WBJS Civil Judge Exam key terms

A final judgment on the merits by a competent court bars the same parties from litigating the same claim or issue again. It protects finality and prevents multiplicity of proceedings.

A matter that might and ought to have been raised in an earlier suit is deemed decided against the party who omitted it, even if not expressly adjudicated.

An equitable remedy compelling a party to carry out a contract's terms, usually for land or unique goods, because damages are inadequate.

A right of way or similar use over another's land arising when a property would otherwise be unusable, lasting only while the necessity continues.

Legal responsibility imposed on one person, often an employer, for the wrongful acts of another committed in the course of employment or a special relationship.

A party's clear refusal or inability to perform before the due date lets the other party sue immediately or wait for performance, subject to mitigation.

A contract is discharged when an unforeseen event destroys its foundation, making performance impossible or radically different from what was agreed.

The mental element of an offence, such as intention, knowledge, or recklessness, which must usually accompany the prohibited act for criminal liability.

A shared design among several persons to commit a crime; under the former Section 34 IPC (now Section 3(5) BNS) each participant is liable for acts done in furtherance of that plan.

The right to use reasonable force to protect one's person or property, or another's, against an imminent unlawful attack, without exceeding what is necessary.

Causing death by an act done with the intention of causing death or bodily injury likely to cause death, or with knowledge that death is likely.

The presumption that a child below seven years cannot form criminal intent and is therefore absolutely exempt from criminal liability.

Instigating, conspiring, or intentionally aiding another to commit an offence, punishable even when the offence is not ultimately committed in some cases.

The obligation of a party to establish a fact in issue; in criminal trials it generally rests on the prosecution beyond reasonable doubt.

A statement by a person about the cause of their death, admissible even if not on oath, when the maker expected death and the statement relates to that cause.

A witness who, by resiling from earlier statements or refusing to answer truthfully, may be cross-examined by the party who called them with the court's permission.

A voluntary admission of guilt by an accused; it must be free and voluntary, and confessions to police are generally inadmissible except for discovery.

Statements or acts so closely connected in time and circumstance to an event that they form part of the same transaction and are admissible despite the hearsay rule.

Pre-arrest protection granted by a court directing that a person be released on bail if arrested in a non-bailable offence, subject to conditions.

A decree passed against a defendant who failed to appear or file a written statement despite proper service, which may be set aside on showing sufficient cause.

A court may allow alteration of pleadings at any stage to determine the real question in controversy, provided it does not cause injustice or introduce a time-barred claim.

An interim order restraining a party from doing or continuing an act to preserve the status quo and prevent irreparable injury until the suit is decided.

Section 151 CPC preserves the court's power to pass orders necessary for the ends of justice or to prevent abuse of process, though not to override express provisions.

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

A written signed admission of a liability before the limitation period expires restarts the limitation period from the date of acknowledgment.

Continuous, open, peaceful possession of another's land without permission for the statutory period, which may extinguish the owner's title.

Certain documents, such as sale deeds of immovable property, must be registered to confer rights; unregistered documents are generally inadmissible as evidence of the transaction.

A constitutional or high court order commanding a public authority to perform a legal duty it has refused or failed to perform.

A writ quashing a decision of an inferior court or tribunal that acted without jurisdiction or in violation of natural justice.

The rule that no one should be condemned unheard; a person affected by a decision must be given notice and a fair opportunity to respond.

The idea that Parliament cannot amend the Constitution in a way that destroys its essential features, such as judicial review or secularism.

A person who takes a negotiable instrument in good faith, for value, before maturity, and without notice of defects, and gets special protection.

The buyer's rule that the purchaser takes goods at their own risk regarding quality, subject to exceptions such as fraud or fitness for purpose.

Outsiders dealing with a company may assume that internal procedures were complied with, unless they had notice of irregularity.

The body of persons, under Hindu law, who acquire an interest by birth in ancestral property, traditionally the last four generations in the male line.

In Muslim law, dower is a sum or property payable by the husband to the wife as part of the marriage contract, either promptly or on deferred terms.

The final decision of an arbitral tribunal on the disputes referred to it; it is binding and enforceable, subject to limited challenge on specified grounds.

A dispute between employers and workmen, or between workmen, connected with employment or non-employment, terms of employment, or conditions of labour.

Under consumer protection law, a person who buys goods or hires services for consideration for personal use, excluding commercial purpose, and includes beneficiaries.

A concise summary of a passage that preserves its essential ideas and logical order in the writer's own words, usually within a prescribed length.