MP Civil Judge flashcards

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

Res judicata essentials

A former suit decided by a competent court, between the same parties or their privies, on the same subject matter and title, bars a subsequent suit; the earlier decision must have been on merits.

Order II Rule 2 bar

A plaintiff who omits a relief arising from the same cause of action and later sues for it is barred, provided the earlier suit was decided on merits.

Section 9 CPC jurisdiction

Civil courts try all suits of a civil nature unless cognizance is expressly or impliedly barred; the party asserting the bar bears the burden of proving it.

Specific performance readiness

Under Section 16(c) of the Specific Relief Act, the plaintiff must plead and prove continuous readiness and willingness to perform from the date of the contract onwards.

Section 54 TPA sale

A sale of tangible immovable property worth Rs. 100 or more requires a registered instrument; below that value, delivery of possession suffices.

Article 54 limitation

A suit for specific performance must be brought within three years from the date fixed for performance or, if none, from notice of refusal.

Set-off under Order VIII

A defendant's written claim of an ascertained sum legally recoverable from the plaintiff, within the same jurisdiction, operating as a cross-suit against the plaintiff's demand.

Section 34 CPC interest

The court may award interest at a reasonable rate from the date of the decree; where no rate is specified, the current rate of interest under the Interest Act, 1978 applies.

Murder versus culpable homicide

Culpable homicide becomes murder when the act falls within one of the four clauses of Section 300 IPC, such as intention to cause death or injury sufficient in the ordinary course to cause death.

Sudden provocation exception

Murder is reduced to culpable homicide where provocation was grave and sudden, not sought by the offender, and retaliation occurred before passion had cooled.

Section 84 unsound mind

An act is not an offence if, at the time, the accused was incapable of knowing the nature of the act or that it was wrong or contrary to law.

Section 149 constructive liability

Every member of an unlawful assembly is liable for an offence committed in prosecution of the common object; no overt act by the member is required.

Section 34 common intention

Joint liability arises where two or more persons share a common intention and participate in furtherance of it; it creates no distinct offence.

Rarest of rare doctrine

Under Bachan Singh, life imprisonment is the rule and death the exception, reserved for cases of extreme depravity shocking the collective conscience of the community.

Theft essentials

Dishonest intention to take movable property out of another's possession without consent; the taking must occur in the course of the act, not afterwards.

Criminal conspiracy agreement

An agreement between two or more persons to commit an illegal act, or a legal act by illegal means; mere intention or knowledge is insufficient.

Section 304 Part I and II

Part I covers culpable homicide with intention to cause death or injury likely to cause death; Part II covers acts done with knowledge but without such intention.

Private defence burden

When the accused claims a general exception such as private defence, the burden of proving its existence lies on the accused under Section 105 of the Evidence Act.

Definition of proved

A fact is proved when the court, after considering the matters before it, believes it to exist or considers its existence so probable that a prudent person would act on that supposition.

Burden of proof sections

Section 101 places the burden on the party who would fail if no evidence were given; Section 102 places it on the party who asserts a fact, not the one who denies it.

Section 25 confession bar

No confession made to a police officer may be proved against an accused; Section 26 extends the bar to confessions made in police custody unless before a magistrate.

Section 27 discovery proviso

So much of information given by an accused in custody as leads distinctly to the discovery of a fact may be proved, even if it amounts to a confession.

Dying declaration admissibility

A statement as to the cause of the declarant's death is admissible under Section 32(1) even without corroboration if the court finds it truthful; it need not be recorded by a magistrate.

Section 65B certificate

Electronic records are inadmissible unless accompanied by a certificate from a responsible official identifying the record and describing the manner of its production.

Secondary evidence conditions

Secondary evidence of a document is admissible only where the original is lost, destroyed, in the opposite party's possession, not easily movable, or a public document.

Expert opinion Section 45

Opinions of experts on foreign law, science, art, handwriting, and finger impressions are admissible, but they are advisory and do not bind the court.

Article 14 classification test

Equal protection permits reasonable classification founded on an intelligible differentia having a rational nexus to the object sought to be achieved by the law.

Article 21 fair procedure

After Maneka Gandhi, deprivation of life or personal liberty must follow a procedure established by law that is fair, just, and reasonable.

Article 32 as a right

The right to move the Supreme Court for enforcement of fundamental rights is itself a fundamental right and can be suspended only as Article 359 provides.

Article 226 writ jurisdiction

High Courts may issue writs to enforce fundamental rights and for any other purpose; the jurisdiction is wider than Article 32 but discretionary, not a matter of right.

Article 20(3) self-incrimination

No person accused of an offence may be compelled to be a witness against himself; the protection covers compulsory testimonial evidence, not physical evidence such as fingerprints.

Basic structure doctrine

Parliament's amending power cannot destroy essential features of the Constitution, including judicial review, federalism, secularism, and free and fair elections.