Bhutan Bar Examination cheat sheet

Civil suits commence by a written plaint filed in the court with territorial and pecuniary jurisdiction; the court then issues summons to the defendant.

The defendant must file a written statement within the period fixed by the court; failure may lead to ex parte proceedings under the Civil Procedure Code.

Bhutan's Civil and Criminal Procedure Code, 2001 (amended 2011) governs pleading, service, evidence, trial, and appeal in civil matters.

Burden of proof in civil cases rests on the party asserting a fact; standard is preponderance of probabilities, not proof beyond reasonable doubt.

Suits are barred by limitation under the Limitation Act; ordinary civil suits generally must be filed within one year of accrual of the cause of action unless a special period applies.

Res judicata bars a second suit between the same parties on the same subject matter decided by a competent court.

Decree execution is sought before the court that passed the decree; attachment and sale of property are available modes of execution.

Appeals lie from the Dzongkhag Court to the High Court and then to the Supreme Court; the Supreme Court is the final appellate authority.

Crimes in Bhutan are classified under the Penal Code, 2004 (amended 2011) into offences against the State, person, property, and public order.

Murder, rape, treason, and aggravated offences carry maximum penalties including life imprisonment; Bhutan has abolished the death penalty.

Arrest requires reasonable grounds; a person arrested must be informed of the grounds and produced before a court within 24 hours.

The prosecution bears the burden of proving guilt beyond reasonable doubt; the accused enjoys presumption of innocence.

Juveniles are dealt with under the Juvenile Justice Act; child-friendly procedures and separate detention apply.

The Civil and Criminal Procedure Code, 2001 sets out investigation, charge framing, trial, and appeal in criminal cases.

Bail is discretionary in non-bailable offences; anticipatory bail may be granted by the High Court in appropriate cases.

Victim compensation and restitution may be ordered by the court in addition to punishment.

A contract under the Contract Act of Bhutan requires offer, acceptance, lawful consideration, capacity, free consent, and lawful object.

Consideration must be lawful; past, present, or future consideration suffices, but it must not be forbidden by law.

Agreements without consideration are void unless they fall within recognised exceptions (natural love and affection, past voluntary services, time-barred debt).

Free consent is vitiated by coercion, undue influence, fraud, misrepresentation, or mistake; the contract is voidable at the option of the aggrieved party.

Contracts contrary to public policy, unlawful, or impossible of performance are void ab initio.

Specific performance and damages are the primary remedies; damages aim to place the injured party in the position had the contract been performed.

Liquidated damages clauses are enforceable if they represent a genuine pre-estimate of loss; penalty clauses may be struck down.

Frustration discharges a contract where performance becomes impossible due to an unforeseen event beyond the parties' control.

The Land Act of Bhutan, 2007 governs ownership, transfer, registration, and land use; all land must be registered with the National Land Commission.

Land transactions require registration; unregistered transfers do not confer title against third parties.

The Land Act caps landholding ceilings per household and restricts conversion of agricultural land to other uses.

The Marriage Act of Bhutan, 1980 (amended) governs marriage, divorce, and matrimonial property; marriages must be registered.

The Child Care and Protection Act and the Child Adoption Act govern custody, adoption, and child welfare.

Inheritance under Bhutanese law follows customary and statutory rules; the Inheritance Act, 2008 regulates succession to property.

The Domestic Violence Prevention Act, 2013 provides protection orders and remedies for victims of family violence.

Matrimonial property is generally divided equally on divorce unless the court orders otherwise considering the parties' contributions.

The Constitution of the Kingdom of Bhutan was adopted in 2008 and is the supreme law; inconsistent laws are void to the extent of inconsistency.

The Constitution establishes a constitutional monarchy with the King as Head of State and a bicameral Parliament (National Council and National Assembly).

Fundamental rights include equality before the law, freedom of speech, religion, and the right to a fair trial.

The Supreme Court is the guardian of the Constitution and the final court of appeal; the High Court is the court of appeal from Dzongkhag Courts.

The Constitution mandates Gross National Happiness and preservation of Bhutanese culture and environment.

Judicial power vests in the courts of Bhutan; the judiciary is independent and judges are appointed by the King on the recommendation of the National Judicial Commission.

The Constitution provides for constitutional review of legislation and executive action by the courts.

Bhutan follows a civil law tradition influenced by Buddhist and customary principles alongside codified statutes.

Administrative decisions must be within the powers conferred by statute; ultra vires acts are void.

The principles of natural justice require audi alteram partem (hear both sides) and nemo judex in causa sua (no bias).

Administrative bodies must give reasons for decisions affecting rights; unreasoned orders are vulnerable to judicial review.

Judicial review examines legality, rationality, and procedural propriety, not the merits of the decision.

The Administrative Tribunal hears disputes between citizens and government agencies in specified matters.

Delegated legislation must be within the parent Act and consistent with the Constitution.

The doctrine of legitimate expectation may require fair procedure before a benefit is withdrawn.

Public servants exercising statutory powers are subject to writ jurisdiction of the High Court and Supreme Court.

The Evidence Act of Bhutan, 2005 governs admissibility, relevance, and proof of facts in judicial proceedings.

Facts may be proved by oral, documentary, or electronic evidence; electronic records are admissible subject to authentication.

Hearsay is generally inadmissible except under recognised exceptions such as dying declarations and admissions.

Confessions must be voluntary; confessions obtained by threat, inducement, or promise are inadmissible.

Burden of proof in criminal cases is on the prosecution beyond reasonable doubt; in civil cases, preponderance of probabilities.

Advocacy requires examination-in-chief, cross-examination, and re-examination; leading questions are barred in examination-in-chief.

Privileged communications (legal professional privilege, state secrets) are protected from disclosure.

The court may take judicial notice of matters of common knowledge and law without formal proof.

The Companies Act of Bhutan, 2016 governs incorporation, management, and winding up of companies; companies must be registered with the Royal Securities Exchange / Registrar.

Companies may be private or public; private companies restrict share transfers and have limited membership.

Directors owe fiduciary duties of loyalty, care, and good faith to the company.

The Insolvency Act governs bankruptcy, liquidation, and creditor priorities.

The Movable and Immovable Property Act and the Negotiable Instruments Act regulate commercial transactions and instruments.

The Foreign Direct Investment Policy regulates foreign investment and requires approval from the relevant authority.

The Competition and Consumer Protection Act, 2012 prohibits anti-competitive practices and unfair trade.

Tax obligations arise under the Income Tax Act, 2001 and the Goods and Services Tax Act; companies must comply with filing and disclosure duties.

Advocates are bound by the Bhutan Bar Council rules on professional conduct and discipline.

An advocate must maintain confidentiality of client information and avoid conflicts of interest.

Advocates must not mislead the court, fabricate evidence, or communicate improperly with judges.

Fees must be reasonable and disclosed; contingency fee arrangements are restricted.

Advocates must maintain client funds in separate accounts and render accounts on request.

Advertising and solicitation of clients are restricted; advocates may not tout for business.

An advocate must decline a brief where a conflict of interest exists or where the advocate is a material witness.

Breach of professional rules may result in suspension or disbarment by the Bar Council.

A plaint must state the parties, facts constituting the cause of action, jurisdiction, and the relief sought, and be verified.

A written statement must respond to each material allegation and raise specific defences and counterclaims.

A sale deed must identify the parties, the property by survey number and boundaries, consideration, and be registered.

A lease deed should specify term, rent, renewal, termination, and obligations of lessor and lessee.

A power of attorney must be executed in the prescribed form and, where required, notarised or registered.

Legal opinions should state the facts, issues, applicable law, analysis, and reasoned conclusion.

Conveyancing requires checking title, encumbrances, and land records before drafting the instrument.

Drafting should use precise defined terms, avoid ambiguity, and follow statutory forms where prescribed.