Karnataka Civil Judge Exam key terms

A bar under Section 11 CPC preventing a party from suing again on the same cause of action already decided by a competent court, ensuring finality of litigation.

The rule that a matter which might and ought to have been raised in an earlier suit, but was not, cannot be raised later; it is deemed decided against the party.

The bundle of facts which, taken together, gives a party the right to sue for a remedy; it determines jurisdiction and the scope of the suit.

The written statement of claim filed by the plaintiff under Order VII CPC, setting out the facts, cause of action, relief sought and valuation of the suit.

The defendant's pleading under Order VIII CPC, answering each material allegation in the plaint and raising objections and counterclaims where permitted.

A defendant's right under Order VIII Rule 6 CPC to plead a reciprocal ascertained sum legally recoverable from the plaintiff as extinguishing or reducing the claim.

A claim raised by the defendant against the plaintiff in the same suit under Order VIII Rule 6A CPC, treated as a plaint in a cross-suit.

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.

An order under Order XXXVIII CPC attaching a defendant's property to prevent its transfer or removal so that a future decree is not frustrated.

The stage under Order XXI CPC where a decree-holder enforces a decree through attachment, sale, delivery or arrest, as the relief requires.

The rule in Section 52 of the Transfer of Property Act that property in suit cannot be transferred to affect the rights of the parties during the pendency of the litigation.

The guilty mental state required for an offence: intention, knowledge, rashness or negligence, as the definition of the particular offence prescribes.

The prohibited physical act or omission that, combined with the required mental state, constitutes an offence under the penal law.

A pre-arranged shared plan under Section 34 IPC making each participant liable for the criminal act done in furtherance of that common design.

Instigating, conspiring or intentionally aiding another to commit an offence, punishable even where the principal offence is not completed in certain cases.

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

The earliest information about a cognizable offence recorded by police under Section 154 CrPC, which sets the investigation in motion.

The final report filed by police under Section 173 CrPC before the magistrate after investigation, stating the offence and the accused persons.

Pre-arrest bail granted under Section 438 CrPC directing that a person apprehending arrest in a non-bailable offence be released on conditions if arrested.

Release of an accused from custody pending trial or appeal, with or without sureties, on the court being satisfied that custody is not necessary.

The test under Sections 5 to 55 of the Indian Evidence Act determining which facts may be proved in a proceeding as logically connected to the facts in issue.

A fact that a party must prove or disprove to establish its case, defined in Section 3 of the Evidence Act as a fact asserted by one side and denied by the other.

The quality of evidence that makes it receivable by the court; evidence may be relevant yet inadmissible, for example where excluded by a specific rule.

A statement made by a person not before the court, offered to prove the truth of its contents; generally inadmissible except under recognised exceptions.

A statement by a person about the cause of their death or circumstances of the transaction, admissible under Section 32(1) of the Evidence Act despite being hearsay.

The obligation of a party to establish a fact by evidence; Sections 101 to 114 of the Evidence Act allocate it and provide for presumptions.

The burden of leading evidence, which may shift from one party to another as the trial proceeds, unlike the fixed burden of proof.

A constitutional remedy under Article 226 or 32 commanding the production of a detained person to test the legality of the detention.

A writ directing a public authority to perform a public duty that it has failed or refused to perform, available under Articles 226 and 32.

The power of courts to examine legislative and administrative action for conformity with the Constitution, including grounds of illegality, irrationality and procedural impropriety.

The standing of a person to approach a court; in public interest litigation it is relaxed so any public-spirited citizen may seek relief.

Litigation brought for the benefit of the public or a disadvantaged class, in which courts relax ordinary procedural and standing requirements.

An unlawful assembly of five or more persons using force or violence for a common object, defined in Section 146 of the Indian Penal Code.

An assembly of five or more persons with a common object of the kind listed in Section 141 IPC, such as using criminal force or resisting law.

Land vested in the State which is not assigned to any person, dealt with under the Karnataka Land Revenue Act, 1964 and rules on disposal of government land.

The record of a holding maintained in the village accounts under the Karnataka Land Revenue Act, 1964, showing the person responsible for payment of land revenue.

The process of updating the record of rights after a change in ownership, succession or survey, carried out by the revenue officer under the Karnataka Land Revenue Act, 1964.

The rent fixed under the Karnataka Rent Act, 1999, or computed under its provisions, above which a landlord may not claim rent for the premises.

A person by whom or on whose account rent is payable for premises, including a person continuing in possession after termination of the tenancy under the Karnataka Rent Act, 1999.

An application by a landlord before the rent controller or court under the Karnataka Rent Act, 1999 seeking possession on grounds such as non-payment, subletting or personal requirement.

A levy imposed on the manufacture, production, possession or sale of excisable goods such as liquor, administered under the Karnataka Excise Act, 1965.

A permit granted by the excise authority under the Karnataka Excise Act, 1965 authorising the holder to manufacture, store, transport or sell liquor on stated conditions.

The unauthorised manufacture of liquor without a licence or in breach of licence conditions, an offence under the Karnataka Excise Act, 1965.

Interest exceeding the limits prescribed under the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004, which empowers courts to reopen such transactions.

A transfer of an interest in immovable property to secure a loan, the terms of which may be examined under the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004.

The original sum lent, excluding interest; statutes against exorbitant interest often require that repayments be credited first towards principal and lawful interest.

Detention of an accused in the custody of police, distinct from judicial custody, and subject to the safeguards under the Criminal Procedure Code.

The use of lawful measures by police, including dispersal of unlawful assemblies, to maintain public order under the Karnataka Police Act, 1963.

The elected governing body of a smaller urban area constituted under the Karnataka Municipalities Act, 1964, exercising powers of taxation and civic administration.

The elected body at the village level constituted under the Karnataka Panchayat Raj Act, 1993, exercising functions listed in the Eleventh Schedule.

A scheme prepared under the Karnataka Town and Country Planning Act, 1961 for the development, redevelopment or improvement of land within a planning area.

A plan prepared under the Karnataka Town and Country Planning Act, 1961 showing the proposed use of land in a planning area and the broad development proposals.

In drafting practice, the formal pleading drafted for a plaintiff containing jurisdiction, cause of action, valuation, facts and the relief claimed.

The formal expression of an adjudication conclusively determining the rights of parties in a suit, drafted in the operative portion of a judgment.

The statement of reasons by a court deciding the suit, containing the issues framed, findings on each issue, and the operative order drawn from them.