Kerala Munsiff-Magistrate key terms

A bar on re-litigating a suit that a competent court has already decided on the merits between the same parties, so that a final decision binds them and their privies in later proceedings.

The rule that a ground of defence or attack that ought to have been raised in an earlier suit, but was not, cannot be raised afterwards; the omitted plea is treated as decided against the party.

The formal expression of an adjudication that conclusively determines the rights of the parties in a suit, whether by dismissal or otherwise; it may be preliminary or final.

Compensation claimed from a person in wrongful possession of property for the profits he actually received, or could with reasonable diligence have received, during that occupation.

The residual power preserved in the Code of Civil Procedure to make orders necessary for the ends of justice or to prevent abuse of the process, where no specific provision applies.

A decree passed against a defendant who fails to appear or file a written statement despite proper service, which he may seek to set aside on showing sufficient cause.

A court's re-examination of its own judgment or order on grounds such as discovery of new evidence, a mistake apparent on the record, or another sufficient reason, on application by an aggrieved party.

An application filed by a decree-holder asking the executing court to enforce the decree by attachment, sale, delivery of possession, arrest or other permitted modes of execution.

The statutory time within which a suit, appeal or application must be instituted; a suit filed after it is ordinarily dismissed as barred, though the right itself may survive.

The court's power to excuse a delay in filing an appeal or application where the applicant shows sufficient cause for not acting within the prescribed limitation period.

A signed written admission of liability made before the limitation period expires, which starts the limitation period afresh from the date of the acknowledgment.

The guilty mental state required for most offences, such as intention, knowledge or rashness; it distinguishes a criminal act from an innocent one.

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

Instigating, conspiring with or intentionally aiding another to commit an offence; the abettor may be punished even if the offence is not completed.

The unlawful causing of death by an act done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with knowledge of that likelihood.

Culpable homicide falling within the aggravated categories in the penal code, such as killing with the intention of causing death or with particularly cruel or dangerous means; it carries the highest punishment.

The dishonest taking of movable property out of the possession of another without that person's consent, with the intention of permanently depriving the owner of it.

Dishonest misappropriation or conversion of property entrusted to a person, or its disposal in violation of a direction of law or contract, by one standing in a fiduciary position.

An offence for which a police officer may arrest without a warrant and may investigate without the order of a magistrate, as listed in the First Schedule to the criminal procedure law.

The earliest information about the commission of a cognizable offence recorded by the police, which sets the investigation in motion and may be used to corroborate or contradict the informant.

The final report filed by the police before the magistrate after investigation, stating the offence, the accused and the evidence collected, on which the court decides whether to take cognizance.

The release of an accused person from custody, with or without sureties, on an undertaking to appear for trial or investigation as required by the court or police.

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

A statement, oral or written, made by a party to a proceeding suggesting an inference about a fact in issue or a relevant fact; it may be used against the maker but not as conclusive proof.

A voluntary acknowledgment by an accused that he committed the offence; a confession to a police officer is generally inadmissible, and a confession to a magistrate requires statutory safeguards.

A statement made by a person as to the cause of his death or the circumstances of the transaction resulting in it; it is admissible even though the maker cannot be cross-examined.

Something of value, such as an act, forbearance or promise, given by one party in return for the promise of the other; it is essential to a valid contract unless the promise is gratuitous.

Consent that is not caused by coercion, undue influence, fraud, misrepresentation or mistake; a contract made without free consent is voidable at the option of the aggrieved party.

A discretionary equitable remedy in which the court compels a party to carry out the actual terms of a contract, usually where damages would not adequately compensate the plaintiff.

The doctrine that a transferee of immovable property during the pendency of a suit affecting that property is bound by the final decision of the court, as if he were a party.

A right enjoyed by the owner of one parcel of land over another parcel for the beneficial use of his own land, such as a right of way, light or drainage.

A transfer of an interest in specific immovable property made as security for the payment of a debt or the performance of an engagement, which may give rise to a right of sale.

The joint undivided family unit under Hindu law, comprising the last holder and his male and female descendants, which holds joint property and has rights of survivorship and partition.

One of the two principal schools of Hindu law, under which a son acquires an interest in ancestral property by birth and coparcenary rights pass by survivorship.

The school of Hindu law prevalent in Bengal and Assam, under which a son acquires no interest in ancestral property until the father's death and succession follows the principle of spiritual efficacy.

In Muslim law, the sum of money or property that the husband agrees to pay the wife as part of the marriage contract, either promptly or on deferred terms.

A form of dissolution of Muslim marriage by the husband's pronouncement; its recognised modes and their legal effect are governed by statute and judicial scrutiny.

A permanent dedication of property by a Muslim for religious, pious or charitable purposes, whereby the property is tied up and its usufruct applied to the stated object.

The principle that Parliament's amending power cannot destroy the essential features of the Constitution, such as judicial review, federalism and the rule of law.

A constitutional remedy commanding a public authority to perform a public duty that it has refused or failed to perform, available only where no other adequate remedy exists.

The power of courts to examine the constitutionality of legislative enactments and executive action, and to strike down what violates the Constitution.