Court strength

The Punjab and Haryana High Court, established in 1947 and shifted to Chandigarh in 1955, has a sanctioned strength of 85 judges and serves Punjab, Haryana and Chandigarh.

Record-of-rights

Under Section 111 of the Punjab Land Revenue Act, 1887, a record-of-rights is prepared for each estate and may be revised by the Collector on application or on his own motion.

Order I Rule 8 CPC

One person may sue or be sued on behalf of numerous persons with the same interest with the court's permission; notice of the suit must be given to all persons so represented.

Section 41A notice

Section 41A CrPC and Section 35(3) BNSS require a police officer to issue a notice of appearance to a person accused of a cognizable offence where arrest is not necessary.

Dacoity

Section 395 IPC and Section 310 BNS define dacoity as robbery committed by five or more persons, punishable with imprisonment for life or up to ten years and fine.

Accomplice evidence

Section 133 IEA and Section 137 BSA make an accomplice a competent witness; conviction on his uncorroborated testimony is legal but unsafe as a rule of prudence.

Saptapadi

Under Section 7 of the Hindu Marriage Act, where saptapadi is customary, the seventh step taken by the bride and groom completes the marriage ceremony.

Wagering agreement

Section 30 of the Indian Contract Act makes a wagering agreement void; collateral transactions are enforceable, but the winner cannot recover the stake from the loser.

Consumer appeal period

Under Sections 47 and 58 of the Consumer Protection Act, 2019, an appeal lies from the District Commission to the State Commission, and from the State Commission to the National Commission, within 30 days.

Article 20(3)

Article 20(3) protects a person accused of an offence from being compelled to be a witness against himself; the protection extends to testimonial compulsion, not to physical evidence.

Gift of immovable property

Section 123 TPA requires a gift of immovable property to be made by a registered instrument attested by at least two witnesses; delivery of possession is not sufficient.

Insufficient stamp duty

Section 35 of the Stamp Act makes an instrument not duly stamped inadmissible in evidence until impounded and the deficit duty and penalty are paid; Section 36 bars later objection.

Advocate as witness

An advocate may not appear in a case in which he is a witness; if he is a necessary witness, he must withdraw from the case to avoid a conflict of interest.

NJDG

The National Judicial Data Grid provides data on pending cases in district and subordinate courts across India; it is maintained by the Supreme Court's e-Committee.

Haryana Right to Service

The Haryana Right to Service Act, 2014, provides for time-bound delivery of notified services and a grievance redressal mechanism, with appeals heard by the Right to Service Commission.

Decree defined

Section 2(2) CPC defines a decree as the formal expression of an adjudication that conclusively determines the rights of the parties with regard to the matters in controversy in the suit.

Section 389 CrPC

Section 389 CrPC and Section 430 BNSS empower the appellate court to suspend the execution of a sentence or release the convicted person on bail pending appeal.

Grievous hurt

Section 320 IPC and Section 131 BNS define grievous hurt to include emasculation, permanent loss of sight, fracture, dislocation of a bone, and injuries endangering life.

Public document

Section 74 IEA and Section 74 BSA define public documents as documents forming the acts of the sovereign authority, official bodies and tribunals, and public records kept by a public officer.

Wasiyat limit

Under Muslim law, a will is valid only to the extent of one-third of the estate after payment of debts and funeral expenses; a bequest beyond one-third requires the consent of the heirs.

Section 70 Contract Act

A person who lawfully does anything for another, not intending to do so gratuitously, is entitled to compensation from the other if the latter enjoys the benefit of the act.

Volenti non fit injuria

Volenti non fit injuria is a defence to a tort where the plaintiff voluntarily consented to the risk of harm; mere knowledge of the risk does not amount to consent.

Article 39A

Article 39A directs the State to provide free legal aid and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Actionable claim

Section 3 TPA defines an actionable claim as a claim to a debt or a beneficial interest in movable property not in possession, including a claim for damages.

Memo of appearance

The High Court Rules require an advocate to file a memo of appearance in the court where he appears, stating the name of the client and the particulars of the case.

Basic structure doctrine

Kesavananda Bharati v. State of Kerala (1973) held that Parliament cannot amend the basic structure of the Constitution, such as judicial review and secularism.

Haryana Police Act

The Haryana Police Act, 2007, establishes the Haryana Police as a state police service, headed by the Director General of Police, and provides for discipline and punishment of officers.

Written statement time

Order VIII Rule 1 CPC requires the defendant to file a written statement within 30 days of service of summons; the court may extend the time up to 90 days.

Committing case

Section 209 CrPC and Section 232 BNSS require a magistrate to commit a case triable exclusively by the Sessions Court to that court after complying with the prescribed procedure.

Criminal conspiracy

Section 120A IPC and Section 61 BNS define criminal conspiracy as an agreement between two or more persons to do an illegal act or an act that is not illegal by illegal means.

Section 27 discovery

Section 27 IEA and Section 23(2) BSA admit so much of the information given in police custody as relates distinctly to the fact discovered, even though the confession itself is inadmissible.

Datta homam

Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, the ceremony of datta homam is not essential to a valid adoption; the giving and taking of the child is sufficient.

Ratification of agency

Section 196 of the Indian Contract Act permits a principal to ratify an act done without authority; ratification relates back to the date of the act and binds the principal.

Qualified privilege

Qualified privilege in defamation protects statements made in the discharge of a legal, moral or social duty, provided they are made without malice and to a person with a corresponding interest.