Telangana Civil Judge key terms

A bar under Section 11 CPC preventing a party from re-litigating a suit issue that was directly and substantially decided between the same parties by a competent court in an earlier suit.

Explanation IV to Section 11 CPC: a matter that might and ought to have been raised as a ground of attack or defence in the earlier suit is deemed decided, even if not pleaded.

CPC provision empowering the court to reject a plaint where it discloses no cause of action, is barred by law, or lacks the required court fee or jurisdiction facts.

An interim order under Order XXXIX Rules 1 and 2 CPC restraining a party during the pendency of a suit, granted on prima facie case, irreparable injury and balance of convenience.

An injunction granted without notice to the opposite party where delay would defeat the purpose; it must ordinarily be limited to fifteen days after service of the order.

An application under Order XXI CPC filed by a decree-holder seeking enforcement of a decree through attachment, sale, delivery or arrest of the judgment-debtor.

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

Under Order VI CPC, the plaint and written statement containing material facts on which a party relies, but not the evidence by which those facts are proved.

Under Section 211 BNSS (formerly Section 173 CrPC), the formal accusation framed by a court against an accused, stating the offence, its time, place and manner with sufficient clarity.

An order under Section 227 BNSS (Section 239 CrPC) releasing an accused without trial when the record and documents disclose no sufficient ground to proceed against him.

The judicial act of reducing the accusation to a written, precise form under Section 228 BNSS so that the accused knows exactly what he must answer at trial.

An offence for which a police officer may, under the First Schedule to the BNSS, arrest without a warrant and investigate without the magistrate's prior order.

A first information report registered by a police station that lacks territorial jurisdiction and later transferred to the competent station, ensuring no delay in registering a cognizable complaint.

Pre-arrest bail under Section 482 BNSS (Section 438 CrPC) granted by a Sessions Court or High Court to a person apprehending arrest in a non-bailable offence.

Statutory bail under Section 187 BNSS (Section 167 CrPC) where investigation is not completed within the prescribed period, entitling the accused to release as of right.

The guilty mental state required for criminal liability, such as intention, knowledge or rashness; Sections 3 and 4 BNS make it the general foundation of offences.

The prohibited physical act or omission that, combined with the requisite mental state, constitutes the external element of a criminal offence.

Section 3(5) BNS (Section 34 IPC): when several persons share a pre-arranged plan and act in furtherance of it, each is liable as if the offence were committed by him alone.

An assembly of five or more persons with a common object listed in Section 189 BNS, such as using criminal force or resisting law; membership itself is an offence.

The obligation of a party to establish a fact to the standard the law requires; Sections 104 to 114 BSA allocate this burden, which ordinarily lies on the person who asserts a fact.

The degree of persuasion required: proof beyond reasonable doubt in criminal cases and preponderance of probabilities in civil cases, with a higher threshold for exceptional criminal defences.

A rule of law allowing a fact to be taken as proved without evidence, either conclusive, rebuttable, or a permissive inference drawn under Section 119 BSA from the circumstances.

A statement by a person about the cause of his death, admissible under Section 26 BSA even without oath or cross-examination, if made in expectation of death and found reliable.

Section 14 TPA: no transfer of property may create an interest that vests after the lifetime of one or more living persons plus a further period of eighteen years.

A present and settled right in property under Section 19 TPA, which is not defeated by the failure of a prior interest and passes to the transferee's heirs.

An interest under Section 21 TPA that becomes vested only on the happening of a specified uncertain event, failing which it lapses entirely.

Under Section 4 of the Indian Easements Act, a right enjoyed by an owner of land over another's land for its beneficial use, such as a right of way or light.

The land or tenement for whose benefit an easement exists, as against the servient heritage over which the right is exercised.

An easement acquired by peaceable, open enjoyment without interruption for twenty years under Section 15 of the Easements Act, as if it were a right by grant.

Section 14 of the Contract Act: consent is free when not caused by coercion, undue influence, fraud, misrepresentation or mistake, failing which the contract is voidable.

Section 16 of the Contract Act: where one party dominates the will of another by relationship or position and uses it to obtain an unfair advantage, the contract is voidable.

Section 2(d) of the Contract Act: something of value done or promised at the promisor's desire, which must exist for an agreement to become a binding contract.

A discretionary decree under the Specific Relief Act, 1963 compelling a party to carry out a contract, now generally available unless a statutory bar applies.

A decree under Section 37 of the Specific Relief Act restraining a defendant permanently from doing or continuing a wrongful act, usually granted after trial.

A ground of divorce introduced by the 2024 amendment to the Hindu Marriage Act, allowing dissolution where the marriage cannot be repaired after a separation period set by statute.

Dissolution under Section 13B of the Hindu Marriage Act by a joint petition of both spouses on the ground of living separately for the statutory period and inability to live together.

Financial support under Section 24 or 25 of the Hindu Marriage Act, or Section 144 BNSS, payable to a spouse or child unable to maintain themselves.

Under the Hindu Succession Act, the joint family body of persons who take by survivorship; since the 2005 amendment, a daughter is a coparcener by birth with equal rights.

A deemed partition assumed under Section 6 of the Hindu Succession Act to ascertain the shares of heirs when a coparcener dies, even if no actual partition occurred.

The formal recording of a document with the Sub-Registrar under the Registration Act, 1908, compulsory for instruments like sale deeds under Section 17, and conferring notice to the world.

The act of retaining an insufficiently stamped instrument in custody under the Stamp Act so that it may be validated on payment of deficit duty and penalty.

The statutory period under the Limitation Act, 1963 within which a suit, appeal or application must be filed, after which the remedy is barred though the right survives.

The court's power under Section 5 of the Limitation Act to excuse delay in filing an appeal or application where sufficient cause for the delay is shown.

The principle from Kesavananda Bharati that Parliament cannot amend the Constitution so as to destroy its essential features such as judicial review, federalism and secularism.

The power of constitutional courts under Articles 32 and 226 to examine and strike down legislative or executive action that violates the Constitution.

A petition invoking Article 32 before the Supreme Court or Article 226 before a High Court for habeas corpus, mandamus, certiorari, prohibition or quo warranto.

The fair-hearing guarantees of audi alteram partem and nemo judex in causa sua, applied to administrative and quasi-judicial decisions and enforced through writ jurisdiction.

Section 2(2) CPC: the formal expression of an adjudication conclusively determining the rights of parties, which may be preliminary, final or partly preliminary and partly final.

The structured drafting of a decision stating the facts, issues, evidence, findings with reasons, and the operative relief, ensuring each issue is decided and reasons are given.

The tested capacity to apply legal principles to fresh fact patterns, reason logically, read comprehension passages and draw sound conclusions under time pressure.

A Telangana land-records statute consolidating survey, registration and record-of-rights functions, replacing earlier enactments to streamline agrarian land administration in the State.