Jharkhand Civil Judge (JPSC) key terms

A formal expression of an adjudication that conclusively determines the rights of the parties on matters in controversy in a suit, drawn up separately from the judgment and capable of appeal.

A formal expression of a civil court's decision that is not a decree, covering procedural and interim matters. It is appealable only where the Code of Civil Procedure expressly provides.

The rule that a matter directly and substantially in issue in an earlier suit between the same parties, decided by a competent court, cannot be relitigated. It gives finality to judgments and prevents multiplicity of proceedings.

A doctrine treating a ground of attack or defence that could have been raised in an earlier suit but was omitted as decided against the party who omitted it, extending the bar of res judicata.

Profits earned by a person in wrongful possession of property, along with compensation for waste or deterioration. They are commonly claimed in suits for possession and partition.

Acquisition of title by continuous, open, peaceful and hostile possession of land without the owner's consent for the statutory limitation period, with the burden of proving all ingredients on the claimant.

The pleading that institutes a civil suit, containing the court's jurisdiction, the cause of action, the facts relied on and the relief claimed. Order VII of the CPC governs its contents.

The defendant's pleading in reply to the plaint, admitting or denying allegations and raising defences, set-off or counter-claim. Order VIII of the CPC governs its filing and time limits.

A decree passed against a defendant who does not appear in court despite proper service of summons. The defendant may apply to set it aside for sufficient cause.

The mental element of an offence, such as intention, knowledge, recklessness or negligence. It must be proved by the prosecution unless the statute imposes strict liability.

The prohibited physical act or omission that constitutes the external element of a crime. It must be voluntary and combined with the required mental state.

A shared design between two or more persons to commit a criminal act. Each participant is liable for acts done in furtherance of that design, even without direct participation.

Instigating, conspiring with or intentionally aiding a person to commit an offence. It is punishable even when the principal offence is not committed, if the abettor's conduct falls within the definition.

Conduct done with the intention of committing an offence that goes beyond mere preparation but falls short of completion. Proximity to the completed offence determines criminal liability.

A person's right to use proportionate and necessary force to protect their body, property or another person from unlawful aggression. Excessive force forfeits the protection and may create liability.

Causing death by an act done with intention to cause death, or injury likely to cause death, or with knowledge that the act is likely to cause death; murder is its aggravated form.

Robbery committed by five or more persons. Assembly with preparation to commit robbery by such a group is also punishable, making it graver than robbery.

The obligation to prove facts essential to a case. The legal burden generally remains on the prosecution or plaintiff, while the burden of adducing evidence may shift during trial.

A legal inference drawn from proved facts. Presumptions may be 'may presume', 'shall presume' or conclusive, each carrying a different degree of compulsion for the court.

A statement by a person about the cause of death or circumstances of the transaction causing death. It is admissible despite being hearsay when the maker is dead or unavailable.

Facts so connected with the fact in issue by time, place and continuity that they form part of the same transaction, including spontaneous statements made during the event.

A witness allowed by the court to be cross-examined by the party who called him because his evidence is adverse or contradicts earlier statements; such evidence needs cautious scrutiny.

A person who participates in a crime and later testifies for the prosecution. Courts generally require corroboration of accomplice evidence in material particulars as a rule of prudence.

A statement, oral or documentary, by a party suggesting an inference about a fact in issue. It may be proved against that party as an exception to the rule against hearsay.

An admission of guilt by an accused covering the offence charged. It must be voluntary, and a confession made to a police officer is inadmissible.

A statement made by an accused in police custody that leads to the discovery of a new fact. Only the portion distinctly relating to that discovery is admissible.

Information stored or transmitted in electronic form, admissible as a document. A certificate is generally required when such evidence is produced as secondary evidence from a device.

The first information report recorded by police about a cognizable offence. It sets the investigation in motion and may be used to corroborate or contradict the informant.

Release of an arrested person from custody pending investigation or trial, usually on furnishing security with conditions. It balances personal liberty against ensuring attendance in court.

A direction that a person apprehending arrest in a non-bailable offence be released on bail if arrested, granted by a Sessions Court or High Court.

A concise summary of a passage that retains its main ideas in logical order, written in one's own words and usually about one-third of the original length.

Rendering a passage from one language into another while preserving meaning, tone and technical accuracy; legal translation demands precise equivalents for statutory and constitutional terms.

The phonetic joining of two adjacent sounds in Hindi, often with a change at the junction. Recognising sandhi helps with spelling and text-based grammar questions.

A Hindi idiom whose figurative meaning differs from the literal sense of its words. Questions test correct usage and matching of meaning.

A constitutional schedule dealing with administration and control of Scheduled Areas and Scheduled Tribes in states other than those in the North-East, covering most tribal districts of Jharkhand.

A colonial law protecting the land rights of tribal tenants in the Chotanagpur region by restricting transfer of their land to non-tribals without permission. It remains central to Jharkhand land disputes.

A land tenure law for the Santhal Pargana districts of Jharkhand that restricts alienation of tribal land and recognises community and village rights, frequently debated in state politics.

The Panchayats (Extension to Scheduled Areas) Act, 1996, extending panchayati raj to Scheduled Areas and giving gram sabhas special powers over land, minor minerals and cultural resources.

The High Court for Jharkhand, established on 15 November 2000 when the state was carved out of Bihar, with its principal seat at Ranchi.

A late nineteenth-century Munda tribal leader who led the Ulgulan movement against colonial land alienation and missionary influence, now a central symbol of Jharkhand's identity.