CS Executive JIGL cheat sheet

Primary sources: Constitution, legislation (statutes), subordinate/delegated legislation, judicial precedent, and custom or usage recognized by courts.

Article 13(1) makes pre-Constitution laws void to the extent they conflict with Part III fundamental rights; Article 13(3) defines 'law' to include ordinances, orders, bye-laws, rules, regulations, notifications, and customs having force of law.

Doctrine of stare decisis: a decision of a superior court binds subordinate courts within its jurisdiction; Article 141 makes Supreme Court law binding on all courts in India.

Ratio decidendi binds; obiter dicta are persuasive only. A decision per incuriam (ignoring a binding statute or precedent) loses binding force.

Custom must be ancient, continuous, certain, reasonable, and not opposed to public policy or statute to be judicially recognized.

Delegated legislation is valid only if the parent Act provides for it; excessive delegation is struck down, and essential legislative functions cannot be delegated.

Article 372 continues pre-Constitution laws in force until altered, repealed, or amended; Article 372A covers adaptation of laws.

Persuasive sources include English common law, foreign judgments, juristic writing, and principles of justice, equity, and good conscience.

Part III fundamental rights are enforceable under Article 32 (Supreme Court) and Article 226 (High Courts); Article 226 is wider, covering legal rights as well as fundamental rights.

Article 14: equality before law and equal protection of laws; reasonable classification requires an intelligible differentia with a rational nexus to the object.

Article 19 freedoms are subject to reasonable restrictions under clauses (2) to (6); Article 19 is available only to citizens, not to non-citizens or foreign companies.

Article 21 protects life and personal liberty; due process and procedural fairness have been read into it (Maneka Gandhi principle).

Article 12 'State' includes government, Parliament, state legislatures, local authorities, and other authorities; instrumentalities of the State are covered.

Article 20 protections: no ex post facto criminal law, no double jeopardy, no self-incrimination. Article 22 governs arrest and preventive detention safeguards.

Directive Principles (Part IV, Articles 36-51) are non-justiciable but fundamental in governance; they inform interpretation of fundamental rights.

Article 300A: no person deprived of property save by authority of law; property is a constitutional/legal right, not a fundamental right after the 44th Amendment.

Literal rule: if the words are clear and unambiguous, they are given their ordinary natural meaning even if the result seems harsh.

Golden rule: literal meaning is adopted unless it produces absurdity or repugnancy, in which case the court modifies the meaning to avoid the absurdity.

Mischief rule (Heydon's case): consider the common law before the Act, the defect or mischief, the remedy Parliament provided, and the true reason of the remedy.

Purposive interpretation gives effect to the legislative purpose and is used especially for remedial and welfare legislation.

Internal aids: long title, preamble, marginal notes, headings, definitions, provisos, illustrations, schedules, and punctuation.

External aids: dictionaries, parliamentary history, committee reports, statements of objects and reasons, and contemporanea expositio.

Generalia specialibus non derogant: special provisions prevail over general provisions. Expressio unius est exclusio alterius: express mention of one thing excludes others.

Provisos carve out exceptions to the main provision and are construed strictly; a proviso cannot expand the scope of the main enactment.

Reddendo singula singulis: words are referred to their appropriate objects. Noscitur a sociis: meaning is gathered from associated words.

Penal and taxing statutes are construed strictly in favour of the subject, but machinery provisions are construed liberally to make the levy work.

Section 3 definitions apply to all Central Acts and Regulations made after the commencement of the Act unless the context otherwise requires.

Section 6: repeal does not affect prior operation, rights/privileges acquired, liabilities incurred, or penalties incurred; repeal and re-enactment revives the old law unless contrary intention appears.

Section 8: where an Act repeals and re-enacts a provision, references in other enactments are construed as references to the re-enacted provision.

Section 9: commencement at the beginning of the day on which the Act comes into force (i.e., midnight).

Section 10: power to appoint includes power to appoint ex officio and to appoint different persons to perform different functions.

Section 13: official acts may be done by the successor in office; the expression 'successor' covers acting and officiating officers.

Section 16: power to appoint includes power to suspend or dismiss; Section 17: power to remove includes power to suspend.

Section 21: 'financial year' means the year commencing 1 April. Section 24: computation of time excludes the first day and includes the last day.

Section 26: service by post is deemed effected when the letter is posted, unless the contrary is proved.

Section 27: where an act is required to be done within a prescribed period and the court is satisfied there was sufficient cause, it may extend the period (not applicable where the period is fixed by the Limitation Act).

Natural justice: audi alteram partem (right to be heard) and nemo judex in causa sua (no one judge in his own cause).

Bias may be personal, pecuniary, official, or policy bias; a mere likelihood of bias is enough to vitiate an order.

A reasoned order is a requirement of fair procedure; non-application of mind or failure to give reasons is a ground of challenge.

Doctrine of legitimate expectation: a promise or established practice creates an expectation that can be enforced unless overridden by public interest.

Judicial review grounds: illegality, irrationality (Wednesbury unreasonableness), procedural impropriety, and proportionality.

Doctrine of pleasure: civil servants hold office during the pleasure of the President/Governor, but Article 311 safeguards against dismissal without inquiry.

Delegatus non potest delegare: a delegate cannot further delegate unless the statute permits; sub-delegation is otherwise invalid.

Writ of certiorari quashes a decision for jurisdictional error or breach of natural justice; mandamus compels performance of a public duty; prohibition stops proceedings; quo warranto questions authority to hold a public office.

Principles of natural justice can be excluded by statute where the situation demands urgency or where the action is administrative in nature.

Tort requires a wrongful act or omission, legal damage, and a remedy; injuria sine damno is actionable, damnum sine injuria is not.

Negligence: duty of care, breach, causation, and damage. Res ipsa loquitur shifts the burden to the defendant where the thing is under his exclusive control.

Strict liability (Rylands v Fletcher) applies to escape of dangerous substances from non-natural use of land; the rule is subject to exceptions (act of God, act of stranger, consent, statutory authority).

Absolute liability (M.C. Mehta) applies to hazardous industries with no exceptions for act of God or act of stranger.

Vicarious liability: master is liable for torts of a servant committed in the course of employment; independent contractors are generally not covered.

Defamation: libel is written and actionable per se; slander is spoken and generally requires special damage. Defences include truth, fair comment, and privilege.

Nuisance: private nuisance is unlawful interference with use and enjoyment of land; public nuisance is a crime as well as a tort.

Defences to tort: volenti non fit injuria, contributory negligence, act of God, necessity, statutory authority, and plaintiff's own wrong.

The Limitation Act prescribes 1 year for defamation, 2 years for torts generally, and 3 years for suits for compensation for injury to person or property.

Section 2(h) Indian Contract Act: an agreement enforceable by law is a contract. Essentials: offer, acceptance, consideration, capacity, free consent, lawful object, and certainty.

Section 2(d): consideration may move from the promisee or any other person; it must be real, lawful, and not past in the legal sense for a fresh promise.

Section 10 requires free consent; Sections 15-18 define coercion, undue influence, fraud, misrepresentation, and mistake.

Section 23: object or consideration is unlawful if forbidden by law, defeats the provisions of law, is fraudulent, injures another, or is immoral/opposed to public policy.

Section 56: agreement becomes void when performance becomes impossible; doctrine of frustration applies where the contract is discharged by supervening impossibility.

Section 73: damages for breach are compensatory; remoteness is governed by the rule in Hadley v Baxendale (natural consequence or contemplated by parties).

Section 74: where a sum is named as penalty or liquidated damages, reasonable compensation not exceeding the sum named may be awarded.

Specific Relief Act, 1963: specific performance is discretionary; Sections 10 and 14 govern when it may be granted or refused; Section 16 lists persons who cannot obtain it.

Section 9 Specific Relief Act: a person dispossessed of immovable property without due process may recover possession within 6 months.

Injunction: temporary (Order XXXIX CPC) and perpetual (Sections 36-42 Specific Relief Act); mandatory injunction compels performance; quia timet prevents threatened breach.

Section 182 Indian Contract Act: an agent is a person employed to do an act for another or to represent another in dealings with third persons.

Creation of agency: express agreement, implied by conduct or circumstances, ratification, necessity, or estoppel/holding out.

Section 196: ratification requires knowledge of the facts and must be of the whole transaction; it relates back to the date of the original act.

Section 230: an agent is not personally liable to third parties where the principal is disclosed and the agent acts within authority; an undisclosed principal is liable but the agent may also be liable.

Sections 201-210: agency terminates by revocation, renunciation, completion of business, death or insanity of principal/agent, or insolvency of principal.

Section 201: revocation requires reasonable notice; revocation before the agent has exercised authority is valid but may make the principal liable for damages.

Section 217: an agent must not make secret profits; Section 218: must not deal on his own account; Section 219: must account for all sums received.

Sub-agent (Section 191) acts under the control of the agent; a substituted agent (Section 194) is directly responsible to the principal.

An agent cannot delegate powers unless the nature of the work requires it or the principal expressly permits it (delegatus non potest delegare).

Section 148: bailment is delivery of goods by one person to another for some purpose, upon a contract that they shall be returned or disposed of when the purpose is accomplished.

Bailor's duties: disclose faults (Section 150), bear extraordinary expenses (Section 158), indemnify for premature termination (Section 159). Bailee's duties: reasonable care (Section 151), no unauthorized use (Section 154), return goods (Section 160).

Section 170: a bailee has a particular lien for services involving labour or skill on the goods bailed, if the agreed remuneration is not paid.

Section 171: general lien is available to bankers, factors, wharfingers, attorneys, and policy brokers for the general balance of account.

Pledge (Section 172): bailment of goods as security for payment of a debt or performance of a promise; pawnee has a right of retainer (Section 173) and may sell on default after notice (Section 176).

Negotiable Instruments Act, 1881: Section 13 defines negotiable instrument; Section 4 promissory note; Section 5 bill of exchange; Section 6 cheque.

Section 138: dishonour of cheque for insufficiency of funds is an offence if the cheque is presented within 3 months, a demand notice is sent within 30 days of receipt of information, and the drawer fails to pay within 15 days.

Section 139: presumption in favour of the holder; Section 118 statutory presumptions of consideration, date, and good faith.

Cheque validity is 3 months from the date of the instrument; Section 143A allows interim compensation up to 20% of the cheque amount.

Companies Act, 2013: Section 2(20) defines company; Section 3 provides for incorporation; Section 7 deals with incorporation by filing with the Registrar.

Section 2(68) private company: restricts transfer of shares, limits members to 200 (excluding employees), and prohibits public invitation to subscribe.

Section 2(71) public company: not a private company and has a minimum paid-up capital as prescribed; a subsidiary of a public company is deemed public.

Section 149: minimum number of independent directors for prescribed classes of companies; Section 152 deals with appointment of directors; Section 165 caps directorships at 20 companies (10 public).

Board meetings: Section 173 requires at least 4 meetings a year with a gap of not more than 120 days between two meetings.

Section 122: one person company, small company, and dormant company are exempt from holding board meetings; OPC has one member and one director minimum.

Section 135: CSR applies to companies with net worth of Rs.500 crore or more, turnover of Rs.1,000 crore or more, or net profit of Rs.5 crore or more; 2% of average net profits of the last 3 financial years.

Section 185 restricts loans to directors; Section 186 governs loans and investments by companies; Section 188 covers related party transactions.

Limited Liability Partnership Act, 2008: at least 2 partners and 2 designated partners, one of whom must be resident in India; body corporate liability is limited to the LLP.

Section 2(1)(n) LLP: designated partner means a partner designated as such under the LLP agreement. LLP is a body corporate with perpetual succession (Section 3).

SEBI Act, 1992: SEBI regulates securities market, protects investors, and promotes development; Section 15A-15HB prescribe penalties for various violations.

SEBI (LODR) Regulations, 2015: Regulation 33 requires quarterly and annual financial results; Regulation 17 deals with board composition and independent directors.

SEBI (Prohibition of Insider Trading) Regulations, 2015: prohibit trading on unpublished price-sensitive information (UPSI); disclosure requirements under Regulations 7 and 29.

FEMA, 1999: Section 3 restricts dealing in foreign exchange; Section 6 regulates capital account transactions; Section 10 authorizes RBI to issue directions.

FEMA contravention: Section 13 provides for penalty up to 3 times the sum involved; adjudication by an officer not below the rank of Assistant General Manager.

Competition Act, 2002: Section 3 prohibits anti-competitive agreements; Section 4 prohibits abuse of dominant position; Sections 5 and 6 regulate combinations.

CCI may impose penalty up to 10% of average turnover for the preceding 3 financial years for violations of Sections 3 and 4; leniency under Section 46.

Consumer Protection Act, 2019: defines consumer, unfair trade practice, and defect; establishes District, State, and National Commissions; e-commerce and product liability are covered.

IPR: Patents Act, 1970 (20-year term); Copyright Act, 1957 (life plus 60 years); Trade Marks Act, 1999 (10 years, renewable); Designs Act, 2000 (10 years, extendable by 5).

CPC, 1908: Section 9 civil courts have jurisdiction except where barred; Section 15 requires suit in the lowest court competent to try it; Section 20 deals with territorial jurisdiction.

Order VII Rule 11: plaint may be rejected for want of cause of action, undervaluation, or bar by law; Order XXXIX Rules 1 and 2 deal with temporary injunctions.

Limitation Act, 1963: Section 3 bars suits filed after the prescribed period; Section 5 allows condonation of delay in appeals and applications; Section 18 deals with acknowledgment in writing.

Article 113: residual period of 3 years from the date the right to sue accrues; Article 65: 12 years for possession of immovable property.

Evidence Act, 1872: Section 3 defines evidence; Section 45 expert opinion; Section 60 oral evidence must be direct; Section 65 secondary evidence.

Section 101-104: burden of proof lies on the person who asserts a fact; Section 106 covers burden of proving facts especially within knowledge.

Section 25 confession to police is inadmissible; Section 27 discovery in consequence of information received from the accused is admissible.

CrPC, 1973: Section 154 FIR; Section 161 examination of witnesses by police; Section 167 remand; Section 173 charge sheet; Section 190 cognizance by Magistrate.

Section 41 CrPC arrest without warrant; Section 46 arrest how made; Section 50 grounds of arrest to be communicated; Section 57 no detention beyond 24 hours without magistrate's order.

IT Act, 2000: Section 2(1)(t) defines electronic record; Section 4 gives legal recognition to electronic records; Section 5 digital signature.

Section 10A: contracts formed through electronic means are valid; Section 13: time and place of dispatch and receipt of electronic records.

Section 43: penalty for unauthorized access, downloading, damage, or disruption of computer resources; compensation to the affected person.

Section 65: tampering with computer source documents is an offence punishable with imprisonment up to 3 years or fine up to Rs.2 lakh, or both.

Section 66: computer-related offences (dishonest or fraudulent acts) punishable with imprisonment up to 3 years or fine up to Rs.5 lakh.

Section 66C identity theft, Section 66D cheating by personation using computer resources, Section 66E privacy violation, Section 67 obscene material.

Section 72A: disclosure of personal information in breach of a lawful contract is punishable with imprisonment up to 3 years or fine up to Rs.5 lakh.

RTI Act, 2005: 30 days for response; 48 hours where life or liberty of a person is involved; Section 8 exemptions; Section 19 first appeal within 30 days.

Prevention of Corruption Act, 1988: Section 7 public servant taking gratification; Section 13 criminal misconduct; amended in 2018 to cover bribe givers.