Jharkhand Civil Judge (JPSC) cheat sheet
Jharkhand Civil Judge (JPSC) · Keep the key ideas within reach.
Civil Law
CPC Section 9: civil courts have jurisdiction over all civil suits unless barred expressly or by necessary implication; jurisdiction cannot be conferred by consent.
CPC Order II Rule 2: a suit must include the whole claim arising from one cause of action; a portion relinquished without leave cannot be sued on later.
CPC Order VIII Rule 6: a defendant must plead a set-off in the written statement; Order VIII Rule 6A permits a counterclaim in the same suit.
CPC Section 11: res judicata bars a second suit when the matter was directly and substantially in issue, the parties were the same, and the former court was competent.
Transfer of Property Act Section 54: sale of tangible immovable property worth ₹100 or more requires a registered instrument; below ₹100, delivery of possession may complete the sale.
Specific Relief Act Section 10: specific performance is a mandatory relief for breach of contract, subject to the Act's exceptions; Section 14 lists contracts that cannot be specifically enforced.
Limitation Act Article 54: a suit for specific performance must be filed within three years from the date fixed for performance or from notice of refusal.
Hindu Marriage Act Section 13B: mutual-consent divorce requires one year of separation, mutual consent, and a finding that consent was not obtained by force, fraud, or undue influence.
Indian Contract Act Section 56: an agreement to do an impossible act is void; subsequent impossibility or unlawfulness discharges a contract if the event is beyond the promisor's control.
Criminal Law
IPC Section 300 defines murder; if any of the five exceptions applies, the offence is culpable homicide not amounting to murder under Section 304.
IPC Section 34 requires common intention and a prior meeting of minds; Section 149 requires membership of an unlawful assembly and a common object.
IPC Sections 82-83: a child under seven is immune from criminal liability; a child aged seven to twelve is immune if maturity of understanding is absent.
IPC Sections 76-79 protect acts done under mistake of fact, lawful authority, or necessity; mistake of law is generally no defence.
IPC Section 304B: dowry death within seven years of marriage attracts a presumption when the woman died unnaturally and was subjected to dowry cruelty.
The Bharatiya Nyaya Sanhita, 2023 replaced the IPC with effect from 1 July 2024; offences committed before that date continue to be tried under the IPC.
POCSO Act Section 19 makes reporting of a child sexual offence mandatory for any person who knows or apprehends it; Section 21 punishes failure to report.
Juvenile Justice Act 2015 treats a person below eighteen as a child in conflict with law; a Juvenile Justice Board conducts inquiry, not a regular criminal trial.
IPC Section 498A punishes cruelty by a husband or relatives; the offence is cognizable, non-bailable, and non-compoundable.
Law of Evidence and Procedure
The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act 1872 from 1 July 2024; Section 63 prescribes the certificate for admissibility of electronic records.
Evidence Act Section 101: the burden of proof lies on the person who desires the court to give judgment on a right or liability dependent on facts.
Evidence Act Section 32(1): a dying declaration about the cause of death is relevant when the declarant is dead; corroboration is not legally mandatory.
Evidence Act Section 27: information from an accused in custody is admissible only to the extent it distinctly relates to a fact discovered in consequence.
CrPC Section 154: information about a cognizable offence must be recorded and registered as an FIR; refusal can be challenged under Section 156(3) before a Magistrate.
CrPC Section 162: statements to police during investigation are not signed and cannot be used as substantive evidence, except for impeachment or under Section 27.
CPC Order VI Rule 17: amendment of pleadings is allowed at any stage, but after trial begins leave is refused if it prejudices the other side or lacks due diligence.
CPC Order XXXIX Rules 1-2: a temporary injunction requires a prima facie case, irreparable injury, and balance of convenience.
Language Papers (Hindi and English)
Hindi स्वर संधि: अ/आ + उ/ऊ = ओ; उदाहरण सूर्य + उदय = सूर्योदय (गुण संधि).
Hindi समास: द्वंद्व, तत्पुरुष, बहुव्रीहि, कर्मधारय, द्विगु और अव्ययीभाव छह प्रमुख भेद हैं।
Hindi कारक: कर्ता, कर्म, करण, संप्रदान, अपादान, संबंध, अधिकरण और संबोधन - आठ कारक चिह्न होते हैं।
Hindi वाच्य: कर्तृवाच्य में कर्ता प्रधान, कर्मवाच्य में कर्म प्रधान, और भाववाच्य में क्रिया का भाव प्रधान होता है।
English concord: 'one of + plural noun' takes a singular verb; 'each' and 'every' also take singular verbs.
English passive: only transitive verbs can be made passive; the active object becomes the passive subject and the main verb becomes a past participle.
Direct-indirect: present simple usually becomes past simple; 'this' becomes 'that' and 'now' becomes 'then' in reported speech.
Legal translation: वादपत्र = plaint, प्रतिवादपत्र = written statement, अभिवचन = pleading, न्यायालय = court.
Precis: a precis conventionally retains the central idea in about one-third of the original length and omits examples and repetition.
General Studies
Jharkhand became the 28th state on 15 November 2000 under the Bihar Reorganisation Act, 2000; Ranchi is the capital.
Jharkhand has 24 districts and five divisions: North Chotanagpur, South Chotanagpur, Palamu, Kolhan and Santhal Pargana.
Parasnath in Giridih district is Jharkhand's highest peak and an important Jain pilgrimage centre.
The Santhal is Jharkhand's largest tribe; Munda, Oraon, Ho and Kharia are other major tribal communities.
The Jharkhand High Court was established at Ranchi on 15 November 2000, the day the state was formed.
Major Jharkhand rivers include the Damodar, Subarnarekha, North Koel, South Koel and Barakar.
Jharkhand is a major producer of coal, iron ore, copper and mica; Jamshedpur and Bokaro are steel centres.
The Bharatiya Nyaya Sanhita, BNSS and BSA came into force on 1 July 2024, replacing the IPC, CrPC and Evidence Act.