Civil Judge Prelims key terms

A final decision by a competent court on the merits bars the same parties from litigating the same matter again in a later suit. Codified in Section 11 CPC, it rests on the public interest in finality of litigation.

Matters that the parties might and ought to have raised in an earlier suit but did not are treated as decided against them. Explanation IV to Section 11 CPC bars such grounds in a later suit between the same parties.

Profits which a person in wrongful possession of property actually received, or could with reasonable diligence have received, together with interest, less the amount spent on improvements. Defined in Section 2(12) CPC and claimed in possession suits.

An interim order under Order XXXIX Rules 1 and 2 CPC restraining a party from acting so as to cause irreparable injury or frustrate the suit before final decision. Granted on prima facie case, balance of convenience and irreparable loss.

A notice filed under Section 148A CPC by a person likely to be affected by an application in a suit, asking the court not to pass an ex parte order without hearing him. The caveator must be served with notice of the application.

A decree passed against a defendant who fails to appear despite valid service of summons. He may apply under Order IX Rule 13 CPC to set it aside by showing sufficient cause and, ordinarily, a defence on merits.

An order under Order VII Rule 11 CPC dismissing the plaint at the threshold where it discloses no cause of action, is barred by law, or is insufficiently stamped, among other listed grounds. Rejection is not a decision on merits.

A party's application under Order VI Rule 17 CPC to alter its plaint or written statement. Courts allow it liberally before trial, and after trial only where the amendment is necessary to decide the real question and causes no prejudice.

A defendant's claim under Order VIII Rule 6 CPC for a sum due from the plaintiff, pleaded as a shield to reduce or extinguish the plaintiff's claim. It must be recoverable in the same suit and ordinarily ascertained.

A claim by the defendant against the plaintiff, made under Order VIII Rule 6A CPC in the written statement, which is treated as a separate suit. It is independent of the plaintiff's claim and may survive its withdrawal.

The bundle of facts which, if proved, entitles the plaintiff to a remedy against the defendant. It determines jurisdiction, joinder of parties and whether the plaint discloses a triable claim.

The guilty mental state required along with a prohibited act for criminal liability. Indian penal provisions express it through words such as intention, knowledge, dishonestly, fraudulently or negligently in the relevant section.

Section 34 IPC, corresponding to Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, fixes joint liability where several persons share a common intention to commit a crime and act in furtherance of that intention.

Instigating, conspiring with, or intentionally aiding another to commit an offence. Sections 45 to 62 of the Bharatiya Nyaya Sanhita, 2023 (earlier Sections 107 to 120 IPC) punish abetment, generally at the level of the principal offence.

Causing death by an act done with the intention of causing death, or of causing bodily injury likely to cause death, or with knowledge that the act is likely to cause death. Section 100 of the Bharatiya Nyaya Sanhita, 2023.

A statement about the cause or circumstances of death made by a person who dies before testifying. Admitted under the law of evidence as an exception to hearsay, though the court still scrutinises its voluntariness and consistency.

A witness who, in the court's opinion, resiles from the statement earlier given to the police and turns against the party calling him. The court may permit that party to cross-examine him; his evidence is not automatically rejected.

A direction under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 438 CrPC) that a person apprehending arrest in a non-bailable offence be released on bail if arrested. Granted by the High Court or Court of Session.

A pre-trial proceeding in which a witness picks out the accused from among stand-ins, testing the reliability of that identification. It is a corroborative aid only; substantive identification is made in court.

The obligation of a party to establish a fact by adducing evidence to the required standard. The law of evidence allots this burden between prosecution and defence and provides presumptions that shift the evidential burden.

A command issued by a constitutional court under Article 226, or by the Supreme Court under Article 32, ordering a public authority to perform a legal duty it has failed or refused to perform. It does not lie against a private person.

The principle from Kesavananda Bharati that Parliament's amending power cannot destroy the essential features of the Constitution, such as judicial review, secularism or free and fair elections. Amendments violating that core are void.

A pre-constitutional law inconsistent with a fundamental right is not dead but dormant; it remains in force for persons not entitled to that right and revives if the inconsistency is removed by constitutional amendment.

A test used to resolve conflicts between the Union and State legislative lists: the court identifies the true nature and subject matter of a statute and ignores incidental encroachment upon another list.

Something of value given in return for a promise, defined in Section 2(d) of the Indian Contract Act, 1872 as an act, abstinence or promise at the promisor's desire. It may be past, present or future and may move from a third party.

A claim for a reasonable sum for work done where no price was fixed or where a contract is discharged by the other party's breach. The claim rests on unjust enrichment rather than on the original contract price.

Arises when a party repudiates the contract before the time fixed for performance. The other party may sue at once or wait until the due date, but if he waits he must mitigate avoidable loss. Section 39, Indian Contract Act.

An agreement preventing a person from carrying on a lawful profession, trade or business is void under Section 27 of the Indian Contract Act, 1872. A limited exception permits reasonable restraint on the buyer of a business's goodwill.

Where an accident of a kind that does not ordinarily occur without negligence is caused by something under the defendant's exclusive control, negligence is inferred unless he offers a satisfactory explanation.

Liability of one person for a tort committed by another, typically an employer for a tort of an employee acting in the course of employment. Acts outside the scope of employment generally do not create such liability.

A decree compelling the defendant actually to carry out the contract as agreed. It is a discretionary equitable remedy under the Specific Relief Act, 1963, refused where damages are an adequate remedy or performance needs constant supervision.

The rule that a purchaser of immovable property during a pending suit affecting that property is bound by the eventual decree. Section 52 of the Transfer of Property Act, 1882 gives effect to it.

The narrow joint family body within a Hindu undivided family in which members hold rights in ancestral property by birth and may demand partition. Daughters became coparceners by the 2005 amendment to the Hindu Succession Act.

A certificate issued by a court of competent jurisdiction under the Indian Succession Act, 1925, authenticating a will and establishing the executor's authority to administer the deceased person's estate according to it.

The decision of an arbitral tribunal disposing of the dispute referred to it. It may be challenged under Section 34 of the Arbitration and Conciliation Act, 1996, within three months, only on the narrow grounds that section lists.

A person who takes a negotiable instrument for value, before maturity, in good faith and without notice of any defect in the transferor's title. Section 9 of the Negotiable Instruments Act, 1881 gives him a superior title.

A remedy under Sections 241 and 242 of the Companies Act, 2013 for members who show that the company's affairs are conducted in a manner oppressive to members or prejudicial to the company, asking the NCLT to regulate them.

The legal principle or rule on which a court's decision is founded. It binds lower courts as precedent, while incidental remarks, known as obiter dicta, carry only persuasive weight.