WBJS Civil Judge Exam flashcards

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

Consideration from third party

Under the Indian Contract Act, consideration may be supplied by a person who is not a party to the contract; the promisor need not receive it personally, but the agreement must still be enforceable.

Doctrine of frustration

Under section 56 of the Contract Act, a contract becomes void if performance becomes impossible or unlawful because of an event beyond the parties' control; self-induced impossibility does not excuse performance.

Specific performance under SRA

After the 2018 amendment, section 10 of the Specific Relief Act treats specific performance as the ordinary remedy for an enforceable contract, subject to the bars in sections 14 and 16.

Private defence of body

The BNS permits force to repel an imminent unlawful threat to body or property; the force must be necessary and proportionate, and the right ends when the threat ceases.

Dacoity

Dacoity is robbery committed by five or more persons. Robbery itself is theft or extortion accompanied by force or fear of instant hurt, and preparation may be separately punishable.

Criminal breach of trust

Under BNS section 316, a person entrusted with property who dishonestly misappropriates, converts, or disposes of it in violation of the trust commits criminal breach of trust, punishable with imprisonment.

Dying declaration

A statement by a person about the cause of death or circumstances of the transaction is admissible despite not being under oath, if the declarant was conscious of impending death; courts scrutinise it carefully.

Discovery under section 27

Information given by an accused in police custody is admissible only to the extent it distinctly leads to the discovery of a fact; the rest of the confession remains inadmissible under evidence law.

Default bail

If investigation is not completed within sixty or ninety days, as applicable, and no charge sheet is filed, the accused may apply for release on bail; delay must be explained.

Res judicata

Section 11 CPC bars a subsequent suit when the same matter was directly and substantially in issue in a former suit between the same parties, finally decided by a competent court.

Temporary injunction test

Order XXXIX CPC requires a prima facie case, irreparable injury not compensable in damages, and balance of convenience favouring the applicant; reasons must be recorded and the order may be varied.

Rejection of plaint

Order VII rule 11 CPC allows rejection for absence of cause of action, undervaluation, insufficient court fee, or a suit barred by limitation; the court may allow amendment in limited cases.

Acknowledgment of liability

Section 18 of the Limitation Act renews the limitation period from the date of a written and signed acknowledgment of liability made before the existing period expires; it must be clear.

Adverse possession

A person claiming adverse possession must show open, continuous, exclusive, and hostile possession of immovable property for the statutory period, generally twelve years, without the owner's permission.

Compulsory registration

Section 17 of the Registration Act requires registration of gifts of immovable property, leases over one year, and non-testamentary instruments creating or declaring rights in immovable property worth one hundred rupees or more.

Effect of non-registration

An unregistered document that law requires to be registered cannot affect immovable property or prove the transaction, but it may be admitted for collateral purposes such as proving possession or payment.

Article 14 classification

Article 14 permits reasonable classification based on intelligible differentia with a rational nexus to the statute's object; arbitrary or discriminatory state action without a rational basis violates equality.

Writ of mandamus

Mandamus commands a public authority to perform a public duty that it has refused or failed to perform; it does not lie against a private person or to enforce a discretionary duty without clear legal obligation.

Article 254 repugnancy

When a state law conflicts with a central law on a concurrent subject, the central law prevails; a state law may prevail only if reserved for and receiving presidential assent and limited to the state.

Unpaid seller rights

Under the Sale of Goods Act, an unpaid seller may retain possession under lien, stop goods in transit, and resell in specified circumstances; these rights protect the price against an insolvent buyer.

Holder in due course

A holder in due course takes a negotiable instrument for value, in good faith, before maturity, and without notice of defect in title; such a holder obtains a clean title.

Cheque dishonour notice

For an offence under section 138 of the Negotiable Instruments Act, the payee must send a written demand within thirty days of receiving the dishonour memo and file a complaint within one month of the cause of action.

Hindu marriage conditions

Section 5 of the Hindu Marriage Act requires monogamy, mental capacity, minimum age of twenty-one for the groom and eighteen for the bride, and no prohibited relationship unless custom permits.

Muslim dower

Mahr or dower is a mandatory marital right of the Muslim wife, either prompt or deferred; it is not a price of marriage but a legal obligation enforceable against the husband or his estate.

Child welfare principle

In guardianship disputes under Hindu, Muslim, Christian, or general guardianship law, the court's primary consideration is the welfare of the child, which can override the statutory preference for a natural guardian.

Arbitration agreement

Section 7 of the Arbitration and Conciliation Act requires a written agreement to submit present or future disputes to arbitration; it may be a clause in a contract or a separate agreement.

Motor accident compensation

A claim under section 166 of the Motor Vehicles Act is made before the Claims Tribunal and covers pecuniary loss, pain and suffering, and loss of consortium; the 2019 amendment removed the limitation period.

Consumer complaint limitation

Under the Consumer Protection Act, 2019, a complaint must be filed within two years from the date the cause of action arises; delay may be condoned if sufficient cause is shown.

Precis writing rule

A precis reduces a passage to about one-third, keeps the central idea, omits examples and repetition, uses third person and past tense, and adds no opinion or new material.

Sanskrit karaka vibhakti

Sanskrit grammar assigns case endings according to karaka roles such as kartr, karma, karana, sampradana, apadana, and adhikarana; correct vibhakti is essential for accurate translation.

Calcutta High Court jurisdiction

The Calcutta High Court, established in 1862, has its principal seat in Kolkata and exercises jurisdiction over West Bengal and the Andaman and Nicobar Islands, with circuit and permanent benches.

Chandrayaan-3 landing

Chandrayaan-3 soft-landed near the lunar south pole on 23 August 2023, making India the fourth country to achieve a lunar soft landing and the first near that region.