RJS Exam flashcards

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

Res judicata essentials

Section 11 CPC bars a second suit when the former suit was decided on merits by a competent court between the same parties over the same subject matter and title, with the issue directly and substantially in issue.

Order II Rule 2 CPC

A plaintiff must include the whole of the claim in one suit. Omitting part of the claim bars a later suit on the omitted portion, unless the court granted leave to sue separately.

Temporary injunction test

Order XXXIX CPC grants a temporary injunction where the plaintiff shows a prima facie case, irreparable injury not compensable in money, and a balance of convenience favouring restraint pending trial.

Default bail under Section 167

If the investigation is not completed and charge-sheet not filed within 60 days for offences punishable up to ten years, or 90 days otherwise, the accused becomes entitled to bail.

Section 300 IPC exceptions

Culpable homicide is not murder if it falls within the five exceptions: grave and sudden provocation, private defence, public servant acting in good faith, sudden fight, and consent of the deceased.

Anticipatory bail Section 438

The High Court or Court of Session may direct that a person apprehending arrest for a non-bailable offence be released on bail, with conditions on arrest, appearance, and non-tampering of evidence.

Section 27 Evidence Act

So much of a confession or information given by an accused in custody as distinctly relates to a fact thereby discovered is admissible, though the rest of the confession remains barred.

Dying declaration Section 32

A statement by a person who is dead, relating to the cause of his death or circumstances of the transaction resulting in death, is relevant and admissible even without oath or cross-examination.

Electronic evidence certificate

Section 65B of the Evidence Act requires a certificate identifying the electronic record, describing the device, and confirming the conditions of proper operation for admissibility in court.

Article 14 classification test

Reasonable classification is valid when founded on an intelligible differentia distinguishing the group from others, and that differentia has a rational nexus with the object of the law.

Basic structure doctrine

Parliament's amending power under Article 368 cannot alter or destroy essential features of the Constitution such as judicial review, federalism, free elections, and the rule of law.

Article 226 writ jurisdiction

High Courts may issue writs for enforcement of fundamental rights and for any other legal right, with wider territorial and substantive scope than the Supreme Court's Article 32 power.

Section 183 Rajasthan Tenancy Act

Civil courts are barred from trying suits or issues concerning agricultural land that fall within the exclusive jurisdiction of revenue courts under the Rajasthan Tenancy Act, 1955.

Rajasthan Panchayati Raj tiers

The Rajasthan Panchayati Raj Act, 1994 establishes three tiers: Gram Panchayat at the village level, Panchayat Samiti at the block level, and Zila Parishad at the district level.

Conversion of agricultural land

Agricultural land in Rajasthan may be used for non-agricultural purposes only after obtaining conversion permission from the prescribed revenue authority under the land revenue rules.

Habeas corpus meaning

The writ of habeas corpus commands the person detaining another to produce the detainee before the court and justify the detention; unlawful detention results in release.

Res judicata in Hindi

पूर्वन्याय का सिद्धांत यह है कि जिस विवाद का अंतिम रूप से न्यायिक निर्णय हो चुका है, उसी विवाद को उन्हीं पक्षकारों के बीच पुनः वाद के रूप में नहीं उठाया जा सकता।

Prima facie in Hindi

प्रथम दृष्टया का अर्थ है प्रारंभिक दृष्टि से या पहली नज़र में; न्यायालय इस आधार पर अंतरिम आदेश दे सकता है जब प्रथम दृष्टया मामला बनता प्रतीत हो।

Affidavit in Hindi

शपथ-पत्र एक लिखित कथन है जिसे शपथ लेकर या प्रतिज्ञान करके अधिकृत अधिकारी के समक्ष सत्यापित किया जाता है और जिसके असत्य होने पर दंड का भय रहता है।

Plaint essentials Order VII

A plaint must state the parties' names and descriptions, the court's jurisdiction, the cause of action with its date, the relief claimed, and the valuation for court fee and jurisdiction.

Written statement denial rule

Order VIII CPC requires specific traverse of each material allegation; an evasive or general denial may be treated by the court as an admission of that allegation.

Section 80 CPC notice

No suit against the Government or a public officer for official acts lies until two months after written notice stating the cause of action, relief, and the plaintiff's identity.

Vakalatnama purpose

A vakalatnama is the written authority by which a client empowers an advocate to appear, plead, and act before the court, and it must be signed by the client and accepted by the advocate.

Burden of proof Sections 101-104

The party asserting a fact must prove it; the burden shifts where a fact is especially within the knowledge of another person, and the court decides which party must lead evidence.

Compoundable offences Section 320

Section 320 CrPC lists offences that may be compounded by the victim, with or without court permission depending on the category, resulting in acquittal of the accused.

Doctrine of eclipse

Pre-constitutional laws inconsistent with fundamental rights are not void ab initio but remain dormant, reviving if the constitutional inconsistency is later removed by amendment.

Record of rights Rajasthan

Section 47 of the Rajasthan Land Revenue Act, 1956 requires maintenance and periodic revision of the record of rights, showing the holder, the nature of right, and the land particulars.

Mandamus in Hindi

परमादेश रिट के द्वारा न्यायालय किसी लोक अधिकारी या निकाय को उसके विधिक कर्तव्य के पालन का आदेश देता है, जब उसने कर्तव्य पालन से इनकार किया हो।

Sale deed essentials

A sale deed recites the parties, the property description, the consideration paid, the transfer of title, and the covenants of title, and must be registered to convey immovable property.

Section 154 CrPC FIR

Information relating to a cognizable offence is recorded in writing, read over to the informant, signed by him, and entered in the station diary before investigation begins.

Section 65 secondary evidence

Secondary evidence of a document is admissible when the original is shown to be in the opposite party's possession, lost, destroyed, or a public document of which certified copies are permitted.

Article 311 protection

A civil servant cannot be dismissed or removed by an authority subordinate to the appointing authority, nor without an inquiry and a reasonable opportunity of being heard.