Odisha Civil Judge key terms

A matter already decided by a competent court cannot be litigated again between the same parties. Section 11 of the Code of Civil Procedure bars a fresh suit on the same cause of action.

A ground of defence or attack that ought to have been raised in an earlier suit but was omitted is treated as decided against the party. Explanation IV to Section 11 of the Code of Civil Procedure applies it.

The formal expression of an adjudication that conclusively determines the rights of parties regarding the matters in controversy. Section 2(2) of the Code of Civil Procedure defines it and distinguishes decrees from mere orders.

A decree passed where further proceedings must follow before the suit is fully disposed of, such as a decree for partition or for accounts. Order XX Rule 12 to 18 of the Code of Civil Procedure deals with it.

Profits a person in wrongful possession of property actually received or might have received with ordinary diligence, plus interest. Section 2(12) of the Code of Civil Procedure defines the expression.

The bundle of facts that a plaintiff must prove to obtain relief. It determines jurisdiction, joinder of parties and whether a suit is barred by res judicata or limitation.

The document by which a plaintiff institutes a suit, setting out the facts, the cause of action and the relief claimed. Order VII of the Code of Civil Procedure governs its contents and rejection.

The defendant's pleading responding to the plaint, admitting, denying or taking fresh grounds. Order VIII of the Code of Civil Procedure regulates its filing and set-off provisions.

A claim by the defendant for a reciprocal sum owed by the plaintiff, allowed as a defence to reduce the plaintiff's claim. Order VIII Rule 6 of the Code of Civil Procedure permits it in money suits.

A claim raised by the defendant against the plaintiff in the same suit, independent of the original claim. Order VIII Rule 6A of the Code of Civil Procedure treats it as a plaint in a cross-suit.

A judicial order restraining a person from doing, or requiring the doing of, a specified act. Temporary injunctions are governed by Order XXXIX of the Code of Civil Procedure and the Specific Relief Act.

A decree compelling a party to carry out its contractual promise where damages are inadequate. The Specific Relief Act, 1963, as amended in 2018, makes it the general rule rather than an exception.

The rule that a person once acquitted or convicted cannot be tried again for the same offence. Section 300 of the Code of Criminal Procedure and Article 20(2) of the Constitution protect against double jeopardy.

A plea that the accused was previously acquitted of the same offence by a competent court. It is a bar to retrial and is one of the pleas of previous acquittal or conviction under criminal procedure.

The formal statement of accusation framed by a court, telling the accused precisely what offence is alleged. Sections 211 to 224 of the Code of Criminal Procedure govern its framing, alteration and joinder.

An offence for which a police officer may arrest without a warrant and investigate without the magistrate's order. Section 2(c) of the Code of Criminal Procedure classifies offences this way.

An offence for which police cannot arrest without a warrant or investigate without a magistrate's order. Section 2(l) of the Code of Criminal Procedure defines it, and a complaint is usually required.

The first information about a cognizable offence recorded by police, usually under Section 154 of the Code of Criminal Procedure. It sets the investigation in motion and may be used to corroborate or contradict.

An allegation made to a magistrate with a view to action being taken, but not a police report. Section 2(d) of the Code of Criminal Procedure defines it and Chapter XV governs its procedure.

A case relating to an offence punishable with imprisonment of two years or less. Section 2(w) of the Code of Criminal Procedure defines it, and a summons is the normal process.

A case relating to an offence punishable with death, life imprisonment or imprisonment exceeding two years. Section 2(x) of the Code of Criminal Procedure defines it and a warrant is normally issued.

The release of an accused person from custody on security that he will appear for trial. Sections 436 to 439 of the Code of Criminal Procedure distinguish bailable, non-bailable and anticipatory bail.

A direction that a person apprehending arrest in a non-bailable offence be released on bail if arrested. Section 438 of the Code of Criminal Procedure governs it and is usually time-bound.

Causing death by doing an act with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with knowledge that the act is likely to cause death. Section 299 of the Indian Penal Code defines it.

Culpable homicide falling within one of the four clauses of Section 300 of the Indian Penal Code, such as intention to cause death or knowledge that the act must cause death. It is punished under Section 302.

The guilty mental state required for criminal liability, such as intention, knowledge or rashness. Indian criminal law generally requires mens rea unless a statute excludes it, as in strict liability offences.

The prohibited physical act or omission that constitutes the external element of a crime. Liability normally requires actus reus combined with mens rea, except where the statute imposes strict liability.

An offence where the prosecution need not prove mens rea, only the prohibited act. Examples include certain food adulteration and environmental offences, though limited defences may be available.

A statement made out of court and offered to prove the truth of its contents, generally inadmissible unless it falls within an exception. Sections 32, 33 and 60 of the Indian Evidence Act illustrate exceptions.

A statement by a person about the cause of his death, admissible even though the maker cannot be examined. Section 32(1) of the Indian Evidence Act makes it a major exception to hearsay.

The obligation of a party to prove the facts it asserts. Sections 101 to 114 of the Indian Evidence Act allocate the burden, with exceptions such as Section 106 for facts especially within a person's knowledge.

The constitutional principle that Parliament cannot amend the Constitution so as to destroy its essential features. It was established in Kesavananda Bharati v. State of Kerala (1973).

The power of courts to examine the constitutionality of legislative and executive action and strike down what violates the Constitution. Articles 13, 32 and 226 provide the textual basis.

A command from a court to a public authority to perform a public duty it has failed to perform. Article 32 and Article 226 empower the Supreme Court and High Courts to issue it.

A writ quashing a decision of an inferior court or tribunal acting without jurisdiction or contrary to natural justice. High Courts issue it under Article 226 and the Supreme Court under Article 32.

The introductory statement of the Constitution declaring its source of authority and objectives such as justice, liberty, equality and fraternity. It is not enforceable but aids interpretation of constitutional provisions.

The legal rule or principle on which a court's decision is based, and which binds lower courts as precedent. It is distinguished from obiter dicta, which are persuasive but not binding.

Judicial observations made in passing that are not necessary for the decision. They carry persuasive value but do not bind lower courts as precedent does.

A form of reasoning where a conclusion follows from two premises, a major and a minor. In reasoning tests, candidates must decide which conclusions logically follow from given statements.

A question type presenting statements with quantifiers such as all, some and none, and asking which conclusions necessarily follow. Venn diagram methods are commonly used to solve them quickly.

A reasoning item asking for a pair of words or numbers with the same relationship as a given pair. The relationship may be causal, functional, part-whole or based on degree.

A quantitative aptitude topic comparing two quantities of the same kind. Problems often involve dividing amounts in a given ratio or finding an unknown term in a proportion.

The sum of a set of quantities divided by their number. Aptitude problems often involve changes in average when a member is added, removed or replaced.

A fraction expressed as a part per hundred. It is used in aptitude problems on profit and loss, simple and compound interest, and data interpretation.

An aptitude topic where the rate of work is expressed as a fraction of work done per day. Problems ask how long persons working together or alternately will take to finish a task.

The writing system used for the Odia language, with rounded characters and distinct vowel signs. Candidates must read and write it accurately for the language paper.

The rules governing Odia word formation, sentence structure and agreement. The language paper tests sandhi, samasa, karaka, vibhakti and transformation of sentences.

A fixed expression in Odia whose meaning differs from the literal words, such as common phrases used in literature. Candidates must identify or use idioms and proverbs correctly.

The grammatical transformation where the object of an active sentence becomes the subject of a passive one. English papers test this along with tense and subject-verb agreement.

The conversion of quoted speech into reported speech, changing pronouns, tense and time expressions. It is a standard item in the General English paper.

A rule of law established by a court that binds lower courts in the same hierarchy in later cases with similar facts. The Supreme Court's decisions bind all courts under Article 141.