Bihar Civil Judge Exam cheat sheet

Section 9: civil courts try all civil suits except those expressly or impliedly barred; suit valuation and pecuniary jurisdiction go to jurisdiction, not merits.

Order II Rule 2: every suit must include the whole of the claim arising from the same cause of action; omission bars a later suit for the omitted part, but a relinquished portion may be sued for with court permission.

Order VI Rule 17: amendment of pleadings is allowed at any stage if it does not cause prejudice that cannot be compensated by costs; after trial begins, no amendment unless due diligence is shown.

Order VII Rule 11: plaint rejected for want of cause of action, undervaluation, non-disclosure of cause of action, or bar of law; rejection on these grounds is a decree appealable under Section 96.

Order VIII Rule 1: written statement within 30 days from service of summons, extendable up to 90 days; Order VIII Rule 6A counterclaim stands on the same footing as a plaint.

Order IX: ex parte decree set aside under Rule 13 on showing sufficient cause or non-service of summons; Rule 9 bars a fresh suit after dismissal for default, remedy is restoration.

Section 11 res judicata: a matter directly and substantially in issue in a former suit between the same parties, litigated and finally decided by a competent court, cannot be re-agitated.

Section 100 second appeal lies only where the case involves a substantial question of law, framed at admission; Section 115 revision lies against a case decided where no appeal lies.

Sections 94-96 and 151: inherent powers preserve the ends of justice; Order XXXIX temporary injunction requires prima facie case, irreparable injury, and balance of convenience.

BNSS Section 35 (CrPC Section 41): arrest requires recorded reasons and notice of appearance for offences punishable up to 7 years; arrest is not mandatory for every cognizable offence.

BNSS Section 173 (CrPC Section 154): FIR for a cognizable offence; BNSS adds zero-FIR registration and mandatory preliminary enquiry for offences punishable with 3 to 7 years with prior DSP permission.

BNSS Section 183 (CrPC Section 167): default bail if investigation is not completed within 60 days (offences up to 10 years) or 90 days (offences above 10 years).

BNSS Section 193 (CrPC Section 173): charge-sheet; BNSS permits further investigation and requires electronic records to be forwarded to the Magistrate.

BNSS Section 480 (CrPC Section 437): bail considerations include nature of accusation, antecedents, and flight risk; a person under 16, a woman, or a sick person may be released on bail with sureties.

BNSS Section 359 (CrPC Section 313): examination of the accused to explain circumstances appearing in evidence; BNSS permits written explanation and use of electronic mode.

BNSS Section 398 (CrPC Section 374): appeals from convictions lie to the Sessions Court for sentences up to 7 years and to the High Court for higher sentences or capital cases.

BNSS Section 105 and 106: attachment and forfeiture of proceeds of crime; Section 107 empowers the court to order restoration of property to victims.

Limitation: BNSS retains the 90-day rule for completing investigation and mandates time-bound disposal; CrPC Section 468 bars taking cognizance after limitation periods based on the maximum punishment.

BNS Section 3 (IPC Section 2): the Sanhita applies to offences committed in India and to offences by any person on a ship or aircraft registered in India.

BNS Section 101 (IPC Section 300): murder requires intention to cause death or bodily injury likely to cause death; exceptions reduce it to culpable homicide not amounting to murder under BNS Section 100.

BNS Section 63 (IPC Section 302): punishment for murder; BNS introduces community service as a sentencing option for petty offences.

BNS Section 115 (IPC Section 307): attempt to murder; punishment up to 10 years, or life if hurt is caused.

BNS Section 74 (IPC Section 354): assault on a woman with intent to outrage modesty; BNS Section 75 covers sexual harassment and Section 76 covers stalking.

BNS Section 103 (IPC Section 304): culpable homicide not amounting to murder; Part I with intention attracts life or 10 years, Part II without intention attracts up to 10 years.

BNS Section 303 (IPC Section 378): theft; BNS Section 304 (IPC Section 379) prescribes up to 3 years, and the value of property is relevant to aggravated forms.

BNS Section 111 (IPC Section 34): common intention requires a pre-arranged plan or prior meeting of minds; mere presence does not attract it.

BNS Section 189 (IPC Section 141): unlawful assembly requires five or more persons with a common object; membership attracts punishment under Section 190.

BSA Section 57 (IEA Section 32): statements of a dying person are relevant if they relate to the cause of death or circumstances of the transaction; the declarant need not be under expectation of death.

BSA Section 63 (IEA Section 65): secondary evidence of electronic records requires a certificate in the prescribed form under Section 63(4), signed by the person in charge of the device.

BSA Section 23 (IEA Section 8): motive, preparation, and previous or subsequent conduct are relevant facts; conduct includes statements accompanying acts.

BSA Section 4: definitions of 'document', 'evidence', and 'electronic record'; BSA includes electronic and digital records within the definition of evidence.

BSA Section 118 (IEA Section 118): all persons are competent witnesses unless the court considers them unable to understand questions or give rational answers.

BSA Section 25 (IEA Section 24): a confession caused by inducement, threat, or promise from a person in authority is irrelevant; Section 25 bars confessions to police.

BSA Section 101 (IEA Section 101): burden of proof lies on the person who asserts a fact; Section 103 places the burden of proving a particular fact on the person who wishes the court to believe it.

BSA Section 119 (IEA Section 119): a witness unable to speak may give evidence by writing or signs; the court records the mode.

BSA Section 61 (IEA Section 60): oral evidence must be direct; hearsay is inadmissible except under recognized exceptions such as dying declarations and admissions.

Section 54: sale of tangible immovable property of value Rs 100 or more requires a registered instrument; below Rs 100, delivery of possession suffices.

Section 58: mortgage types include simple, conditional sale, usufructuary, English, and anomalous; a charge under Section 100 is not a mortgage.

Section 60: the mortgagor has a right to redeem at any time after the mortgage money becomes due, and the right cannot be clogged by agreement.

Section 53A: the doctrine of part performance protects a transferee in possession under a written contract, provided he has performed his part and is willing to perform the rest.

Section 106: lease of immovable property for agriculture or manufacturing requires 1 year's notice; other leases require 15 days' notice, unless the contract provides otherwise.

Section 111: determination of lease by efflux of time, forfeiture, merger, or notice; Section 108 enumerates the rights and liabilities of lessor and lessee.

Section 122: gift of immovable property requires a registered instrument attested by two witnesses; acceptance must be made during the donor's lifetime.

Easements Act Section 4: an easement is a right enjoyed over another's land for the beneficial enjoyment of one's own; it is a right in rem annexed to the dominant heritage.

Easements Act Section 15: prescriptive easement requires 20 years of peaceable, open, and continuous enjoyment as of right; Section 13 covers acquisition by express or implied grant.

Section 2(h): a contract is an agreement enforceable by law; Section 10 requires free consent, lawful consideration, lawful object, and capacity.

Section 11: a person is competent to contract if of the age of majority, of sound mind, and not disqualified by law; a minor's agreement is void ab initio.

Section 25: an agreement without consideration is void, except for natural love and affection between near relatives, past voluntary services, or a time-barred debt in writing.

Section 56: an agreement becomes void when performance is impossible due to an act of God or a change of law; frustration discharges the contract.

Section 73: damages for breach are compensation for loss naturally arising in the usual course, or loss the parties knew of at the time of contract.

Section 74: liquidated damages are awarded as reasonable compensation not exceeding the stipulated sum; a penalty is not enforceable in full.

Specific Relief Act Section 10: specific performance is the general rule for breach of contract, not a discretionary exception, after the 2018 amendment.

Specific Relief Act Section 14: contracts for personal service, contracts dependent on personal qualifications, and contracts determinable in nature are not specifically enforceable.

Specific Relief Act Section 16: the plaintiff must be ready and willing to perform the contract and must have performed the essential terms.

Hindu Marriage Act Section 5: conditions for a valid marriage include monogamy, sound mind, minimum age of 21 for the groom and 18 for the bride, and absence of prohibited degrees.

Hindu Marriage Act Section 13: divorce grounds include adultery, cruelty, desertion for 2 years, conversion, insanity, and renunciation; Section 13B allows mutual consent divorce.

Hindu Succession Act Section 6: after the 2005 amendment, a daughter is a coparcener by birth with the same rights as a son in coparcenary property.

Hindu Succession Act Section 8: property devolves first on Class I heirs (son, daughter, widow, mother), then Class II, then agnates and cognates.

Hindu Adoptions and Maintenance Act Section 6: a valid adoption requires the adoptive father or mother to have capacity, the child to be adoptable, and a ceremony of giving and taking.

Muslim marriage (nikah) requires proposal and acceptance in one sitting, in the presence of two male or one male and two female witnesses, and a dower (mahr).

Muslim law: mahr is a contractual obligation, either prompt or deferred; it is not a dowry and remains payable even after divorce.

Muslim law: divorce may be by talaq (including talaq-e-hasan and talaq-e-ahsan), khula, mubarat, or judicial decree; the Muslim Women (Protection of Rights on Divorce) Act, 1986 governs maintenance after divorce.

Muslim law: a will (wasiyat) is valid only to the extent of one-third of the estate unless the heirs consent; gifts (hiba) require declaration, acceptance, and delivery of possession.

Limitation Act Section 3: a suit filed after the prescribed period is dismissed even if limitation is not pleaded as a defence; the court must apply it.

Limitation Act Article 113: the residuary article for suits for which no period is prescribed is 3 years from the date the right to sue accrues.

Limitation Act Article 54: a suit for specific performance must be filed within 3 years from the date fixed for performance, or from refusal if no date is fixed.

Limitation Act Article 58: a declaration suit must be filed within 3 years from the date the right to sue first accrues.

Limitation Act Sections 4-5: extension is available for sufficient cause in appeals and applications, but not for suits, except under Section 5 for applications.

Limitation Act Section 14: time spent in a bona fide prosecution of a civil proceeding in a court without jurisdiction is excluded from the limitation period.

Registration Act Section 17: documents affecting immovable property of value Rs 100 or more, and leases exceeding 1 year, must be registered.

Registration Act Section 49: an unregistered document affecting immovable property is inadmissible as evidence of the transaction but may be used to prove collateral matters.

Registration Act Section 60: the registering officer endorses a certificate of registration; Section 23 requires presentation within 4 months of execution.

Article 12: 'State' includes the Government and Parliament of India, state governments and legislatures, and all local or other authorities within India or under government control.

Article 13: laws inconsistent with fundamental rights are void; the doctrine of eclipse applies to pre-constitutional laws.

Article 14: equality before law and equal protection of laws; classification is permitted if based on intelligible differentia with a rational nexus to the object.

Article 19: six freedoms, including speech and expression, assembly, association, movement, residence, and profession; reasonable restrictions are enumerated in clauses 2 to 6.

Article 21: right to life and personal liberty includes due process, privacy (K.S. Puttaswamy), and speedy trial; it cannot be suspended except by law.

Article 32: writ jurisdiction of the Supreme Court for enforcement of fundamental rights; Article 226 gives High Courts wider writ jurisdiction for fundamental and other legal rights.

Article 44: directive principle directing the State to endeavour to secure a uniform civil code throughout India.

Article 50: separation of the judiciary from the executive in the public services of the State; Article 51A lists fundamental duties.

Article 368: amendment procedure requires a special majority, and for federal provisions, ratification by half the state legislatures.

Bihar was formed as a separate province on 22 March 1912 and became a state of the Indian Union in 1950; the capital is Patna.

The Bihar Legislative Assembly has 243 elected members; the Legislative Council has 75 members, including graduates' and teachers' constituencies.

The Patna High Court was established in 1916 and has jurisdiction over Bihar; it is the seat of the state's highest judicial authority.

The Bihar Panchayat Raj Act, 2006 provides for gram panchayats, panchayat samitis, and zila parishads, with reservation for women and scheduled castes and tribes.

The Bihar Land Reforms Act, 1950 abolished the zamindari system; the Bihar Tenancy Act, 1885 governs agricultural holdings and raiyati rights.

The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 provides for consolidation of agricultural land holdings.

Bihar's economy is predominantly agricultural; major crops include rice, wheat, maize, and litchis from Muzaffarpur; the state has a high population density.

Bihar is bounded by Uttar Pradesh to the west, Nepal to the north, West Bengal to the east, and Jharkhand to the south; the Ganges flows through the state.

Bihar's legal aid and lok adalat structure follows the Legal Services Authorities Act, 1987, with the Bihar State Legal Services Authority at the apex.

Legal drafting requires precision: use 'shall' for mandatory obligations and 'may' for discretionary powers; avoid ambiguity in operative clauses.

Translation of legal terms: 'decree' is 'डिक्री', 'judgment' is 'निर्णय', 'plaint' is 'वादपत्र', and 'written statement' is 'लिखित कथन'.

Comprehension passages test inference, main idea, and tone; answers must be supported by the text, not by outside knowledge.

Grammar errors commonly tested include subject-verb agreement, misplaced modifiers, and incorrect use of articles and prepositions.

Idioms and phrases: 'to bear the brunt' means to suffer the main impact; 'to call a spade a spade' means to speak plainly.

Hindi grammar: संधि (sandhi), समास (samas), and कारक (case) are frequently tested; 'राम' in 'राम ने' is कर्ता कारक.

Antonyms and synonyms: 'candid' means frank; its antonym is 'evasive'; 'meticulous' means extremely careful.

Sentence correction: prefer active voice in legal writing, and ensure parallel structure in lists and enumerations.

Essay writing: structure with an introduction, body paragraphs, and conclusion; legal essays should cite provisions and case law where relevant.