Jharkhand Civil Judge (JPSC) flashcards

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

Res judicata

A matter directly and substantially in issue in a former suit between the same parties is barred from being re-litigated when the former court was competent and decided it finally.

Order II Rule 2 CPC

It requires a plaintiff to include the whole claim arising from one cause of action; omitting a portion without leave bars a later suit for the omitted part.

Specific performance default rule

Under Specific Relief Act Section 10, specific performance is a mandatory relief for a breached contract unless the Act's exceptions, such as personal service or continuous supervision, apply.

Article 54 Limitation

A suit for specific performance of a contract must be filed within three years from the date fixed for performance or, if no date is fixed, from notice of refusal.

Hindu marriage mutual consent

Section 13B of the Hindu Marriage Act permits divorce by mutual consent after one year of separation and requires both parties to state that consent is free and not obtained by fraud or force.

Frustration Section 56

An agreement to do an act impossible in itself is void; a contract becomes void when performance is impossible or unlawful after formation due to an event beyond the promisor's control.

Sale under TP Act

Under Section 54, sale of tangible immovable property worth one hundred rupees or more requires a registered instrument; below that value, delivery of possession can complete the sale.

Murder and culpable homicide

Murder under IPC Section 300 is culpable homicide with specified intent or knowledge; if an exception applies, the offence is culpable homicide not amounting to murder under Section 304.

Common intention Section 34

Section 34 IPC imposes joint liability when a criminal act is done by several persons in furtherance of a common intention; prior meeting of minds must be proved.

Common object Section 149

Section 149 IPC makes every member of an unlawful assembly liable for an offence committed in prosecution of the assembly's common object, even without a prior conspiracy.

Child under seven

Nothing done by a child under seven years is an offence under IPC Section 82, because the law treats such a child as incapable of criminal intention.

BNS commencement

The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code and came into force on 1 July 2024; offences committed earlier continue to be governed by the IPC.

Dowry death presumption

Section 304B IPC applies when a woman dies of burns, bodily injury, or unnatural circumstances within seven years of marriage and there was dowry cruelty; dowry death is presumed.

POCSO mandatory reporting

Section 19 of the POCSO Act requires any person who apprehends or knows that a child sexual offence has occurred to report it to the police; failure is punishable under Section 21.

Burden of proof

Under Evidence Act Section 101, a party who desires a court to give judgment on a legal right or liability dependent on facts must prove those facts.

Dying declaration

A statement by a person about the cause of death or circumstances of the transaction resulting in death is relevant under Section 32(1) of the Evidence Act if the person is dead.

Electronic record certificate

BSA Section 63 requires a certificate identifying an electronic record and describing how it was produced to make the record admissible in evidence.

Section 27 discovery

So much of information received from an accused in custody as distinctly relates to a fact discovered in consequence of that information may be proved against the accused.

Pleadings amendment

Order VI Rule 17 CPC allows amendment at any stage; after trial begins, leave is refused if it would cause injustice or the party failed due diligence.

FIR under CrPC

Section 154 CrPC requires an officer in charge of a police station to record information about a cognizable offence in writing or electronically and register an FIR.

Statement to police

Under CrPC Section 162, statements made to police during investigation cannot be used except as provided; they are not signed and do not become substantive evidence.

Hindi संधि

संधि दो वर्णों के परस्पर मेल से उत्पन्न विकार है; इसके तीन भेद स्वर संधि, व्यंजन संधि और विसर्ग संधि हैं।

Hindi समास

समास में दो या अधिक शब्द मिलकर एक संक्षिप्त पद बनाते हैं; मुख्य भेद द्वंद्व, तत्पुरुष, बहुव्रीहि, कर्मधारय, द्विगु और अव्ययीभाव हैं।

Subject-verb agreement

In English, 'one of the' is followed by a plural noun but takes a singular verb, as in 'One of the boys is absent.'

Direct to indirect speech

When converting present simple to indirect speech, the verb usually shifts to past simple; words like 'now' and 'this' change to 'then' and 'that.'

Legal Hindi terms

In Hindi legal usage, वादपत्र means plaint, प्रतिवादपत्र means written statement, अभिवचन means pleading, and न्यायालय means court.

Jharkhand statehood

Jharkhand became India's 28th state on 15 November 2000 under the Bihar Reorganisation Act, 2000, with Ranchi as its capital.

Jharkhand districts

Jharkhand has 24 districts grouped into five divisions: North Chotanagpur, South Chotanagpur, Palamu, Kolhan, and Santhal Pargana.

Parasnath peak

Parasnath, the highest peak in Jharkhand, rises in Giridih district and is a major Jain pilgrimage site.

Jharkhand tribes

The Santhal is the largest tribal community in Jharkhand; Munda, Oraon, Ho, and Kharia are other major tribes.

Jharkhand High Court

The Jharkhand High Court was established on 15 November 2000 at Ranchi, the same day the state of Jharkhand was created.

New criminal laws

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam replaced the IPC, CrPC, and Evidence Act on 1 July 2024.