TN Civil Judge Exam flashcards

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

Res judicata

A final decision on the merits by a competent court bars the same parties or their privies from relitigating the same cause of action. It rests on Section 11 CPC and prevents multiplicity of suits.

Constructive res judicata

A matter that might and ought to have been raised in an earlier suit is deemed decided against the party who omitted it, under Explanation IV to Section 11 CPC, even though no finding was recorded on it.

Substantial question of law

A question of law arising in a second appeal that is not settled by precedent or is of general importance. Section 100 CPC requires the High Court to formulate it before hearing the appeal.

Temporary injunction

An interim order under Order XXXIX Rules 1 and 2 CPC restraining a party from acts that would cause irreparable injury. It requires a prima facie case, balance of convenience and absence of adequate remedy in damages.

Amendment of pleadings

Order VI Rule 17 CPC permits alteration of pleadings at any stage to determine the real question in controversy, but not where it causes prejudice incapable of compensation by costs or introduces a time-barred claim.

Rejection of plaint

Order VII Rule 11 CPC empowers the court to reject a plaint where it discloses no cause of action, is barred by law or limitation, is under-valued, or lacks jurisdiction, after hearing the plaintiff.

Inherent powers of court

Section 151 CPC preserves the court's power to make orders necessary to secure the ends of justice or prevent abuse of process, provided no express provision of the Code governs the situation.

Pendente lite interest

Interest awarded under Section 34 CPC for the period between institution of the suit and the decree. The court has discretion over the rate, subject to statutory ceilings and reasons recorded in the decree.

Order II Rule 2 bar

A plaintiff who omits to claim a relief arising from the same cause of action cannot sue for it later. The bar applies only where the earlier suit was decided and the omitted relief was then available.

Set-off and counterclaim

Order VIII Rules 6 and 6A CPC allow the defendant to plead a set-off of ascertained sums or a counterclaim against the plaintiff's claim, which is treated as a plaint and requires court fee.

Restitution

Section 144 CPC requires a party who obtained a decree later reversed or varied to restore the benefit received, so that the successful party is placed in the position occupied before execution.

Murder under Section 300

Culpable homicide becomes murder when done with intention to cause death, intention to cause injury likely to cause death, injury sufficient in the ordinary course to cause death, or knowledge of imminently dangerous act.

Culpable homicide

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

Grave and sudden provocation

Exception 1 to Section 300 IPC reduces murder to culpable homicide where the offender loses self-control due to sudden provocation not sought or voluntarily provoked, and the retaliation is proportionate.

Rarest of rare doctrine

The principle limiting the death penalty under Section 302 IPC to exceptional cases where the crime shocks the collective conscience and no alternative sentence is adequate, after weighing aggravating and mitigating circumstances.

Dowry death

Section 304B IPC covers the death of a woman within seven years of marriage from burns, injury or abnormal circumstances, preceded by cruelty or harassment for dowry. Minimum punishment is seven years.

Cruelty under Section 498A

Conduct by the husband or his relatives likely to drive a woman to suicide or cause grave injury or health danger, or harassment for dowry. Punishment extends to three years and fine.

Common intention

Section 34 IPC imposes joint liability where a criminal act is done by several persons in furtherance of a common intention. It requires a prior meeting of minds, not mere presence at the scene.

Abetment

Section 107 IPC defines abetment as instigating a person to commit an offence, engaging in a conspiracy to commit it, or intentionally aiding its commission. Section 109 prescribes punishment when the act is committed.

Default bail

Under Section 167(2) CrPC, an accused held in custody becomes entitled to bail if the investigation is not completed within sixty or ninety days, unless a charge sheet is filed before the application.

Statement to police

Section 162 CrPC bars the use of statements made to police during investigation as evidence, except for contradiction of a prosecution witness under Section 145 of the Evidence Act.

Proof beyond reasonable doubt

The standard in criminal trials under Section 4 of the Evidence Act: guilt must be established so that the court believes it to exist, leaving no reasonable doubt consistent with innocence.

Private defence

Sections 96 to 106 IPC justify the use of force to protect person or property against unlawful aggression. The force must be proportionate and the right ends when the threat ceases.

Criminal conspiracy

Section 120A IPC defines it as an agreement between two or more persons to do an illegal act or a lawful act by illegal means. Section 120B prescribes punishment for the offence.

TNPSC recruitment authority

The Tamil Nadu Public Service Commission conducts the competitive examination for direct recruitment to the Tamil Nadu State Judicial Service under the State Judicial Service Rules, 2007.

Civil Judge eligibility

Direct recruitment to the Civil Judge cadre requires a law degree from a recognised university and enrolment as an advocate, with age limits and category relaxations fixed by the rules and notification.

Selection stages

The selection process comprises a preliminary objective examination, a main written examination, and a viva voce. Only main examination and interview marks count toward the final merit list.

Preliminary examination role

The preliminary examination is objective and qualifying. Candidates who secure the cut-off are admitted to the main written examination, and preliminary marks are not carried forward to the final selection.

Probation on appointment

A person appointed to the judicial service must complete the probation period prescribed by the rules and is liable to discharge during probation if performance or conduct is unsatisfactory.

Service seniority

Seniority within the Tamil Nadu State Judicial Service is fixed by the date of appointment to the cadre, subject to inter se seniority rules and the reservation roster applicable to State services.