Karnataka Civil Judge Exam flashcards

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

Order II Rule 2 CPC

Bars a second suit on the same cause of action; leave of court under Rule 2(3) must be obtained when the first suit is filed, otherwise the claim is lost.

Order VI Rule 17 CPC

Governs amendment of pleadings; after trial commences, no amendment is allowed unless the court finds the party could not have raised the matter earlier with due diligence.

Res judicata Section 11 CPC

Bars a subsequent suit where the same matter was directly and substantially in issue between the same parties, litigated before a competent court, and finally decided.

Order VII Rule 11 CPC

Lists grounds for rejection of a plaint, including absence of a cause of action, insufficient court fee, and the suit being barred by law on the plaint's own averments.

Section 100 CPC

Second appeal lies to the High Court only where a substantial question of law is involved; the court must formulate the question at the time of admission.

Section 103 BNS

Defines murder as culpable homicide falling within the specified clauses, such as intention to cause death or knowledge that the act is likely to cause death.

Section 479 BNSS

Mandates release of a first-time undertrial who has served one-third of the maximum sentence; the proviso extends it to one-half for others, except offences punishable with death or life.

Section 167 BNSS default bail

Entitles an accused to bail if the charge sheet is not filed within 60 days for offences up to 10 years and 120 days for offences above 10 years.

Section 482 BNSS

Preserves the High Court's inherent power to quash a criminal proceeding where the allegations do not disclose an offence or the complaint is an abuse of process.

Section 125 BNSS

Provides maintenance to a woman, child, and parents unable to maintain themselves; an application may be filed before the Magistrate having jurisdiction.

Section 63 BSA electronic evidence

Requires a certificate for admissibility of secondary electronic records, identifying the electronic record and describing the manner of its production.

Section 23 BSA confession

Makes a confession to a police officer inadmissible, but saves the portion of information that leads to the discovery of a fact under Section 23(1).

Section 32 BSA dying declaration

Renders a statement of a person as to the cause of his death admissible in any proceeding, whether or not he was under expectation of death.

Section 106 BSA

Places the burden of proving a fact especially within the knowledge of a person on that person, such as the circumstances of a death in his custody.

Article 14 Constitution

Permits reasonable classification based on intelligible differentia with a rational nexus to the object of the law, but bars arbitrary and discriminatory state action.

Article 21 Constitution

Protects life and personal liberty; the procedure depriving a person of it must be just, fair, and reasonable, and includes the right to a fair trial.

Article 226 Constitution

Empowers the High Court to issue writs against any person or authority for the enforcement of fundamental rights or any other legal right.

Article 20(3) Constitution

Protects a person accused of an offence from being compelled to be a witness against himself; the protection extends to testimonial compulsion.

Section 128 KLRA

Requires the Deputy Commissioner to maintain records of rights; an entry raises a rebuttable presumption of correctness and does not by itself confer title.

Section 129 KLRA mutation

Provides for mutation of names in the record of rights; a mutation entry records possession and does not decide or confer title to the land.

Section 79A KLRA

Restricts the transfer of granted land; a transfer in breach of the condition against alienation is void, and the land is liable to be resumed.

Section 94 KLRA

Prohibits unauthorised occupation of government land; the Tahsildar is empowered to evict encroachments and recover damages as arrears of land revenue.

Section 21 Karnataka Rent Act

Sets out grounds for eviction of a tenant, including non-payment of rent, sub-letting without consent, and bona fide requirement of the landlord.

Section 42 Karnataka Rent Act

Bars the jurisdiction of the civil court in matters entrusted to the Rent Controller; eviction proceedings lie before the Rent Controller.

Section 32 Karnataka Excise Act

Punishes the manufacture, sale, or possession of excisable articles in contravention of the Act, with a minimum of six months' imprisonment and a fine.

Section 43 Karnataka Excise Act

Permits the confiscation of vehicles, vessels, and animals used in the transport of excisable articles in contravention of the Act.

Section 4 Exorbitant Interest Act

Makes the charging of exorbitant interest a punishable offence with imprisonment up to one year or a fine up to Rs. 10,000, or both.

Section 5 Exorbitant Interest Act

Empowers the court to reopen a transaction, relieve the debtor from exorbitant interest, and order refund of excess interest already paid.

Section 63 Karnataka Police Act

Requires a police officer to maintain a general diary and to record the substance of information relating to a cognizable offence.

Section 187 Karnataka Municipalities Act

Empowers a municipal council to levy property tax, water tax, and other taxes within the limits prescribed by the State Government.

Section 32 KTCPA

Prohibits development of land without the permission of the Planning Authority; development in contravention is liable to be stopped and demolished.

Order XX Rule 1 CPC

Requires a judgment to contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for the decision.