MP Civil Judge key terms

A final judgment bars the same parties from litigating the same cause of action again. Section 11 CPC codifies it to prevent endless, conflicting suits.

A ground of defence or attack that could and ought to have been raised in an earlier suit cannot be raised later. Explanation IV to Section 11 CPC covers such matters.

The formal expression of an adjudication that conclusively determines the rights of parties in a suit. Section 2(2) CPC defines it, and it may be preliminary or final.

The formal expression of any decision of a civil court that is not a decree. Orders are defined in Section 2(14) CPC and are generally appealable only as the Code allows.

The High Court's power under Section 115 CPC to correct jurisdictional errors or material irregularities in subordinate court orders. It is discretionary and not a routine appeal.

A statutory remedy asking a higher court to review and reverse a lower court's decision. The right is not inherent; it must be conferred by law.

Returning benefits a party received under a decree later reversed or modified. Section 144 CPC empowers the court to restore the parties to their original position.

A court order restraining a party from doing an act or compelling performance. Temporary injunctions under Order XXXIX CPC last until the suit is decided.

A decree compelling a party to carry out a contractual promise as agreed, instead of paying damages. The Specific Relief Act, 1963 governs when courts grant it.

An agreement that the law treats as never enforceable, such as one with a minor or an unlawful object. Section 2(g) of the Contract Act covers it.

Something of value each party gives in exchange for the other's promise. Section 2(d) of the Contract Act defines it and makes a promise without it generally unenforceable.

Agreement given without coercion, undue influence, fraud, misrepresentation, or mistake. Section 14 of the Contract Act defines it, and its absence makes the contract voidable.

The guilty mental state required for most criminal offences, such as intention, knowledge, or recklessness. It is the mental element that pairs with the prohibited act.

The prohibited physical act or omission that makes up the conduct element of a crime. Criminal liability generally requires both this external element and the mental element.

A deliberate state of mind aimed at producing a particular result. Courts distinguish it from mere knowledge or negligence when fixing the nature of the offence.

A shared plan among several persons to commit an offence. Section 34 IPC makes each participant liable for acts done in furtherance of that common intention.

A shared purpose held by members of an unlawful assembly. Section 149 IPC makes every member vicariously liable for offences committed in prosecution of that object.

A gathering of five or more persons with a common object that is illegal or likely to cause disturbance. Section 141 IPC lists the purposes that make an assembly unlawful.

Instigating, conspiring, or intentionally aiding another to commit an offence. Sections 107 to 120 IPC define it and fix liability even when the offence is not completed.

An agreement between two or more persons to commit an illegal act or a lawful act by illegal means. It is punishable separately under Section 120B IPC.

Causing death by an act done with the intention of causing death, or of causing injury likely to cause death, or with knowledge of that likelihood. Section 299 IPC defines it.

Culpable homicide falling within the aggravated categories in Section 300 IPC, such as killing with clear intention or in a cruel manner. It carries heavier punishment than other homicides.

Dishonestly taking movable property out of another person's possession without consent. Section 378 IPC defines it, and Section 379 prescribes the punishment.

Theft or extortion committed with force or the threat of instant harm. Sections 390 and 392 IPC define and punish it, and it is aggravated when committed on a highway.

Dishonestly misappropriating property entrusted to a person in a fiduciary capacity. Section 405 IPC defines it, and Section 406 IPC prescribes the punishment.

The obligation of a party to prove a fact in issue. Sections 101 to 103 of the Evidence Act place it on the party who asserts a fact.

The duty to adduce evidence at a particular stage of a case. It may shift between parties as evidence is led, unlike the fixed burden of proof.

A rule allowing a court to treat a fact as proved from another established fact. Presumptions may be rebuttable, as in Section 114, or conclusive, as in Section 41.

A statement by a party suggesting an inference about a fact in issue. Sections 17 to 23 of the Evidence Act govern admissions, which are not conclusive proof.

A statement by an accused admitting the offence. Sections 24 to 30 of the Evidence Act deal with its admissibility, including confessions to police being generally inadmissible.

A statement by a person about the cause of their death, admissible even though the maker cannot be cross-examined. Section 32(1) of the Evidence Act permits it.

An out-of-court statement offered to prove its truth, generally excluded because the maker is not cross-examined. Statutory exceptions include dying declarations and admissions.

A witness who, when called, gives evidence unfavourable to the party who called them. The court may permit cross-examination by that party under Section 154 of the Evidence Act.

The first questioning of a witness by the party who calls them. Sections 137 and 138 of the Evidence Act require it to be followed by cross-examination and re-examination.

Parliament cannot amend the Constitution so as to destroy its essential features. Established in Kesavananda Bharati, it limits the amending power under Article 368.

The authority under Article 368 to alter the Constitution by a special majority, and in some cases with state ratification. It is subject to the basic structure doctrine.

The courts' power to test legislation and executive action against the Constitution and strike down what violates it. Articles 13, 32, and 226 provide the framework.

A formal constitutional order issued by a High Court or the Supreme Court to protect fundamental rights. Habeas corpus, mandamus, certiorari, prohibition, and quo warranto are the five types.

A writ commanding that a detained person be produced before the court so the legality of detention can be examined. It protects personal liberty under Articles 32 and 226.