Telangana Civil Judge flashcards

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

Res judicata

A matter directly and substantially in issue in a former suit between the same parties, decided by a competent court, cannot be re-litigated; it bars a fresh suit on the same cause of action.

Order VII Rule 11

The plaint may be rejected at any stage where it discloses no cause of action, is undervalued, is insufficiently stamped, is barred by law, or fails to comply with a statutory notice.

Default bail

Under BNSS Section 187 (CrPC Section 167), an accused is entitled to bail if the investigation is not completed within 60 or 90 days and a charge-sheet is not filed, provided he is willing to furnish bail.

Zero FIR

An FIR registered by a police station that lacks territorial jurisdiction and later transferred to the appropriate station; BNSS Section 173 formalises this practice to avoid delay in registering cognizable offences.

Anticipatory bail

A direction under Section 438 CrPC / BNSS Section 438 that in the event of arrest, the applicant be released on bail; it may be granted by the High Court or Court of Session and usually continues till trial ends.

Culpable homicide

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 (BNS Section 100).

Dacoity

Robbery committed by five or more persons conjointly; under BNS Section 111 (IPC Section 391) it is punishable with life imprisonment or rigorous imprisonment up to ten years, and fine.

Criminal breach of trust

Dishonest misappropriation or conversion of property entrusted to a person, or disposal of it in violation of law or contract; BNS Section 316 (IPC Section 405) defines it, with aggravated forms carrying higher punishment.

Dying declaration

A statement made by a person as to the cause of his death or the circumstances of the transaction resulting in his death; admissible under BSA Section 32 (Evidence Act Section 32) even without the declarant's testimony.

Section 65B certificate

A certificate accompanying electronic evidence, signed by a person occupying a responsible official position, identifying the electronic record and describing how it was produced; mandatory for admissibility of secondary electronic evidence.

Burden of proof

The obligation on a party to prove the existence of a fact asserted; under BSA Section 103 (Evidence Act Section 101) it lies on the party who asserts the fact, and shifts under Section 106 where the fact is specially within another's knowledge.

Doctrine of part performance

Section 53A TPA protects a transferee in possession under a written, signed contract who has performed or is willing to perform his part, against the transferor, even if the sale deed is not registered.

Clog on redemption

Any contractual term that prevents the mortgagor from redeeming the mortgage after the mortgage money has been paid is void under Section 60 TPA; the right of redemption cannot be extinguished by agreement.

Easement by prescription

Under Section 15 of the Easements Act, 1882, an easement may be acquired by peaceable and open enjoyment of another's land as of right for twenty years without interruption.

Doctrine of frustration

Section 56 of the Contract Act: a contract becomes void if performance becomes impossible or unlawful after it is made, without the fault of either party, discharging both parties from further performance.

Readiness and willingness

A mandatory requirement under Section 16(c) of the Specific Relief Act, 1963: the plaintiff must plead and prove continuous readiness and willingness to perform the contract from its date to the decree.

Liquidated damages

A sum named in the contract as payable on breach; under Section 74 of the Contract Act the court awards reasonable compensation not exceeding that sum, irrespective of actual loss proved.

Irretrievable breakdown

A ground for divorce introduced by the Supreme Court in Shilpa Sailesh v. Varun Sreenivasan (2023), allowing dissolution of marriage under Article 142 where the marriage is beyond repair.

Coparcenary daughter

After the 2005 amendment to Section 6 of the Hindu Succession Act, a daughter is a coparcener by birth with the same rights and liabilities as a son in joint family property.

Section 14 Hindu Succession Act

Property possessed by a female Hindu, whether acquired before or after the Act, is held by her as full owner and not as a limited owner, converting pre-existing limited estates into absolute ownership.

Section 49 Registration Act

An unregistered document affecting immovable property is inadmissible as evidence of the transaction, but may be used to prove part performance or an oral agreement.

Adverse possession

Under Article 65 of the Limitation Act, a suit for possession based on title must be filed within twelve years from the date the defendant's possession becomes adverse to the plaintiff.

Impounding of instrument

Under Section 35 of the Indian Stamp Act, an insufficiently stamped instrument is inadmissible until the court impounds it and the duty and penalty are paid, after which it may be admitted in evidence.

Article 21

Guarantees the right to life and personal liberty, which cannot be deprived except by procedure established by law; the Supreme Court has read into it privacy, dignity, speedy trial and legal aid.

Basic structure doctrine

Derived from Kesavananda Bharati v. State of Kerala (1973), it holds that Parliament cannot amend the Constitution so as to destroy its essential features, such as secularism, federalism and judicial review.

Writ of quo warranto

A writ issued to inquire into the legality of a person's claim to a public office of a substantive character; it is available under Articles 32 and 226 and is not available for private offices.

Hostile witness

A witness permitted by the court to be cross-examined by the party who called him under Section 154 of the Evidence Act (BSA Section 157) because he resiles from his earlier statement.

Res ipsa loquitur

The thing speaks for itself: where the accident is of a kind that ordinarily does not happen without negligence, the burden shifts to the defendant to explain, though the plaintiff must still prove the accident.

Circumstantial evidence test

The Panchsheel principles from Sharad Birdhichand Sarda: circumstances must be fully established, consistent only with guilt, conclusive in nature, and form a complete chain excluding innocence.

Bharatiya Nyaya Sanhita, 2023

The new penal code replacing the Indian Penal Code, 1860, effective 1 July 2024; it contains 358 sections and introduces community service as a punishment for certain offences.

Telangana formation

Telangana became the 29th state of India on 2 June 2014 under the Andhra Pradesh Reorganisation Act, 2014, with Hyderabad as its capital for an initial period of ten years.

Pattadar passbook

A document issued under the Telangana Rights in Land and Pattadar Passbooks Act, 2020, recording the holder's title and land details; it is evidence of title but not conclusive against a civil court decree.