Maharashtra Civil Judge (JD) & JMFC key terms

The formal written statement by which a plaintiff starts a civil suit, setting out the material facts, the cause of action and the relief claimed.

The defendant's formal response to the plaint, in which each material allegation is admitted, denied or explained and preliminary objections may be raised.

The rule that a matter directly and substantially in issue, already decided between the same parties by a competent court, cannot be litigated again.

The formal expression of an adjudication which conclusively determines the rights of the parties in a suit, and may be preliminary or final.

The process by which a decree holder asks the court to enforce a decree, through attachment and sale of property, arrest or delivery of possession.

An appeal to the High Court against an appellate decree, which lies only where the case raises a substantial question of law.

The first information about a cognizable offence recorded by the police, which sets the machinery of criminal investigation in motion.

An offence in which a police officer may arrest a suspect without a warrant and investigate without the prior order of a magistrate.

The report filed by police before the magistrate after completing investigation, naming the accused, the offences and the evidence gathered.

Direction for release on bail given in advance to a person who apprehends arrest in a non-bailable offence, subject to conditions.

The right of an accused to release when investigation is not complete and no charge sheet is filed within the period fixed by law.

The principle that acts, statements and circumstances forming part of the same transaction as the fact in issue are relevant and admissible.

A statement by a person about the cause of his death or the circumstances of the transaction that caused it, admissible even without oath.

A voluntary acknowledgement of guilt by a person accused of an offence; a confession made to a police officer is not admissible in evidence.

The duty of a party to establish a fact by evidence; in a criminal trial it rests on the prosecution, which must prove guilt beyond reasonable doubt.

A witness who, by his demeanour or answers, shows unwillingness to tell the truth, allowing the party who called him to cross-examine him.

The right to use reasonable and proportionate force to protect one's own body or property, or another person, from unlawful attack.

A shared prior design between persons to commit a crime, making each of them liable for acts done in furtherance of that design.

Instigating a person to commit an offence, conspiring with others to do so, or intentionally aiding its commission, punishable as a separate offence.

The guilty state of mind, such as intention, knowledge or recklessness, required by a penal provision along with the prohibited act.

Something of value - an act, forbearance or promise - given by one party in return for the other's promise, making an agreement enforceable.

A discretionary equitable relief ordering a contracting party to carry out the contract, granted where damages would not adequately compensate the plaintiff.

An interim order restraining a party from doing or continuing an act pending the suit, granted to preserve the status quo and prevent irreparable harm.

The rule that property in dispute in a pending suit cannot be transferred so as to prejudice the rights of the parties to that suit.

The group of persons who acquire an interest by birth in joint Hindu family property, including daughters, with rights of survivorship and partition.

The dower a Muslim husband agrees to pay or give to his wife as part of the marriage contract, which may be prompt or deferred.

The devolution of a deceased person's property by operation of law where no valid will exists, governed by personal law or statute.

A constitutional writ directing a lower court or tribunal to send its record so that the High Court may quash an order lacking jurisdiction or contrary to natural justice.

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

The power of constitutional courts to test legislative and executive action against the Constitution and to declare it invalid when ultra vires.

The maximum rent fixed or determinable under rent control legislation, above which a landlord cannot lawfully recover rent from a tenant.

A landlord's genuine, honest and reasonable need for the premises for his own occupation or that of his family, a ground for eviction.

The formal recording of a document with the sub-registrar, compulsory for certain instruments affecting immovable property, affecting their validity, notice and admissibility.

Breach of a duty of care owed to others, giving rise to liability when the breach causes damage that is not too remote.

The liability of one person for another's wrongful act, typically an employer's liability for acts done by an employee in the course of employment.

The legal rule or principle on which a court's decision rests, which binds lower courts in later cases involving similar facts.

A person who takes a negotiable instrument in good faith, for value, before maturity and without notice of any defect in the transferor's title.

A partnership with no fixed duration or provision for determination, which any partner may dissolve by giving notice to the others.

The protection of confidential communications between an advocate and a client made in professional employment, which cannot be disclosed without the client's consent.

A situation where an advocate's personal interest, or duty to another client, may improperly influence his professional judgment or loyalty.