RJS Exam key terms

A bar on relitigating a matter already decided by a competent court between the same parties, so that a final judgment binds them and their successors and prevents contradictory decisions.

The rule that a court stays trial of a suit where the same matter, between the same parties and on the same cause of action, is already pending before another competent court.

The principle that a ground of attack or defence available in an earlier suit but not raised there cannot be raised later; the party is treated as having litigated it and lost.

The formal expression of an adjudication that conclusively determines the rights of parties in a suit, whether by dismissing the claim or granting relief; it excludes interlocutory orders.

A decree that decides some issue in a suit and requires further proceedings before the suit is finally disposed of, such as a decree for rendition of accounts.

A decree that finally and conclusively determines the rights and liabilities of the parties, leaving nothing further to be decided in the suit.

The formal expression of any decision of a civil court that is not a decree, such as orders on interim applications, which are generally appealable only as the Code allows.

The written statement of claim by which a plaintiff institutes a civil suit, setting out the facts, the cause of action, the relief sought and the court's jurisdiction.

The bundle of essential facts that a plaintiff must prove to obtain relief; it gives rise to the right to sue and fixes jurisdiction and limitation.

The defendant's pleading responding to the plaint, admitting or denying allegations and raising defences, set-off or counterclaim within the time allowed.

A defence by which the defendant claims a reciprocal sum owed by the plaintiff, so that the two claims may be adjusted and only the balance awarded.

A claim made by the defendant against the plaintiff in the same suit, treated as a cross-suit, which the court may hear and decide along with the original claim.

The statutory period within which a suit, appeal or application must be filed; after it expires the remedy is barred, though the right itself may survive.

The court's power to excuse a delay in filing an appeal or application where the applicant shows sufficient cause for not acting within the prescribed period.

The guilty mind or mental element required for criminal liability, such as intention, knowledge, rashness or negligence, without which an act alone may not be an offence.

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

Liability imposed for a prohibited act without proof of any mental element, so that the prosecution need not establish intention, knowledge or negligence.

An agreement between two or more persons to do or cause an illegal act, or to do a lawful act by illegal means, punishable even before the act is carried out.

Instigating, conspiring with, or intentionally aiding another to commit an offence; the abettor may be punished even if the principal offence is not completed.

A shared design among persons who act together in furtherance of it, making each liable for the offence committed as if done by that person alone.

An offence for which a police officer may arrest without a warrant and investigate without the magistrate's order, generally because it is serious.

An offence for which a police officer may not arrest without a warrant and may not investigate without the magistrate's order.

The earliest report of a cognizable offence recorded by the police in writing, which sets the investigation in motion and is signed by the informant.

The final police report filed before the magistrate after investigation, stating the offence, the accused and the evidence relied on, on which the court decides whether to take cognizance.

The magistrate's act of taking judicial notice of an offence with a view to trying it, whether on a police report, a complaint or information from another source.

The release of an accused person from custody, with or without sureties, on condition of appearing for trial, pending investigation or trial.

A direction that a person apprehending arrest in a non-bailable offence be released on bail if arrested, granted by the court before arrest takes place.

A statement, oral or documentary, that suggests an inference about a fact in issue or relevant fact and is made by a party or a person whose interest it binds.

An admission of the commission of an offence or of facts constituting it; a confession to a police officer is generally inadmissible, and a confession to a magistrate requires safeguards.

A statement by a person about the cause of death or the circumstances of the transaction resulting in death, admissible even though the maker cannot be examined as a witness.

An out-of-court assertion offered to prove the truth of its content, generally inadmissible unless it falls within a recognised exception.

Evidence that, if believed, itself proves a fact in issue without inference, such as an eyewitness account of the act in question.

Evidence of facts from which the fact in issue may be inferred; it may support conviction if the circumstances form a complete chain excluding every reasonable hypothesis of innocence.

The rule that an accused is presumed innocent until the prosecution proves guilt beyond reasonable doubt, placing the burden of proof on the State.

The obligation of a party to prove a fact by leading evidence; it may lie on the prosecution in criminal cases or shift under statutory presumptions.

The degree of certainty required to prove a fact: beyond reasonable doubt in criminal cases and on a preponderance of probabilities in civil cases.

The logical connection that makes a fact admissible because it renders a fact in issue more or less probable than it would otherwise appear.

The limited circumstances in which evidence of a person's character is admissible, generally excluding bad character of the accused except in reply or for specific offences.

A constitutional remedy ordering a person detaining another to produce the detainee before the court and justify the detention, protecting personal liberty.

A command directing a public authority or person to perform a public duty that it has refused or failed to perform, available where no other remedy is adequate.

A remedy by which a higher court quashes a decision of an inferior court or tribunal that acted without jurisdiction or in excess of it, or contrary to law.

Constitutionally guaranteed rights enforceable against the State through the courts, which may be restricted only by procedures that are fair and reasonable.

A limitation on a fundamental right that is imposed by law for a permitted purpose and is proportionate, not arbitrary or excessive.

The minimum procedural fairness required of decision-makers, chiefly the right to a hearing and the rule that no one should judge their own cause.

The test that a restriction on a right must pursue a legitimate aim, be suitable and necessary, and not impose a burden greater than the aim requires.

The chief district officer responsible for land revenue administration, recovery of dues and various regulatory functions within the district under Rajasthan revenue law.

The revenue officer in charge of a tehsil, maintaining land records, collecting land revenue and deciding specified revenue matters at the local level.

The tax or assessment payable to the State on agricultural land, assessed and collected under the Rajasthan land revenue legislation by the revenue authorities.

The record of rights listing the persons holding land in a village, the survey numbers and the nature of their interest, maintained by revenue officials.

The periodic record of land holdings and cultivation in a village, showing the occupier, the area and the revenue assessed, used to update the record of rights.

Rendering legal texts from one language to another while preserving technical meaning, terminology and legal effect, rather than merely literal wording.

The structured composition of legal documents such as plaints, petitions and agreements, using precise language, defined terms and accurate legal terminology.

A written statement of facts sworn or affirmed by the deponent before an authorised officer, admissible as evidence subject to the rules governing it.

The written authority by which a litigant appoints an advocate to appear and act on their behalf in a court, signed by the client and accepted by the advocate.