Haryana Civil Judge (Jr Div) key terms

A bar under Section 11 CPC preventing a party from suing again on a matter already decided between the same parties by a competent court on the merits.

The rule in Explanation IV to Section 11 CPC that a ground of attack or defence that could have been raised in earlier proceedings but was omitted cannot be raised 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 under Order VII CPC.

The bundle of essential facts that gives the plaintiff a right to sue and must be stated in the plaint, distinct from the evidence used to prove those facts.

The power under Order VII Rule 11 CPC to reject a plaint where it discloses no cause of action, is barred by law, or is otherwise defective as enumerated in that rule.

A decree passed against a defendant who fails to appear or file a written statement despite service of summons, which may be set aside under Order IX Rule 13 CPC.

An interim order under Order XXXIX Rules 1 and 2 CPC restraining a party during the pendency of a suit, granted on prima facie case, irreparable injury and balance of convenience.

The judicial test weighing which party would suffer greater hardship if interlocutory relief is granted or refused, applied alongside prima facie case and irreparable injury.

A provisional remedy under Order XXXVIII CPC allowing the court to attach a defendant's property to prevent transfer or removal so as to defeat a possible decree.

The process under Order XXI CPC by which a decree-holder enforces a decree against the judgment-debtor's person or property through the executing court.

The person in whose favour a decree or order capable of execution has been passed, including a transferee or legal representative entitled to enforce it.

An offence for which a police officer may arrest without a warrant and investigate without the magistrate's order, listed in the First Schedule to the Sanhita.

The earliest report of a cognizable offence recorded by police under Section 173 of the Sanhita, which sets the investigation in motion and may be used to corroborate or contradict.

A first information report registered at any police station irrespective of territorial jurisdiction, later transferred to the competent station for investigation.

The statutory right to release under Section 187 of the Sanhita where investigation is not completed and chargesheet not filed within the prescribed period, unless further detention is justified.

Pre-arrest protection granted under Section 482 of the Sanhita directing that a person apprehending arrest in a non-bailable offence be released on bail if arrested.

The judicial authorisation by which a magistrate orders continued custody of an arrested person, either police or judicial, within the limits fixed by the Sanhita.

The formal accusation framed by a court under the Sanhita stating the offence and its particulars so that the accused receives clear notice of what must be defended.

The order under the Sanhita releasing an accused before trial where the court finds no sufficient ground to proceed against him on the material placed before it.

The guilty mental element required for most offences, such as intention, knowledge or rashness, which must accompany the prohibited act or omission.

The prohibited physical act or omission that, combined with the requisite mental state, constitutes the external element of a criminal offence.

An agreement between two or more persons to do or cause an illegal act, or a legal act by illegal means, punishable even where the object is not achieved.

A pre-arranged shared design among persons acting together in furtherance of which an offence is committed, making each liable as if done alone.

An assembly of five or more persons with a common object to commit an offence or to intimidate or use criminal force, which is itself an offence.

A statement, oral or documentary, made by a party or his representative suggesting an inference as to a fact in issue, which may be proved against the maker.

A voluntary acknowledgment of guilt by an accused, admissible only if free and voluntary, and inadmissible if made to a police officer or induced by threat or promise.

A statement by a person about the cause of his death or the circumstances of the transaction resulting in it, admissible despite the general bar on hearsay.

A witness whose testimony in court departs from the statement given to police, allowing the party calling him to cross-examine him with leave of court.

The rule under which on the death of a coparcener his interest in joint family property devolves on the surviving coparceners rather than on his heirs.

A member of a Hindu joint family who acquires an interest by birth in the joint family property and may demand partition of his share.

The division of joint family property among coparceners by metes and bounds, converting joint ownership into separate ownership with defined shares.

In Muslim law, the sum or property payable by the husband to the wife as a mark of respect, either prompt at marriage or deferred until death or divorce.

The Muslim husband's unilateral pronouncement dissolving the marriage, subject to statutory regulation and the requirement of reconciliation and notice.

The waiting period a Muslim woman must observe after divorce or the husband's death before remarrying, during which maintenance and certain rights arise.

An equitable remedy compelling a contracting party to perform the contract as agreed, available where damages are inadequate and the contract is enforceable.

A situation where a party repudiates the contract before the time fixed for performance, giving the other party an immediate right to sue or wait.

Liability imposed on one person for the tortious acts of another, typically a master for a servant's act done in the course of employment.

Liability for harm caused by an inherently dangerous activity regardless of fault, as laid down in the rule in Rylands v. Fletcher.

A tort requiring a duty of care owed by the defendant to the plaintiff, breach of that duty, and consequent damage not too remote.

The constitutional principle that Parliament cannot amend the Constitution so as to destroy its essential features, such as supremacy, secularism and judicial review.

A petition invoking the Supreme Court under Article 32 or a High Court under Article 226 for enforcement of fundamental rights or other legal rights.

The power of courts to examine legislative and executive action for conformity with the Constitution and to declare unconstitutional acts void.

The doctrine under Section 52 of the Transfer of Property Act that a suit concerning immovable property prevents a transferee pendente lite from defeating the decree.

The equitable protection under Section 53A of the Transfer of Property Act for a transferee in possession who has performed his part of an unregistered contract.

The rule under Section 14 of the Transfer of Property Act that no transfer of property can make it inalienable for an indefinite period beyond lives in being and minority.