Haryana Civil Judge (Jr Div) study materials
Haryana Civil Judge (Jr Div) study resources

Haryana Civil Judge (Jr Div) cheat sheet

Haryana Civil Judge (Jr Div) · Keep the key ideas within reach.

Quick reference

Civil Procedure Code, 1908

  • Section 9 CPC: civil courts have jurisdiction over all civil suits except suits of a civil nature expressly or impliedly barred; suits involving only caste or religious ritual rights are not civil suits.

  • Order II Rule 2: a plaintiff who omits a portion of a claim arising from the same cause of action is barred from suing for the omitted portion later; leave of court under Rule 2(3) removes the bar.

  • Order VII Rule 11: plaint rejected for want of cause of action, undervaluation of relief, insufficient court fee, barred by law, or non-compliance with Section 80 notice; rejection is a decree appealable under Section 96.

  • Section 80 CPC: two months' prior written notice to Government before suing; urgent relief may be granted under Section 80(2) with the plaint and notice filed together.

  • Order VI Rule 17: amendment of pleadings 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.

  • Section 11 CPC: res judicata bars a second suit where the matter was directly and substantially in issue in a former suit decided by a competent court between the same parties or their privies.

  • Order XXXIX Rules 1-2: temporary injunction granted on prima facie case, irreparable injury and balance of convenience; Rule 3 requires reasons in the order; Rule 4 permits discharge or variation on changed circumstances.

  • Order XLI: first appeal lies on facts and law; Order XLI Rule 5 makes filing of appeal no automatic stay, but the appellate court may stay execution; second appeal under Section 100 is confined to substantial questions of law.

Quick reference

Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

  • Section 154 CrPC / Section 173 BNSS: FIR registered for a cognizable offence; refusal to register is remediable under Section 156(3) CrPC / Section 175(3) BNSS by magistrate's direction to investigate.

  • Section 161 CrPC / Section 180 BNSS statements to police are not signed and are inadmissible as evidence; limited use is permitted under Section 145 of the Evidence Act / Section 148 BSA for contradiction.

  • Section 167 CrPC / Section 187 BNSS: default bail accrues if investigation is not completed within 60 days (offences punishable up to 10 years) or 90 days (higher punishment).

  • Section 437 CrPC / Section 483 BNSS: bail in non-bailable offences is discretionary; restrictions apply where the accused is suspected of an offence punishable with death or life imprisonment, or has a prior conviction.

  • Section 125 CrPC / Section 144 BNSS: maintenance for wife, children and parents unable to maintain themselves; the ceiling of Rs 500 per month was struck down in Ranjit Kaur (2009).

  • Section 482 CrPC / Section 528 BNSS: inherent powers of the High Court to quash proceedings to prevent abuse of process or secure ends of justice; a civil dispute with a criminal colour is not automatically quashed.

  • Section 300 CrPC / Section 337 BNSS: a person once convicted or acquitted cannot be tried again for the same offence; a different offence on the same facts requires the sanction of the competent court.

  • Section 173 CrPC / Section 193 BNSS: police report (chargesheet) filed on completion of investigation; the magistrate may direct further investigation under Section 173(8) CrPC / Section 193(9) BNSS.

Quick reference

Indian Penal Code, 1860 / Bharatiya Nyaya Sanhita

  • Section 300 IPC / Section 101 BNS: murder requires intention to cause death or such bodily injury as the offender knows likely to cause death; exceptions 1-5 reduce it to culpable homicide under Section 304 IPC / Section 105 BNS.

  • Section 378 IPC / Section 303 BNS: theft requires dishonest intention to take movable property out of the owner's possession without consent; the taking must be in the course of the same transaction.

  • Section 420 IPC / Section 318 BNS: cheating requires deception, fraudulent or dishonest inducement, and delivery of property; the deception must precede the inducement.

  • Section 302 IPC / Section 103 BNS: punishment for murder is death or imprisonment for life and fine; Section 304 IPC / Section 105 BNS provides up to life imprisonment for culpable homicide not amounting to murder.

  • Section 376 IPC / Section 64 BNS: rape of a minor below 12 years carries a minimum of 20 years' rigorous imprisonment, extendable to life; the death penalty is discretionary.

  • Section 498A IPC / Section 85 BNS: cruelty by husband or relatives requires conduct likely to drive the woman to suicide or grave injury, or harassment for dowry; punishment is up to three years and fine.

  • Section 34 IPC / Section 49 BNS: common intention requires a pre-arranged plan and prior meeting of minds; mere presence at the scene does not establish common intention.

  • Section 141 IPC / Section 189 BNS: unlawful assembly requires five or more persons with a common object; membership of an assembly that becomes unlawful after a lawful start attracts Section 142 IPC / Section 190 BNS.

Quick reference

Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam

  • Section 3 IEA / Section 2 BSA: 'proved' means the court believes the fact to exist; 'disproved' means it believes it does not; 'not proved' means neither belief nor disbelief is reached.

  • Section 25 IEA / Section 23 BSA: a confession to a police officer is inadmissible; Section 27 IEA / Section 23(2) BSA admits only the portion of information leading to discovery of a fact.

  • Section 32 IEA / Section 26 BSA: dying declaration is admissible where the statement relates to the cause of death; it need not be in question-answer form and can be oral.

  • Section 45 IEA / Section 39 BSA: expert opinion is relevant on foreign law, science, art, handwriting and finger impressions; the expert's opinion is advisory, not binding on the court.

  • Section 65B IEA / Section 63 BSA: electronic records are proved by a certificate from the person in charge of the device; Arjun Panditrao (2020) holds the certificate is mandatory for secondary electronic evidence.

  • Section 101 IEA / Section 104 BSA: the burden of proof lies on the person who asserts a fact; Section 106 IEA / Section 109 BSA shifts the burden where the fact is specially within the knowledge of a person.

  • Section 114 IEA / Section 119 BSA: the court may presume existence of facts likely to have happened in the ordinary course of nature; illustration (g) presumes that evidence withheld would be unfavourable.

  • Section 138 IEA / Section 142 BSA: cross-examination must follow examination-in-chief unless the witness is recalled; leading questions are permitted in cross-examination on matters in issue.

Quick reference

Hindu Law and Muslim Law (personal law)

  • Hindu Marriage Act, 1955, Section 5: conditions for a valid marriage include monogamy, sound mind, minimum age 21 for the groom and 18 for the bride, and absence of a prohibited relationship or sapinda relationship.

  • Section 13(1) HMA: divorce on fault grounds including adultery, cruelty, desertion for two years, conversion, unsoundness of mind, leprosy, venereal disease, renunciation and presumption of death; Section 13B permits mutual consent divorce.

  • Section 6 HMA: a child born from a void or voidable marriage is legitimate; the child inherits from both parents but cannot claim rights in the property of other relatives.

  • Hindu Succession Act, 1956, Section 6 (as amended in 2005): a daughter is a coparcener by birth with the same rights and liabilities as a son; the amendment applies prospectively from 9 September 2005.

  • Muslim law: talaq-ul-sunnat is revocable (talaq ahsan and hasan); talaq-ul-biddat, triple talaq in one sitting, is void and unconstitutional under Shayara Bano (2017) and the 2019 Act.

  • Muslim law: iddat is the waiting period after divorce or death during which remarriage is prohibited; it is three menstrual courses after divorce and four months and ten days after death.

  • Muslim law: a valid waqf requires dedication of property to God with a lawful object; the waqf must be permanent and the property must be in the ownership of the wakif at the time of dedication.

  • Muslim law: a gift (hiba) requires declaration, acceptance and delivery of possession; a gift to a minor can be made by a guardian, and a gift in lieu of dower is valid.

Quick reference

Law of Contract and Specific Relief

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

  • Section 11: a minor's contract is void ab initio; a contract by a person of unsound mind or a person disqualified by law is also void.

  • Section 23: consideration or object is unlawful if forbidden by law, defeats the provisions of a law, is fraudulent, or is opposed to public policy.

  • Section 56: a contract becomes void when performance is impossible or unlawful after the contract is made; initial impossibility is generally void under Section 20.

  • 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; remote loss is not recoverable.

  • Section 74: where a sum is named as penalty or liquidated damages, the court awards reasonable compensation not exceeding the named sum; proof of loss is not essential.

  • Specific Relief Act, 1963, Section 10 (as amended in 2018): specific performance is the rule and damages the exception for contracts capable of specific performance.

  • Specific Relief Act, Section 16: specific performance is not available to a person who has obtained substituted performance, or who has violated the contract, or who is unable to perform.

Quick reference

Law of Torts and Consumer Protection

  • Negligence requires duty of care, breach of that duty, causation and damage; the standard is that of a reasonable person, not the highest possible care.

  • Rylands v Fletcher: a person who brings on land something likely to do mischief and it escapes is liable for the damage, subject to defences of act of God, consent and statutory authority.

  • Vicarious liability: a master is liable for the torts of a servant committed in the course of employment; an independent contractor's acts are generally not attributable.

  • Defamation requires a defamatory statement, publication to a third party, and reference to the plaintiff; truth is a complete defence in civil actions.

  • Consumer Protection Act, 2019: a complainant may file before the District Commission up to Rs 50 lakh, the State Commission from Rs 50 lakh to Rs 2 crore, and the National Commission above Rs 2 crore.

  • Consumer Protection Act, 2019, Section 2(11): 'deficiency' means any fault, imperfection, shortcoming or inadequacy in the quality, nature or manner of performance required by law.

  • Consumer Protection Act, 2019, Section 2(47): 'unfair trade practice' includes false representation about the quality, quantity, grade or standard of goods or services.

  • Limitation under the Consumer Protection Act, 2019: a complaint must be filed within two years from the date of the cause of action; delay may be condoned on sufficient cause.

Quick reference

Constitutional Law of India

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

  • Article 13: laws inconsistent with fundamental rights are void; 'law' includes ordinances, orders, bye-laws, rules, regulations and notifications, but not constitutional amendments (Kesavananda Bharati).

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

  • Article 21: right to life and personal liberty includes the right to a fair trial, legal aid, speedy trial, privacy (Puttaswamy, 2017) and a clean environment.

  • Article 32: the right to move the Supreme Court for enforcement of fundamental rights is itself a fundamental right; Article 226 gives High Courts wider writ jurisdiction.

  • Article 44: the State shall endeavour to secure a uniform civil code; it is a directive principle, not enforceable in courts.

  • Article 368: constitutional amendment requires a special majority in each House; amendments affecting federal provisions also require ratification by half the state legislatures.

  • Article 311(2): a civil servant cannot be dismissed, removed or reduced in rank without an inquiry, except where the President or Governor certifies that it is not reasonably practicable.

Quick reference

Transfer of Property Act and Easements

  • Section 54 TPA: a sale of tangible immovable property of value Rs 100 or more must be by a registered instrument; below that value, delivery of possession suffices.

  • Section 58 TPA: a mortgage is a transfer of an interest in specific immovable property to secure a loan; a mortgage by conditional sale and a sale with a repurchase agreement must be distinguished.

  • Section 106 TPA: a lease of immovable property for a term exceeding one year must be by a registered instrument; a month-to-month tenancy requires 15 days' notice to quit.

  • Section 53A TPA: the doctrine of part performance protects a transferee in possession who has performed his part, even if the transfer is not registered, against the transferor.

  • Section 60 TPA: the mortgagor has a right to redeem the mortgaged property at any time after the principal money has become due, unless the right is extinguished by a decree.

  • Section 111 TPA: a lease determines by expiry of the term, by notice to quit, by forfeiture for breach, by merger or by surrender; Section 108 lists the rights of the lessee.

  • Easements Act, 1882, Section 4: an easement is a right which the owner of a dominant heritage has over a servient heritage for the beneficial enjoyment of the dominant heritage.

  • Easements Act, Section 13: an easement may be acquired by grant, by prescription (20 years), by necessity or by quasi-easement; Section 15 governs prescriptive acquisition.

Quick reference

Punjab and Haryana High Court Rules and Orders; professional ethics and advocacy

  • The Punjab and Haryana High Court Rules and Orders, Volume I, Chapter I, deal with the constitution of the High Court and the powers of the Chief Justice; Volume II deals with subordinate courts.

  • Civil Rules and Orders, Volume I, Chapter 1: the presiding officer must inspect the records of the court at least once a year and record a certificate of inspection.

  • Advocates Act, 1961, Section 35: the State Bar Council may reprimand, suspend or remove an advocate from the roll for professional misconduct; an appeal lies to the Bar Council of India under Section 37.

  • Bar Council of India Rules, Part VI, Chapter II: an advocate may not advertise, solicit work, or appear in a matter where he has a pecuniary interest or has been a witness.

  • Advocate-client privilege under Section 126 of the Evidence Act / Section 132 BSA: communications between an advocate and client are protected, but not communications made in furtherance of a crime.

  • Contempt of Courts Act, 1971, Section 2: civil contempt is wilful disobedience of a court order; criminal contempt is scandalising the court, prejudicing judicial proceedings or obstructing justice.

  • Haryana Court Fees Act, 1870 (as applicable): ad valorem court fee is payable on the value of the suit; fixed fees apply to declarations and injunctions as per the Schedule.

Quick reference

General knowledge, current affairs and English composition

  • Haryana was carved out of Punjab on 1 November 1966 on the recommendation of the Shah Commission; its capital is Chandigarh, shared with Punjab.

  • Haryana has 22 districts; the Punjab and Haryana High Court at Chandigarh is the common High Court for both states and for the Union Territory of Chandigarh.

  • The Governor of Haryana is appointed by the President under Article 155; the Chief Minister heads the Council of Ministers under Article 164.

  • English composition for judicial exams tests précis writing, comprehension, letter writing, paragraph writing and correction of sentences; idiom and synonym questions are common.

  • Current affairs for Haryana judicial services include Supreme Court judgments, amendments to criminal procedure, and state government notifications on courts and appointments.

  • The Constitution (One Hundred and Sixth Amendment) Act, 2023, provides for one-third reservation for women in the Lok Sabha and state legislative assemblies.

  • The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam replaced the IPC, CrPC and Evidence Act with effect from 1 July 2024.

Quick reference

Haryana-specific statutes and minor Acts

  • Punjab Tenancy Act, 1887 (as applicable to Haryana): governs occupancy tenants and tenancies; Section 5 defines a tenant and Section 9 governs the right of occupancy.

  • Punjab Land Revenue Act, 1887 (as applicable to Haryana): the Collector is the head of the district revenue administration; Section 44 provides for partition of land on application.

  • Haryana Urban (Control of Rent and Eviction) Act, 1973: regulates rent and eviction in urban areas; Section 13 lists grounds for eviction including non-payment of rent and bona fide need.

  • Haryana Ceiling on Land Holdings Act, 1972: fixes the ceiling on agricultural land holdings; surplus land vests in the State and is allotted to landless persons.

  • Haryana Panchayati Raj Act, 1994: establishes Gram Panchayats, Panchayat Samitis and Zila Parishads; the State Election Commission conducts panchayat elections.

  • Haryana Municipal Act, 1973 (now largely replaced by the Haryana Municipal Corporation Act, 1994 for corporations): governs municipal committees and their powers of taxation and regulation.

  • Haryana Good Conduct Prisoners (Temporary Release) Act, 1988: provides for temporary release of prisoners on parole and furlough; the District Magistrate grants parole under the Act.

Quick reference

Punjab and Haryana High Court Rules and Orders (practice and procedure)

  • A civil suit is instituted by presenting a plaint in the court of the lowest pecuniary jurisdiction competent to try it; the plaint must comply with Order VII Rule 1 CPC.

  • The High Court Rules require the filing of a vakalatnama duly signed by the advocate and the client; a memo of appearance must be filed in the trial court.

  • Applications for adjournment must be supported by an affidavit stating the grounds; the court may award costs for adjournment under Section 35 CPC.

  • The Rules prescribe that certified copies of judgments and decrees be issued on application after the expiry of the appeal period, unless the court orders otherwise.

  • Under the High Court Rules, a first appeal must be accompanied by a certified copy of the decree and judgment appealed from, and by the court fee payable on the memorandum of appeal.

  • Execution proceedings are governed by Order XXI CPC; the Rules require the decree-holder to file a list of the property to be attached with an affidavit of the deponent.

  • The High Court Rules on inspection of records permit a party or advocate to inspect the judicial record on application, subject to payment of the prescribed fee.

Quick reference

Professional ethics and advocacy (Bar Council rules)

  • An advocate must not accept a brief on a contingency fee basis in a criminal case; the fee must be a fixed sum agreed in advance.

  • An advocate must not appear for both parties in the same matter; a change of sides requires the consent of the former client and the court.

  • An advocate must maintain a separate client account and must not mix client money with his own; the Bar Council of India Rules require proper accounts.

  • An advocate who accepts a brief must appear in court unless prevented by sufficient cause; failure to appear without cause is professional misconduct.

  • An advocate must not communicate with the opposite party directly in a pending matter; communication must be through the opposite advocate.

  • An advocate may not be a witness in a case in which he appears; if he is a necessary witness, he must withdraw from the case.

  • An advocate must not use his position to influence a witness or the court; contempt of court and professional misconduct attract disciplinary action.

Quick reference

Haryana-specific statutes and minor Acts (procedural)

  • The Haryana Court Fees Act, 1870, Schedule I, Article 1: ad valorem fee on plaints is computed on the amount or value of the subject matter in dispute.

  • The Haryana Stamp Act, 1899 (as applicable): instruments not duly stamped are inadmissible in evidence until impounded and the deficit duty and penalty are paid.

  • The Registration Act, 1908, applies to Haryana; Section 17 requires registration of instruments of gift of immovable property and of leases exceeding one year.

  • The Haryana Land Holdings Tax Act, 1973, levies tax on land holdings above the prescribed ceiling; the tax is assessed by the Collector.

  • The Punjab and Haryana High Court has framed rules for the filing of criminal appeals and revisions; a revision under Section 397 CrPC / Section 438 BNSS must be filed within the prescribed limitation.

  • Haryana Legal Services Authorities Act, 1987: Lok Adalats are constituted under Section 19; an award of the Lok Adalat is deemed a decree of a civil court and is final under Section 21.

  • The Haryana Victim Compensation Scheme, framed under Section 357A CrPC / Section 396 BNSS, provides compensation to victims of crime; the District Legal Services Authority disburses it.

Quick reference

Civil Procedure Code, 1908 (execution and appeals)

  • Section 38 CPC: a decree may be executed by the court that passed it or by the court to which it is sent for execution; Section 39 governs transfer of a decree for execution.

  • Order XXI Rule 54: attachment of immovable property is made by an order prohibiting the judgment-debtor from transferring or charging the property.

  • Order XXI Rule 90: sale in execution may be set aside on application by the judgment-debtor on the ground of a material irregularity or fraud in publishing or conducting the sale.

  • Section 47 CPC: questions relating to execution, discharge or satisfaction of a decree are decided by the executing court, not by a separate suit.

  • Section 96 CPC: an appeal lies from every decree passed by a court exercising original jurisdiction, except a decree passed with the consent of parties.

  • Order XLIII Rule 1 CPC: appeals lie from specified orders, including an order under Order XXXIX Rule 1, 2, 4 or 10, and an order rejecting a plaint under Order VII Rule 11.

  • Section 115 CPC: revision lies to the High Court against an order of a subordinate court where the order is without jurisdiction or has failed to exercise jurisdiction, or has acted illegally or with material irregularity.

Quick reference

Code of Criminal Procedure, 1973 / BNSS (trial and bail)

  • Section 200 CrPC / Section 223 BNSS: a magistrate taking cognizance of an offence on complaint examines the complainant and witnesses on oath before issuing process.

  • Section 202 CrPC / Section 225 BNSS: the magistrate may postpone the issue of process and inquire into the case or direct investigation by a police officer.

  • Section 227 CrPC / Section 251 BNSS: the Sessions Court discharges the accused if there is no sufficient ground for proceeding after considering the record and the documents.

  • Section 313 CrPC / Section 351 BNSS: the accused is examined by the court to explain the circumstances appearing in the evidence; the examination is not a stage for the defence to lead evidence.

  • Section 320 CrPC / Section 359 BNSS: compounding of offences is permitted for specified offences with the consent of the court; compounding has the effect of an acquittal.

  • Section 428 CrPC / Section 471 BNSS: the period of detention during investigation, inquiry or trial is set off against the sentence of imprisonment imposed on conviction.

  • Section 436A CrPC / Section 479 BNSS: a prisoner who has served half the maximum sentence is released on personal bond, except in offences punishable with death.

Quick reference

Indian Penal Code, 1860 / BNS (general exceptions and offences)

  • Section 76 IPC / Section 20 BNS: an act done by a person bound by law, or by mistake of fact believing himself bound by law, is not an offence.

  • Section 84 IPC / Section 22 BNS: an act done by a person of unsound mind, incapable of knowing the nature of the act or that it is wrong or contrary to law, is not an offence.

  • Section 90 IPC / Section 25 BNS: consent given under fear of injury, misconception of fact, or by a person unable to understand the nature of the act is not consent.

  • Section 300 IPC / Section 101 BNS, Exception 4: culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel.

  • Section 304B IPC / Section 80 BNS: dowry death requires death within seven years of marriage, cruelty or harassment for dowry, and the death must be otherwise than in normal circumstances.

  • Section 354 IPC / Section 74 BNS: assault or criminal force on a woman with intent to outrage her modesty; punishment is imprisonment up to two years, or fine, or both.

  • Section 406 IPC / Section 316 BNS: criminal breach of trust requires entrustment of property, dishonest misappropriation or conversion, and dishonest use or disposal.

Quick reference

Indian Evidence Act, 1872 / BSA (relevance and proof)

  • Section 6 IEA / Section 5 BSA: facts forming part of the same transaction are relevant whether they occurred at the same time and place or at different times and places.

  • Section 8 IEA / Section 7 BSA: motive, preparation and previous or subsequent conduct of a party are relevant facts.

  • Section 21 IEA / Section 18 BSA: an admission is a statement, oral or documentary, suggesting an inference as to a fact in issue; it may be used against the maker but not by him.

  • Section 24 IEA / Section 22 BSA: a confession caused by inducement, threat or promise from a person in authority, and sufficient to give grounds for hope of benefit or fear of harm, is irrelevant.

  • Section 45A IEA / Section 39 BSA: the opinion of an examiner of electronic evidence under Section 79A of the Information Technology Act is relevant.

  • Section 63 IEA / Section 60 BSA: secondary evidence includes certified copies, copies made from the original by mechanical process, and oral accounts of the contents of a document.

  • Section 68 IEA / Section 67 BSA: a document required by law to be attested must be proved by calling at least one attesting witness, if alive and subject to the process of the court.

Quick reference

Hindu Law and Muslim Law (succession and guardianship)

  • Hindu Succession Act, 1956, Section 8: the property of a male Hindu dying intestate devolves first on Class I heirs, then Class II, then agnates, then cognates.

  • Hindu Succession Act, Section 14: property possessed by a female Hindu is held as full owner, not limited owner, whether acquired before or after the Act.

  • Hindu Minority and Guardianship Act, 1956, Section 6: the father is the natural guardian of a legitimate Hindu minor, and after him the mother; the custody of a child below five years is ordinarily with the mother.

  • Hindu Adoptions and Maintenance Act, 1956, Section 7: a male Hindu with a wife living may adopt only with the consent of the wife; Section 8 requires the consent of the husband for a female Hindu.

  • Muslim law: a Muslim male may marry up to four wives; a Muslim female may marry only one husband; marriage with a woman within prohibited degrees is void.

  • Muslim law: dower (mahr) is the sum payable by the husband to the wife on marriage; it may be prompt or deferred, and the wife may refuse conjugal rights until it is paid.

  • Muslim law: under the Muslim Personal Law (Shariat) Application Act, 1937, intestate succession is governed by Shariat; a childless widow is entitled to a share in her husband's estate.

  • Muslim law: guardianship of the person (hizanat) belongs to the mother, while guardianship of property (wilayat) belongs to the father or his executor.

Quick reference

Law of Contract and Specific Relief (performance and breach)

  • Section 37 Indian Contract Act: the parties must perform their promises unless dispensed with or excused under the Act or any other law.

  • Section 39: when a party has refused to perform the contract in its entirety, the other party may put an end to the contract unless he has signified acquiescence in its continuance.

  • Section 51: a person who is bound to perform a promise may withhold performance until the other party performs the reciprocal promise.

  • Section 55: when time is of the essence, failure to perform within the time allows the other party to avoid the contract; otherwise, the contract remains valid with compensation for delay.

  • Section 124: a contract of indemnity is one by which one party promises to save the other from loss caused by the conduct of the promisor or any other person.

  • Section 126: a contract of guarantee is a contract to perform the promise or discharge the liability of a third person in case of his default; the surety's liability is co-extensive with that of the principal debtor.

  • Specific Relief Act, Section 14: specific performance is not available for a contract for personal service, or where the performance involves continuous supervision by the court.

Quick reference

Law of Torts and Consumer Protection (specific torts)

  • Trespass to land requires direct entry on land in the possession of another without lawful justification; the plaintiff need not prove actual damage.

  • Nuisance is an unlawful interference with a person's use or enjoyment of land; private nuisance affects an individual, public nuisance affects a class of persons.

  • Strict liability under Rylands v Fletcher applies to non-natural use of land; the defences include act of God, act of a stranger, consent and statutory authority.

  • Absolute liability, as in M.C. Mehta (1987), applies to enterprises engaged in hazardous activity; no defence is available except act of God and act of a stranger.

  • The Limitation Act, 1963, prescribes three years for a suit for compensation for tort from the date the wrong is committed, and one year for defamation.

  • Consumer Protection Act, 2019, Section 2(7): 'consumer' includes a person who buys goods or hires services for consideration, but excludes a person who obtains goods for resale or commercial purpose.

  • Consumer Protection Act, 2019, Section 2(42): 'product liability' arises when a product causes harm due to a manufacturing defect, design defect, deviation from specifications, or inadequate instructions.

Quick reference

Constitutional Law of India (judiciary and emergency)

  • Article 124: the Supreme Court consists of the Chief Justice and other judges appointed by the President; a judge holds office until 65 years of age.

  • Article 217: a High Court judge is appointed by the President and holds office until 62 years of age; removal requires a special majority on grounds of misbehaviour or incapacity.

  • Article 141: the law declared by the Supreme Court is binding on all courts within the territory of India.

  • Article 142: the Supreme Court may pass any decree or order necessary for complete justice; the power is supplementary and cannot override statutory provisions.

  • Article 352: a proclamation of emergency may be issued on grounds of war, external aggression or armed rebellion; it requires the written recommendation of the Cabinet.

  • Article 356: President's rule may be imposed where the constitutional machinery in a state has failed; the proclamation must be approved by both Houses within two months.

  • Article 226: a High Court may issue writs for the enforcement of fundamental rights and for any other purpose; the power is wider than Article 32.

Quick reference

Transfer of Property Act and Easements (transfer and leases)

  • Section 5 TPA: transfer of property means an act by which a living person conveys property to one or more other living persons; transfer to an unborn person is governed by Section 13.

  • Section 6 TPA: property of any kind may be transferred, except a mere right of re-entry, a mere right to sue, and a public office or salary.

  • Section 10 TPA: a condition restraining alienation is void; Section 11 makes a condition restraining enjoyment of the property void.

  • Section 52 TPA: the doctrine of lis pendens prevents a transfer of property in suit from affecting the rights of the other party; the transfer is subject to the decree.

  • Section 58(f) TPA: a mortgage by deposit of title deeds requires delivery of documents in a notified town with intent to create a security; it need not be registered.

  • Section 105 TPA: a lease is a transfer of the right to enjoy immovable property for a certain time in consideration of a price paid or promised; the lessee has a right to possession.

  • Easements Act, Section 15: an easement by prescription is acquired by peaceable and open enjoyment for 20 years as of right; enjoyment must be without interruption.

Quick reference

Punjab and Haryana High Court Rules and Orders (criminal side)

  • The High Court Rules require that a criminal appeal be filed within the limitation prescribed by the Limitation Act; an application for condonation of delay must accompany a belated appeal.

  • The Rules prescribe that bail applications be listed before the appropriate bench; the Public Prosecutor must be heard before bail is granted in a non-bailable offence.

  • Under the High Court Rules, a Sessions Judge must submit an annual report on the working of the subordinate criminal courts to the High Court.

  • The Rules require the magistrate to record reasons in writing when remanding an accused to custody under Section 167 CrPC / Section 187 BNSS.

  • The High Court Rules on the custody of records require that the trial court record be transmitted to the appellate court on admission of the appeal.

  • The Rules provide for the inspection of criminal courts by the Sessions Judge and by the High Court; defects must be communicated to the presiding officer.

  • The High Court Rules require that the judgment in a criminal trial be pronounced within 30 days of the conclusion of arguments, unless the court extends the time for reasons.

Quick reference

Professional ethics and advocacy (conduct and contempt)

  • An advocate must not accept a brief from a person who is not his client without the client's consent; the advocate is bound to act on the client's instructions.

  • An advocate must not disclose the client's confidences without consent, except where the law requires disclosure or the client has waived the privilege.

  • An advocate must not appear in a matter in which he has a personal interest or in which he has previously acted for the opposite party.

  • An advocate must not use unfair means or mislead the court; suppression of a material fact is professional misconduct.

  • An advocate may not strike work or abstain from court as a form of protest; the Bar Council of India has held strikes to be against professional ethics.

  • Contempt of Courts Act, 1971, Section 12: punishment for contempt is simple imprisonment up to six months, or fine up to Rs 2,000, or both.

  • The Bar Council of India Rules require an advocate to keep a record of his professional earnings and to pay his dues to the Bar Council.

Quick reference

General knowledge, current affairs and English composition (Haryana)

  • Haryana shares boundaries with Punjab, Himachal Pradesh, Uttarakhand, Uttar Pradesh and Rajasthan; it surrounds Delhi on three sides.

  • The Haryana Legislative Assembly has 90 seats; the state sends 10 members to the Lok Sabha and 5 to the Rajya Sabha.

  • The Punjab and Haryana High Court was established in 1947 at Shimla and shifted to Chandigarh in 1955; it has a sanctioned strength of 85 judges.

  • English composition questions in judicial exams include fill in the blanks, error spotting, sentence improvement, synonyms, antonyms and one-word substitution.

  • Current affairs for the exam include the Bharatiya Nyaya Sanhita reforms, Supreme Court judgments on bail and digital evidence, and Haryana government notifications on court infrastructure.

  • The Haryana Public Service Commission conducts the Haryana Civil Services (Judicial Branch) examination in three stages: preliminary, main and interview.

Quick reference

Haryana-specific statutes and minor Acts (revenue and local)

  • Punjab Land Revenue Act, 1887, Section 34: the Collector may summarily settle a dispute as to boundaries of land; Section 35 provides for the appointment of a boundary mark.

  • Punjab Land Revenue Act, Section 111: a record-of-rights is prepared for each estate; the Collector may revise it on application or on his own motion.

  • Haryana Ceiling on Land Holdings Act, 1972, Section 4: the ceiling area is fixed with reference to the land and the number of members of the family; surplus land is determined by the Collector.

  • Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13: a tenant may be evicted for non-payment of rent, subletting without consent, or material impairment of the property.

  • Haryana Panchayati Raj Act, 1994, Section 21: a Gram Panchayat may impose taxes and fees; its budget must be approved by the Panchayat Samiti.

  • Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3: a prisoner may be released on parole for a specified period for reasons such as illness in the family or agricultural operations.

  • The Haryana Legal Services Authorities Act, 1987, Section 12: persons eligible for free legal aid include women, children, SC/ST persons, industrial workmen and persons with disability.

Quick reference

Civil Procedure Code, 1908 (jurisdiction and parties)

  • Section 15 CPC: every suit must be instituted in the court of the lowest grade competent to try it; Section 16 governs suits relating to immovable property.

  • Section 20 CPC: a suit may be instituted where the defendant resides, or where the cause of action arises, or where the defendant carries on business.

  • Order I Rule 8 CPC: one person may sue or be sued on behalf of numerous persons with the same interest with the permission of the court; notice must be given to all.

  • Order I Rule 10 CPC: the court may strike out or add parties at any stage of the proceedings to enable effective adjudication of the matters in dispute.

  • Order II Rule 3 CPC: a plaintiff may unite in the same suit several causes of action against the same defendant; the court may order separate trials if they cannot be conveniently tried together.

  • Order XXXII CPC: a minor or a person of unsound mind sues or is sued through a next friend or guardian ad litem; the court must appoint a fit person.

  • Section 24 CPC: the High Court or District Court may transfer a suit to another court for the ends of justice; an application for transfer must be made to the appropriate court.

Quick reference

Code of Criminal Procedure, 1973 / BNSS (investigation and charge)

  • Section 41 CrPC / Section 35 BNSS: a police officer may arrest without warrant for a cognizable offence; Section 41A CrPC / Section 35(3) BNSS requires a notice of appearance where arrest is not necessary.

  • Section 50 CrPC / Section 47 BNSS: a person arrested must be informed of the grounds of arrest and of the right to bail; Section 50A requires information to a nominated person.

  • Section 57 CrPC / Section 58 BNSS: an arrested person must be produced before a magistrate within 24 hours of arrest, excluding the time of journey.

  • Section 161 CrPC / Section 180 BNSS: the police may examine witnesses orally; the statements must be recorded in writing and read over to the witness.

  • Section 164 CrPC / Section 183 BNSS: a confession or statement may be recorded by a magistrate; a confession must be recorded in the manner prescribed and the magistrate must explain that it may be used against the maker.

  • Section 211 CrPC / Section 234 BNSS: the charge must state the offence with which the accused is charged and the law and section under which it is punishable.

  • Section 216 CrPC / Section 239 BNSS: the court may alter or add to a charge at any time before judgment; the charge must be read and explained to the accused.

Quick reference

Indian Penal Code, 1860 / BNS (offences against property and public order)

  • Section 378 IPC / Section 303 BNS: theft is punishable under Section 379 IPC / Section 304 BNS with imprisonment up to three years, or fine, or both.

  • Section 392 IPC / Section 309 BNS: robbery is theft or extortion with hurt or fear of instant hurt; punishment is rigorous imprisonment up to seven years and fine.

  • Section 395 IPC / Section 310 BNS: dacoity is robbery committed by five or more persons; punishment is imprisonment for life or rigorous imprisonment up to ten years and fine.

  • Section 415 IPC / Section 318 BNS: cheating requires deception of a person to deliver property or consent to retention of property; Section 420 IPC / Section 318(4) BNS punishes cheating and dishonestly inducing delivery of property.

  • Section 499 IPC / Section 356 BNS: defamation requires publication of an imputation intending to harm reputation; exceptions include truth for public good and fair comment on public conduct.

  • Section 503 IPC / Section 351 BNS: criminal intimidation requires a threat of injury to person, reputation or property with intent to cause alarm or to compel an act.

  • Section 144 IPC / Section 190 BNS: joining an unlawful assembly armed with a deadly weapon is punishable with imprisonment up to two years, or fine, or both.

Quick reference

Indian Evidence Act, 1872 / BSA (witnesses and presumptions)

  • Section 118 IEA / Section 124 BSA: all persons are competent to testify unless the court considers them unable to understand the questions or to give rational answers due to tender years, extreme old age, disease or mental incapacity.

  • Section 119 IEA / Section 125 BSA: a witness unable to speak may give evidence by writing or by signs; the evidence must be recorded in open court.

  • Section 133 IEA / Section 137 BSA: an accomplice is a competent witness; conviction on his uncorroborated testimony is legal but unsafe as a rule of prudence.

  • Section 137 IEA / Section 141 BSA: examination-in-chief, cross-examination and re-examination; leading questions may be asked in cross-examination and, with permission, in examination-in-chief.

  • Section 145 IEA / Section 148 BSA: a witness may be cross-examined as to previous statements in writing without the writing being shown to him; the writing must be shown before contradiction.

  • Section 114 IEA / Section 119 BSA, illustration (a): the court may presume that a thing or state of things once shown to exist continues to exist, unless the contrary is proved.

  • Section 165 IEA / Section 170 BSA: the judge may put any question to a witness to discover or obtain proper proof of relevant facts; the parties may then cross-examine on the answer.

Quick reference

Hindu Law and Muslim Law (marriage and divorce)

  • Hindu Marriage Act, 1955, Section 7: a Hindu marriage may be solemnised by the customary rites and ceremonies of either party; where saptapadi is customary, it completes the marriage.

  • Section 12 HMA: a marriage is voidable if either party was impotent, or the consent was obtained by force or fraud, or the bride was below 18 or the groom below 21 at the time of marriage.

  • Section 11 HMA: a marriage is void if it violates Section 5(i), (iv) or (v), i.e. bigamy, prohibited relationship or sapinda relationship.

  • Section 24 HMA: either party may seek maintenance pendente lite and expenses of proceedings; Section 25 provides for permanent alimony and maintenance.

  • Muslim law: a marriage (nikah) is a civil contract requiring offer and acceptance in the presence of two male or one male and two female witnesses.

  • Muslim law: khula is a divorce by agreement at the instance of the wife, who gives consideration to the husband; mubaraat is divorce by mutual consent.

  • Muslim law: the Dissolution of Muslim Marriages Act, 1939, Section 2, lists grounds on which a Muslim wife may obtain a decree for dissolution of marriage, including cruelty and failure to maintain.

Quick reference

Law of Contract and Specific Relief (void and voidable agreements)

  • Section 2(g) Indian Contract Act: an agreement not enforceable by law is void; Section 2(i) defines a voidable contract as one enforceable at the option of one or more parties but not at the option of the other.

  • Section 19: an agreement caused by coercion, undue influence, fraud or misrepresentation is voidable at the option of the party whose consent was so caused.

  • Section 16: undue influence requires a relationship where one party is in a position to dominate the will of the other and uses that position to obtain an unfair advantage.

  • Section 17: fraud includes a false suggestion of fact, active concealment, a promise made without intention to perform, and any act fitted to deceive.

  • Section 30: a wagering agreement is void; collateral transactions are enforceable, but the winner cannot recover the stake.

  • Section 27: an agreement in restraint of trade is void, except a sale of goodwill or a partnership agreement with reasonable restrictions.

  • Section 28: an agreement in restraint of legal proceedings is void; an agreement to refer disputes to arbitration is valid under the Arbitration and Conciliation Act, 1996.

Quick reference

Law of Torts and Consumer Protection (remedies and procedure)

  • Damages in tort are compensatory and aim to put the plaintiff in the position he would have been in had the tort not been committed; nominal, exemplary and aggravated damages are recognised.

  • An injunction may be granted to restrain a continuing tort such as nuisance or trespass; the plaintiff must show a prima facie case and irreparable injury.

  • The rule in Rylands v Fletcher does not apply to damage caused by the plaintiff's own act or by the act of a third party without the defendant's knowledge.

  • Consumer Protection Act, 2019, Section 35: a complaint may be filed by the consumer, a registered consumer association, the Central or State Government, or a legal heir of a deceased consumer.

  • Consumer Protection Act, 2019, Section 38: the District Commission may order the removal of a defect, replacement of goods, refund of the price, or payment of compensation.

  • Consumer Protection Act, 2019, Section 47: an appeal lies from the District Commission to the State Commission within 30 days of the order.

  • Consumer Protection Act, 2019, Section 58: an appeal lies from the State Commission to the National Commission within 30 days of the order.

Quick reference

Constitutional Law of India (fundamental rights)

  • Article 19(1): freedom of speech and expression, assembly, association, movement, residence and profession; Clause (2) permits reasonable restrictions on speech on grounds of sovereignty, security, public order, decency and morality.

  • Article 20(1): no person shall be convicted of an offence except for the violation of a law in force at the time of the act; Article 20(2) prohibits double jeopardy; Article 20(3) protects against self-incrimination.

  • Article 21A: the State shall provide free and compulsory education to all children of the age of six to fourteen years; this was inserted by the 86th Amendment in 2002.

  • Article 22: a person arrested must be informed of the grounds of arrest and produced before a magistrate within 24 hours; Clause (2) applies to persons detained under preventive detention laws.

  • Article 23: traffic in human beings and forced labour are prohibited; Article 24 prohibits employment of children below 14 years in factories, mines and hazardous work.

  • Article 25: freedom of conscience and free profession, practice and propagation of religion; the State may regulate secular activities and make laws for social welfare and reform.

  • Article 30: minorities, based on religion or language, have the right to establish and administer educational institutions of their choice.

Quick reference

Transfer of Property Act and Easements (gifts and mortgages)

  • Section 122 TPA: a gift is a transfer of property made voluntarily and without consideration by the donor to the donee; acceptance is essential.

  • Section 123 TPA: a gift of immovable property must be made by a registered instrument attested by at least two witnesses; a gift of movable property may be made by delivery.

  • Section 124 TPA: a gift of existing or future property may be made; a gift of future property is void unless it is of a specified portion of the property.

  • Section 126 TPA: a gift may be revoked by agreement of the parties on a specified event; a gift may also be revoked if it was obtained by fraud or undue influence.

  • Section 58(a) TPA: a simple mortgage requires the mortgagor to pay the loan and empowers the mortgagee to cause the property to be sold; possession remains with the mortgagor.

  • Section 69 TPA: a mortgagee with power of sale may sell the property without the intervention of the court in the circumstances specified in the section.

  • Easements Act, Section 41: an easement of necessity arises where the dominant heritage cannot be enjoyed without the easement; it continues only so long as the necessity continues.

Quick reference

Punjab and Haryana High Court Rules and Orders (court fees and stamps)

  • The Haryana Court Fees Act, 1870, Section 7: the court fee on a plaint in a suit for money is computed ad valorem on the amount claimed.

  • Section 9 of the Court Fees Act: a fixed fee is payable for a plaint in a suit for a declaration or an injunction, as specified in the Schedule.

  • The Haryana Stamp Act, 1899, Section 35: an instrument not duly stamped is inadmissible in evidence; the court may impound it and require payment of the deficit duty and a penalty.

  • Section 36 of the Stamp Act: once an instrument is admitted in evidence, its admissibility cannot be questioned on the ground of insufficient stamp duty.

  • The Registration Act, 1908, Section 49: a document required to be registered but not registered is inadmissible as evidence of a transaction affecting immovable property.

  • The Punjab and Haryana High Court Rules require the court fee to be paid at the time of the presentation of the plaint; insufficient court fee may lead to rejection under Order VII Rule 11(c) CPC.

  • The Haryana Court Fees Act, Section 19: the court may allow a party to sue as an indigent person, exempting him from court fee, if he lacks sufficient means.

Quick reference

Professional ethics and advocacy (duties to court and client)

  • An advocate must appear in court in proper dress as prescribed by the High Court Rules; failure to do so may result in the matter being adjourned with costs.

  • An advocate must not appear in a case in which he has been a party or a witness; he must also not appear for a person whose interests conflict with those of another client.

  • An advocate must not accept a fee from the opposite party or from a person who is not his client without the client's knowledge and consent.

  • An advocate must not withhold a document or property belonging to the client on the ground of non-payment of fees; the remedy is a suit for recovery of fees.

  • An advocate must not communicate with a witness to influence his testimony; such conduct amounts to tampering with evidence and is professional misconduct.

  • An advocate must maintain the confidentiality of client information and must not use it to the disadvantage of the client or for his own benefit.

  • An advocate must not engage in advertising or solicitation of work; the Bar Council of India Rules prohibit touting and the use of intermediaries to procure briefs.

Quick reference

General knowledge, current affairs and English composition (judicial system)

  • The Supreme Court of India was established on 28 January 1950; it succeeded the Federal Court of India, which was established in 1937.

  • The High Courts in India are established under Article 214; there are 25 High Courts, and the Punjab and Haryana High Court is one of them.

  • The District and Sessions Judge is the head of the district judiciary; the District Judge exercises civil jurisdiction and the Sessions Judge exercises criminal jurisdiction.

  • The National Judicial Data Grid (NJDG) provides data on pending cases in district and subordinate courts across the country.

  • English composition for judicial exams includes precis writing, comprehension, letter writing and paragraph writing; candidates should practise writing in clear, formal English.

  • Current affairs for the exam include the 2023 criminal law reforms, the Supreme Court's rulings on the electoral bonds scheme (2024) and the appointment of judges.

  • The Haryana Public Service Commission was established in 1971; it conducts the Haryana Civil Services (Judicial Branch) examination for the state judiciary.

Quick reference

Haryana-specific statutes and minor Acts (family and welfare)

  • The Haryana Prevention of Defacement of Property Act, 1989: prohibits defacement of public property by writing, painting or pasting material; punishment is imprisonment up to six months or fine up to Rs 1,000.

  • The Haryana Municipal Corporation Act, 1994: establishes municipal corporations in major cities; the Commissioner is the executive head and the Mayor is the elected head.

  • The Haryana State Commission for Women Act, 2012: constitutes a State Commission for Women to protect and promote the interests of women in the state.

  • The Haryana Right to Service Act, 2014: provides for time-bound delivery of notified services and a grievance redressal mechanism; the Right to Service Commission hears appeals.

  • The Haryana Compulsory Registration of Marriages Act, 2008: requires registration of marriages solemnised in the state; failure to register attracts a fine.

  • The Haryana Maintenance of Internal Security Act, 1971: provides for preventive detention in certain cases; the Act is modelled on the Maintenance of Internal Security Act, 1971.

  • The Haryana Ceiling on Land Holdings Act, 1972, Section 12: surplus land is allotted to eligible persons, including landless agricultural workers and members of scheduled castes.

Quick reference

Civil Procedure Code, 1908 (judgment and decree)

  • Section 2(2) CPC: a decree is the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.

  • Section 2(9) CPC: a judgment is the statement given by the judge of the grounds of a decree or order; it must contain a concise statement of the case, the points for determination, the decision and the reasons.

  • Order XX Rule 1 CPC: the court must pronounce judgment in open court either at once or on a future day; the judgment must be signed and dated by the judge.

  • Order XX Rule 6 CPC: the decree must agree with the judgment; it must contain the number of the suit, the names and descriptions of the parties, the particulars of the claim and the relief granted.

  • Section 33 CPC: the court must pronounce judgment on all issues; it may pronounce judgment on an issue of law if it is sufficient to dispose of the suit.

  • Section 34 CPC: the court may award interest on the principal sum adjudged from the date of the suit to the date of the decree, and further interest on the aggregate sum.

  • Section 35A CPC: the court may award compensatory costs for false or vexatious claims or defences, not exceeding Rs 3,000.

Quick reference

Code of Criminal Procedure, 1973 / BNSS (appeals and revision)

  • Section 372 CrPC / Section 415 BNSS: no appeal lies from any judgment or order of a criminal court except as provided by the Code or any other law.

  • Section 374 CrPC / Section 415 BNSS: an appeal lies to the Sessions Judge or the High Court from a conviction by a magistrate; an appeal from a conviction by a Sessions Judge or an Additional Sessions Judge lies to the High Court.

  • Section 376 CrPC / Section 417 BNSS: an appeal from a conviction for a petty offence may be summarily dismissed; the appellate court may also suspend the sentence pending appeal.

  • Section 386 CrPC / Section 423 BNSS: the appellate court may confirm, reverse or modify the judgment, or order a retrial or further inquiry.

  • Section 389 CrPC / Section 430 BNSS: the appellate court may suspend the execution of the sentence or order the release of the convicted person on bail pending appeal.

  • Section 397 CrPC / Section 438 BNSS: the High Court or the Sessions Judge may call for and examine the record of a subordinate court to correct an illegality or impropriety in the order.

  • Section 401 CrPC / Section 442 BNSS: the High Court may exercise the powers of revision on its own motion; the revisional court may not enhance a sentence without giving the accused an opportunity to be heard.

Quick reference

Indian Penal Code, 1860 / BNS (offences against the person)

  • Section 299 IPC / Section 100 BNS: culpable homicide is causing death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that the act is likely to cause death.

  • Section 300 IPC / Section 101 BNS, Exception 1: culpable homicide is not murder if the offender, deprived of the power of self-control by grave and sudden provocation, causes the death of the provocateur.

  • Section 319 IPC / Section 130 BNS: hurt is bodily pain, disease or infirmity caused to any person; grievous hurt under Section 320 IPC / Section 131 BNS includes emasculation, permanent loss of sight, fracture and dislocation.

  • Section 324 IPC / Section 118 BNS: voluntarily causing hurt by dangerous weapons or means is punishable with imprisonment up to three years, or fine, or both.

  • Section 326 IPC / Section 120 BNS: voluntarily causing grievous hurt by dangerous weapons or means is punishable with imprisonment for life or up to ten years and fine.

  • Section 354A IPC / Section 75 BNS: sexual harassment includes physical contact, demand for sexual favours, showing pornography and making sexually coloured remarks.

  • Section 509 IPC / Section 79 BNS: word, gesture or act intended to insult the modesty of a woman is punishable with simple imprisonment up to three years and fine.

Quick reference

Indian Evidence Act, 1872 / BSA (documentary evidence)

  • Section 61 IEA / Section 56 BSA: the contents of documents may be proved either by primary or by secondary evidence.

  • Section 62 IEA / Section 57 BSA: primary evidence means the document itself produced for the inspection of the court; a document executed in parts requires each part to be produced.

  • Section 64 IEA / Section 59 BSA: documents must be proved by primary evidence except in the cases mentioned in Section 65 IEA / Section 60 BSA.

  • Section 65 IEA / Section 60 BSA: secondary evidence may be given when the original is in the possession of the opposite party, is lost, is not easily movable, or is a public document.

  • Section 74 IEA / Section 74 BSA: public documents include documents forming the acts of the sovereign authority, official bodies and tribunals, and public records kept by a public officer.

  • Section 79 IEA / Section 79 BSA: a certified copy of a public document may be presumed to be genuine if it purports to be signed and sealed by the proper officer.

  • Section 90 IEA / Section 89 BSA: a document 30 years old or more, produced from proper custody, may be presumed to be genuine and duly executed.

Quick reference

Hindu Law and Muslim Law (inheritance and wills)

  • Hindu Succession Act, 1956, Section 30: a Hindu may dispose of his interest in coparcenary property by will; the will must be executed in accordance with the Indian Succession Act, 1925.

  • Indian Succession Act, 1925, Section 63: a will must be in writing, signed by the testator, and attested by two or more witnesses who have seen the testator sign.

  • Hindu Succession Act, Section 15: the property of a female Hindu dying intestate devolves first on her sons and daughters, then on the heirs of her husband, then on her mother and father.

  • Muslim law: a will (wasiyat) is valid only to the extent of one-third of the estate after payment of debts and funeral expenses; a bequest beyond one-third requires the consent of the heirs.

  • Muslim law: a bequest to an heir is not valid unless the other heirs consent to it; the consent must be given after the death of the testator.

  • Muslim law: the estate of a deceased Muslim devolves on the heirs in accordance with the Hanafi, Shia or other applicable school; the sharers (zavil-furuz) take fixed shares.

  • Muslim law: a person may make a gift in contemplation of death (marz-ul-maut); such a gift is subject to the restrictions applicable to a will.

Quick reference

Law of Contract and Specific Relief (quasi-contracts and remedies)

  • Section 68 Indian Contract Act: if a person incapable of contracting is supplied with necessaries suited to his condition in life, the supplier is entitled to reimbursement from the property of the incapable person.

  • Section 69: a person who is interested in the payment of money which another is bound by law to pay, and who pays it, is entitled to reimbursement from the other.

  • Section 70: a person who lawfully does anything for another, not intending to do so gratuitously, is entitled to compensation from the other if the benefit is enjoyed.

  • Section 71: a person who finds goods belonging to another and takes them into his custody is subject to the same responsibility as a bailee.

  • Section 72: a person to whom money has been paid or anything delivered by mistake or coercion must repay or return it.

  • Specific Relief Act, Section 5: a person entitled to possession of specific immovable property may recover it by a suit; Section 6 provides a summary remedy for dispossession within six months.

  • Specific Relief Act, Section 38: a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether express or implied.

Quick reference

Law of Torts and Consumer Protection (negligence and liability)

  • The standard of care in negligence is that of a reasonable person; a professional is expected to possess the skill of an ordinary competent member of the profession, not the highest skill.

  • Res ipsa loquitur shifts the burden of proof to the defendant where the accident is of a kind that does not ordinarily occur without negligence and the thing causing it was under the defendant's control.

  • Contributory negligence on the part of the plaintiff reduces the damages proportionately; the Law Reform (Contributory Negligence) Act is not applicable in India, but courts apportion damages.

  • Volenti non fit injuria is a defence where the plaintiff voluntarily consented to the risk; mere knowledge of the risk is not consent.

  • The doctrine of common employment no longer bars a servant from suing the master for the negligence of a fellow servant in India.

  • Consumer Protection Act, 2019, Section 2(6): 'manufacturer' includes a person who makes goods, assembles parts, or puts his own mark on goods made by others.

  • Consumer Protection Act, 2019, Section 86: the National Commission may review its own order; the period of limitation for review is 30 days.

Quick reference

Constitutional Law of India (directive principles and duties)

  • Article 37: directive principles are not enforceable in any court, but they are fundamental in the governance of the country and the State must apply them in making laws.

  • Article 39A: the State shall provide free legal aid and ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

  • Article 40: the State shall organise village panchayats and endow them with the powers necessary to function as units of self-government; the 73rd Amendment gave this effect.

  • Article 41: the State shall secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.

  • Article 48A: the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.

  • Article 51A: fundamental duties of citizens include respecting the Constitution, the national flag and the national anthem, and protecting the sovereignty and integrity of India.

  • Article 50: the State shall take steps to separate the judiciary from the executive in the public services of the State.

Quick reference

Transfer of Property Act and Easements (actionable claims and leases)

  • Section 130 TPA: an actionable claim may be transferred by an instrument in writing signed by the transferor; notice to the debtor is not essential but affects priority.

  • Section 3 TPA: 'actionable claim' means a claim to any debt or beneficial interest in movable property not in possession, including a claim for damages.

  • Section 108 TPA: the lessor must give the lessee possession of the property, and the lessee must pay rent and keep the property in good condition.

  • Section 109 TPA: the lessor may transfer his rights in the leased property; the transferee acquires the rights of the lessor and is bound by the terms of the lease.

  • Section 114A TPA: where the lessee has been given notice to quit and has not vacated, the lessor may re-enter after the expiry of the notice period.

  • Easements Act, Section 7: easements are restrictive or affirmative; a restrictive easement prevents the servient owner from doing something on his land.

  • Easements Act, Section 47: an easement may be extinguished by the dissolution of the dominant heritage, by abandonment or by the servient owner's enjoyment of the property free from the easement for 20 years.

Quick reference

Punjab and Haryana High Court Rules and Orders (advocates and court work)

  • The High Court Rules require an advocate to file a memo of appearance in the court where he appears, stating the name of the client and the case.

  • An advocate must not appear in a court in which he is a party or in which he has a personal interest; the court may permit an exception with reasons.

  • The Rules prescribe that the advocate's fee shall be paid by the client directly; the advocate may not accept a fee from a third party without the client's consent.

  • An advocate must not withdraw from a case without the permission of the court and without giving reasonable notice to the client.

  • The Rules require the advocate to return the client's documents and papers on the termination of the engagement; retention of documents is professional misconduct.

  • The High Court Rules on the dress of advocates require a black coat, white shirt and a band or gown; the court may dispense with the gown in certain proceedings.

  • The Rules require that an advocate appearing in a criminal case must be present at the trial and must cross-examine the witnesses unless the court permits otherwise.

Quick reference

General knowledge, current affairs and English composition (legal current affairs)

  • The Bharatiya Nyaya Sanhita, 2023, contains 358 sections; the Bharatiya Nagarik Suraksha Sanhita, 2023, contains 531 sections; the Bharatiya Sakshya Adhiniyam, 2023, contains 170 sections.

  • The Supreme Court in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) held that a certificate under Section 65B of the Evidence Act is mandatory for secondary electronic evidence.

  • The Supreme Court in Shayara Bano v. Union of India (2017) held that instant triple talaq is void and unconstitutional; the Muslim Women (Protection of Rights on Marriage) Act, 2019, followed.

  • The Supreme Court in Puttaswamy v. Union of India (2017) held that the right to privacy is a fundamental right under Article 21.

  • The Supreme Court in Kesavananda Bharati v. State of Kerala (1973) held that the basic structure of the Constitution cannot be amended.

  • English composition questions include comprehension of a passage, précis writing, and letter writing; candidates should practise writing in formal English with correct grammar.

  • Current affairs for the exam include the Supreme Court's rulings on electoral bonds (2024) and the appointment of judges; candidates should follow a standard legal news source.

Quick reference

Haryana-specific statutes and minor Acts (criminal and police)

  • The Haryana Police Act, 2007: establishes the Haryana Police as a state police service; the Director General of Police is the head of the force.

  • The Haryana Police Act, 2007, Section 22: a police officer may be punished for misconduct after an inquiry; the punishment may include dismissal, removal or reduction in rank.

  • The Punjab Police Rules, 1934 (as applicable to Haryana): govern the recruitment, discipline and duties of the police force; Chapter XII deals with the investigation of crime.

  • The Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 6: the period of parole is not counted as part of the sentence unless the government directs otherwise.

  • The Haryana Victim Compensation Scheme, 2014: provides compensation to victims of crime, including victims of rape, acid attack and human trafficking; the District Legal Services Authority disburses it.

  • The Haryana Lok Adalats (Conduct of Proceedings) Rules: prescribe the procedure for Lok Adalats; the award of the Lok Adalat is final and binding on the parties.

  • The Haryana Legal Services Authorities Act, 1987, Section 12: free legal aid is available to persons whose annual income is below the prescribed limit, as notified by the State Government.

Quick reference

Civil Procedure Code, 1908 (pleadings and issues)

  • Order VI Rule 1 CPC: pleadings are statements in writing drawn up and filed by each party, stating the material facts on which he relies and not the evidence by which they are to be proved.

  • Order VI Rule 2: every pleading must contain a statement of material facts, but not the evidence, and must be divided into paragraphs numbered consecutively.

  • Order VIII Rule 1 CPC: the defendant must file a written statement within 30 days from the service of summons; the court may extend the time up to 90 days.

  • Order VIII Rule 6: a defendant may set off against the plaintiff's claim any ascertained sum of money legally recoverable by him from the plaintiff.

  • Order X Rule 1 CPC: the court may examine the parties orally at the first hearing to ascertain the matters in dispute and to clarify the pleadings.

  • Order XIV Rule 1 CPC: issues arise where a material proposition of fact or law is affirmed by one party and denied by the other; the court must frame issues and record reasons.

  • Order XV Rule 1 CPC: where the parties do not appear, or the defendant does not file a written statement, the court may pronounce judgment or proceed ex parte.

Quick reference

Code of Criminal Procedure, 1973 / BNSS (magisterial powers)

  • Section 190 CrPC / Section 210 BNSS: a magistrate may take cognizance of an offence on a complaint, on a police report, or on information received from a person other than a police officer.

  • Section 200 CrPC / Section 223 BNSS: the magistrate must examine the complainant and the witnesses on oath before issuing process; the examination may be dispensed with in certain cases.

  • Section 203 CrPC / Section 226 BNSS: the magistrate may dismiss a complaint if there is no sufficient ground for proceeding, after recording reasons.

  • Section 204 CrPC / Section 227 BNSS: the magistrate may issue a summons or warrant for the attendance of the accused if there is sufficient ground for proceeding.

  • Section 209 CrPC / Section 232 BNSS: when an offence is triable exclusively by the Sessions Court, the magistrate must commit the case to the Sessions Court after complying with the provisions.

  • Section 245 CrPC / Section 280 BNSS: the magistrate may discharge the accused if there is no sufficient ground for proceeding after considering the evidence and the documents.

  • Section 246 CrPC / Section 281 BNSS: if the magistrate finds ground for presuming that the accused has committed an offence, he must frame a charge and proceed to trial.

Quick reference

Indian Penal Code, 1860 / BNS (abetment and conspiracy)

  • Section 107 IPC / Section 45 BNS: abetment includes instigation, conspiracy and intentional aid; the abettor must be a person who engages in the act with the intention of facilitating it.

  • Section 108 IPC / Section 46 BNS: an abettor is a person who abets an offence, whether the offence is committed or not; the abetment of an offence is itself an offence.

  • Section 109 IPC / Section 49 BNS: an abettor is punishable with the punishment provided for the offence abetted if the act abetted is committed; if not committed, the abetment is punishable under Section 116.

  • Section 120A IPC / Section 61 BNS: criminal conspiracy is an agreement between two or more persons to do an illegal act or an act which is not illegal by illegal means.

  • Section 120B IPC / Section 61(2) BNS: conspiracy to commit an offence punishable with death or life imprisonment is punishable with the same punishment; other conspiracies are punishable with imprisonment up to six months.

  • Section 34 IPC / Section 49 BNS: common intention requires a pre-arranged plan and a prior meeting of minds; mere knowledge of the offence is not enough.

  • Section 149 IPC / Section 190 BNS: every member of an unlawful assembly is guilty of an offence committed in prosecution of the common object of the assembly.

Quick reference

Indian Evidence Act, 1872 / BSA (confessions and admissions)

  • Section 24 IEA / Section 22 BSA: a confession is irrelevant if it is caused by an inducement, threat or promise from a person in authority, sufficient to give grounds for hope of benefit or fear of harm.

  • Section 25 IEA / Section 23 BSA: a confession made to a police officer is inadmissible; the bar applies to statements made during investigation.

  • Section 26 IEA / Section 23 BSA: a confession made in police custody is inadmissible unless it is made in the immediate presence of a magistrate.

  • Section 27 IEA / Section 23(2) BSA: so much of the information as relates distinctly to the fact discovered is admissible, even if the information is given in police custody.

  • Section 28 IEA / Section 23 BSA: a confession made after the removal of the inducement, threat or promise is admissible if it is voluntary.

  • Section 30 IEA / Section 27 BSA: a confession made by one accused may be taken into consideration against the other accused in a joint trial, but it is not substantive evidence against him.

  • Section 31 IEA / Section 28 BSA: an admission is not conclusive proof of the matter admitted; it may operate as an estoppel under Section 115 IEA / Section 121 BSA.

Quick reference

Hindu Law and Muslim Law (adoption and maintenance)

  • Hindu Adoptions and Maintenance Act, 1956, Section 6: an adoption is valid if the adoptive father or mother has the capacity, the person adopted is capable of being taken in adoption, and the adoption is made in compliance with the Act.

  • Section 11 HAMA: an adoption is valid if the adoptive father or mother has the capacity, the person adopted is capable, and the adoption is made in compliance with the Act; the ceremony of datta homam is not essential.

  • Section 12 HAMA: an adopted child is deemed to be the child of the adoptive parents for all purposes, and all ties with the natural family are severed.

  • Section 18 HAMA: a Hindu wife is entitled to be maintained by her husband during her lifetime; she may claim maintenance even if she lives separately for a justifiable cause.

  • Section 19 HAMA: a widowed daughter-in-law is entitled to maintenance from her father-in-law if she cannot maintain herself from her own property or her husband's estate.

  • Muslim law: a wife is entitled to maintenance during the subsistence of the marriage; the husband's obligation is not affected by the wife's own income.

  • Muslim law: a divorced wife is entitled to maintenance during the iddat period; the Supreme Court in Shah Bano (1985) held that Section 125 CrPC applies to Muslim women.

Quick reference

Law of Contract and Specific Relief (agency and partnership)

  • 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; the person for whom the act is done is the principal.

  • Section 186: the authority of an agent may be express or implied; an agent has authority to do all acts necessary for the proper exercise of his authority.

  • Section 196: a principal may ratify an act done by a person on his behalf without authority; ratification relates back to the date of the act.

  • Section 201: an agency may be terminated by revocation by the principal, renunciation by the agent, completion of the business, or death or insanity of the principal or agent.

  • Section 226: the principal is bound by the acts of the agent done within the scope of his authority; the agent is not personally liable to third parties if he discloses the principal.

  • Indian Partnership Act, 1932, Section 4: a partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.

  • Indian Partnership Act, Section 25: every partner is jointly and severally liable for all acts of the firm done while he is a partner.

Quick reference

Law of Torts and Consumer Protection (defamation and privacy)

  • Defamation requires a defamatory statement, publication to a third party, and reference to the plaintiff; the statement must tend to lower the plaintiff in the estimation of right-thinking members of society.

  • Truth is a complete defence to a civil action for defamation; in criminal defamation, truth must be shown to be for the public good under Section 499 IPC / Section 356 BNS.

  • Fair comment on a matter of public interest is a defence if the comment is based on true facts and is not malicious.

  • Absolute privilege applies to statements made in Parliament, in judicial proceedings and in communications between spouses; qualified privilege applies to statements made in the discharge of a duty.

  • The right to privacy is a fundamental right under Article 21; the Supreme Court in Puttaswamy (2017) laid down the tests of legality, necessity and proportionality.

  • The Consumer Protection Act, 2019, Section 2(28): 'restrictive trade practice' includes a practice that tends to bring about manipulation of price or conditions of delivery.

  • The Consumer Protection Act, 2019, Section 2(9): 'consumer dispute' means a dispute where the person against whom a complaint has been made denies or disputes the allegations.