Civil Judge Prelims flashcards

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

Res judicata under Section 11

A suit barred where a competent court already decided the same matter between same parties, directly and substantially, and the decision is final.

Order VII Rule 11 rejection

Plaint rejected where it discloses no cause of action, relief undervalued, suit barred by law, or plaint not filed with required documents; rejection not on merits.

Order II Rule 2 relinquishment

A plaintiff who omits part of a claim arising from the same cause of action cannot sue for the omitted portion later; the omission bars the second suit.

Material facts, not evidence

Order VI Rule 2 requires pleadings to state material facts only, in concise form; evidence and law need not be pleaded.

Verification of pleadings

Order VI Rule 15 requires every pleading to be verified by the party or a person acquainted with facts, stating which paragraphs are true to knowledge, belief or information.

Set-off under Order VIII

Order VIII Rule 6 permits a defendant to plead a set-off for an ascertained sum legally recoverable, arising from the same transaction and within the court's pecuniary limits.

Common intention Section 34

When several persons act in furtherance of a common intention, each is liable for the offence as if done alone; the intention must pre-exist the act.

Theft under Section 378

Dishonest removal of movable property from another's possession without consent, with intention to take it wrongfully; punishment is under Section 379 IPC.

Culpable homicide versus murder

Culpable homicide is murder if intention to cause death or bodily injury likely to cause death exists, unless it falls within the five exceptions to Section 300 IPC.

Section 154 FIR

Information about a cognizable offence is recorded in writing, read to the informant, signed and entered in a register; the informant receives a free copy.

Section 32 dying declaration

Statements of a person as to the cause of death, or circumstances of the transaction resulting in death, are relevant when the person is dead or unavailable.

Section 27 discovery exception

So much of information received from an accused in custody that leads to the discovery of a fact is admissible, though the rest of the confession to police is barred.

Article 32 writ jurisdiction

The Supreme Court may issue habeas corpus, mandamus, prohibition, certiorari and quo warranto to enforce fundamental rights; Article 32 itself is a fundamental right.

Basic structure doctrine

Parliament's amending power under Article 368 cannot destroy the Constitution's essential features such as supremacy, separation of powers, federalism and judicial review.

Article 21 personal liberty

No person is deprived of life or personal liberty except by procedure established by law; the procedure must be fair, just and reasonable.

Essentials under Section 10

An agreement enforceable by law requires offer, acceptance, lawful consideration, capacity, free consent, lawful object and no express bar under the Contract Act.

Section 56 frustration

A contract becomes void when performance becomes impossible or unlawful after formation due to an event the promisor could not prevent; mere difficulty or commercial hardship does not suffice.

Section 74 liquidated damages

The court may award reasonable compensation not exceeding the sum named in the contract, whether or not actual loss is proved; no penalty beyond reasonable compensation.

Res ipsa loquitur

The thing speaks for itself: where the accident is of a kind that ordinarily does not occur without negligence and the defendant controlled the thing, negligence is presumed.

Strict liability rule

Under Rylands v Fletcher, a person who brings onto land something likely to do mischief and it escapes is liable for damage, subject to defences of act of God, plaintiff's fault and statutory authority.

Section 54 sale definition

Sale is a transfer of ownership in exchange for a price paid or promised; for tangible immovable property of value one hundred rupees and above, a registered instrument is required.

Section 6 HS Act 1956

On a Hindu male's death, the daughter is a Class I heir and, since the 2005 amendment, a coparcener by birth with rights equal to a son.

Section 125 CrPC maintenance

A magistrate may order maintenance for a wife, child or parent unable to maintain themselves, subject to the claimant not living in adultery and having no sufficient means.

Section 34 arbitration challenge

An award may be set aside for incapacity, invalid agreement, lack of notice, award beyond scope, irregular procedure, or conflict with public policy; application within three months.

Section 138 NI Act

Dishonour of a cheque for insufficiency of funds is an offence if demand notice is served within 30 days and payment is not made within 15 days of notice.

Section 2(68) private company

A company whose articles restrict share transfer, limit members to two hundred and prohibit public invitation for securities; minimum paid-up capital requirement was omitted in 2015.

Article 324 Election Commission

The Constitution vests superintendence, direction and control of elections to Parliament, state legislatures, President and Vice-President in the Election Commission.

Subject-verb agreement rule

A verb agrees with its subject in number and person; intervening phrases do not change it, so 'the list of items is' is correct.

Ratio decidendi

The legal principle or rule that is the basis of a court's decision and binds lower courts; observations not necessary to the decision are obiter dicta.

Ejusdem generis rule

When general words follow specific words of a class, the general words are read as limited to things of the same class, not wider categories.

Simple interest formula

Simple interest equals principal multiplied by rate per annum multiplied by time in years, divided by one hundred; amount equals principal plus interest.

RAM versus ROM

RAM is volatile working memory losing data on power loss, while ROM is non-volatile and retains firmware; more RAM generally improves multitasking.