TN Civil Judge Exam key terms

A bar under Section 11 CPC preventing a party from suing again on a matter already decided between the same parties by a competent court, so litigation ends conclusively.

The rule in Section 10 CPC that a civil court stays trial of a suit where the same matter, between the same parties, is already pending before another competent court.

Explanation IV to Section 11 CPC: a ground of defence or attack that might and ought to have been raised in an earlier suit is deemed decided, and cannot be raised later.

The provision treating any matter that might and ought to have been made a ground of attack or defence in a prior suit as constructively decided, barring its later assertion.

Section 52 Transfer of Property Act: during a pending suit affecting immovable property, a transferee takes subject to the final decree, so buyers cannot defeat the litigation.

Section 43 Transfer of Property Act: if a transferor later acquires the interest he purported to transfer, that interest passes to the transferee, validating the earlier defective transfer.

The 1882 statute governing inter vivos transfers of immovable property in India, covering sale, mortgage, lease, exchange, gift and actionable claims, with Section 54 defining sales.

A discretionary equitable decree under the Specific Relief Act compelling a contracting party to carry out the contract as agreed, usually where damages are inadequate compensation.

Section 16(c) Specific Relief Act: a plaintiff seeking specific performance must plead and prove continuous readiness and willingness to perform his part of the contract.

An order of court restraining a person from doing, or requiring him to do, a specified act; temporary injunctions under Order XXXIX CPC regulate matters pending suit.

The first of three tests for a temporary injunction: the plaintiff must show a serious question to be tried, not a certain victory, before interim protection is granted.

A test for interim injunction asking which party suffers greater irreparable harm if relief is wrongly granted or refused, guiding the court's discretion.

Harm that cannot be adequately compensated in money or undone later, the third requirement for a temporary injunction under Order XXXIX Rules 1 and 2 CPC.

The Code of Civil Procedure provisions on temporary injunctions and interlocutory orders, including rules on granting, varying, discharging and enforcing such orders.

The document by which a plaintiff institutes a civil suit under Order VII CPC, setting out the facts, cause of action, jurisdiction and relief claimed.

The defendant's pleading under Order VIII CPC responding to the plaint, raising defences, objections and counterclaims within the time allowed by the court.

A defendant's plea under Order VIII Rule 6 CPC to reduce or extinguish the plaintiff's claim by an ascertained sum legally recoverable from the plaintiff.

A claim by the defendant against the plaintiff, made in the written statement under Order VIII Rule 6A CPC, treated as a separate suit for procedural purposes.

The bundle of facts which, taken with the law, gives the plaintiff a right to sue; it determines jurisdiction and must be pleaded in the plaint.

Section 2(2) CPC: the formal expression of an adjudication conclusively determining the rights of parties, which may be preliminary or final, but not an interlocutory order.

Section 2(14) CPC: the formal expression of any decision of a civil court that is not a decree, appealable only where the Code expressly provides.

A proceeding by which a party aggrieved by a decree or appealable order asks a higher court to review and reverse it, governed by Sections 96 to 112 CPC.

The High Court's supervisory power under Section 115 CPC to correct jurisdictional errors or material irregularities in subordinate court orders, not to reappreciate evidence.

The guilty mental state required for most offences, such as intention, knowledge, rashness or negligence, which must accompany the prohibited act.

The prohibited physical act or omission that, combined with the required mental state, constitutes the offence; it excludes involuntary movements.

The deliberate design to commit a forbidden act, distinguished from mere knowledge of likely consequences; it is the highest form of mens rea.

Section 34 IPC: when several persons act in furtherance of a shared design, each is liable for the offence as if committed alone, requiring prior meeting of minds.

Section 149 IPC: every member of an unlawful assembly is liable for offences committed in prosecution of the assembly's common object, even without personal participation.

Section 141 IPC: an assembly of five or more persons with a common object to use criminal force, intimidate, or commit mischief or other specified wrongs.

Section 107 IPC: instigating, conspiring or intentionally aiding another to commit an offence; the abettor is punishable even if the offence is not completed in some cases.

Section 120A IPC: an agreement between two or more persons to do an illegal act, or a legal act by illegal means, punishable under Section 120B.

Section 146 IPC: the use of force or violence by an unlawful assembly, or any member thereof, in prosecution of its common object.

Section 299 IPC: causing death by an act done with intention to cause death, or knowledge that it is likely to cause death, without the higher threshold of murder.

Section 300 IPC: culpable homicide falling within four specified clauses, such as intention to cause death or knowledge of imminently dangerous acts, punishable under Section 302.

Sections 96 to 106 IPC: the right to use reasonable force to protect one's body or property, or another's, from imminent unlawful harm, without being an offence.

Section 378 IPC: dishonest taking of movable property out of another's possession without consent, with the intention of permanently depriving that person.

Section 405 IPC: dishonest misappropriation or conversion of property entrusted to a person, or disposal in violation of a legal contract or direction.

Section 24 IPC: intention to cause wrongful gain to one person or wrongful loss to another; it is the mental element in theft and several property offences.

The Tamil Nadu State Judicial Service Rules, 2007, governing recruitment, probation, seniority, promotion and discipline of subordinate judicial officers in the State.

Entry to the Tamil Nadu State Judicial Service as Civil Judge (Junior Division) through the competitive examination and viva voce conducted by the High Court.

An initial trial period of service during which a judicial officer's performance and suitability are assessed before confirmation in the service.

The ranking of judicial officers in the service determined by the rules, generally by date of appointment to a category, subject to probation and rule adjustments.

Advancement of a judicial officer from Civil Judge (Junior Division) to Senior Division and higher posts, based on seniority, merit and eligibility under the rules.