Karnataka Civil Judge Exam cheat sheet

CPC Order II Rule 2 bars a second suit on the same cause of action; leave of court under Rule 2(3) must be obtained at the time of the first suit.

Order VI Rule 17 amendment is discretionary; proviso bars amendment after trial has commenced unless the court concludes it could not have been raised earlier with due diligence.

Section 9 CPC excludes suits expressly or impliedly barred; Section 9-A (Karnataka amendment) requires the defendant to raise a jurisdictional bar before filing the written statement.

Res judicata under Section 11 requires a former suit decided by a competent court, same parties or privies, same matter directly and substantially in issue, and final decision.

Order XXXIX Rules 1 and 2 grant temporary injunction on prima facie case, irreparable injury, and balance of convenience; Order XXXIX Rule 3 requires reasons in the order.

Section 96 appeal lies from every decree except consent decrees; Section 100 second appeal is confined to substantial questions of law framed at admission.

Limitation: Article 113 of the Limitation Act (three years) is the residuary article; Order VII Rule 11(d) permits rejection where the suit is barred by limitation on the plaint's own averments.

Order VIII Rule 1 (Karnataka amendment) requires the written statement within 30 days, extendable to a maximum of 90 days in the aggregate.

BNS 2023 replaced the IPC; Section 103 BNS corresponds to murder, Section 101 to culpable homicide, and Section 63 to rape.

BNSS 2023 replaced the CrPC; Section 35 BNSS requires a preliminary enquiry for offences punishable with three to seven years, and Section 173 BNSS governs FIR registration.

Section 479 BNSS mandates release of a first-time undertrial who has served one-third of the maximum sentence; the proviso extends this to one-half for others, but never applies to offences punishable with death or life imprisonment.

Section 167 BNSS default bail: charge sheet must be filed within 60 days (offences up to 10 years) or 120 days (offences above 10 years), else the accused is entitled to bail.

Section 161 BNSS statements to police are not signed and are inadmissible except under Section 145 of the Evidence Act for contradiction.

Section 482 BNSS preserves the High Court's inherent power to quash proceedings; quashing is proper where the allegations do not disclose the offence or the complaint is an abuse of process.

Section 125 BNSS (maintenance) now applies to a woman, a child, and parents, and a first information report is not mandatory before filing the maintenance petition.

Private defence under Sections 34 to 38 BNS requires an imminent threat; the right does not extend to inflicting more harm than necessary for defence.

BSA 2023 replaced the Indian Evidence Act; Section 61 BSA is the best evidence rule and Sections 62 to 65 govern secondary evidence.

Section 65B of the old Act (electronic records) is renumbered as Section 63 BSA; a certificate is mandatory for secondary electronic evidence.

Section 25 Evidence Act (now Section 23 BSA) makes a confession to a police officer inadmissible; Section 27 (Section 23(1) BSA) saves only the portion leading to discovery of a fact.

Section 32 BSA (dying declaration) is admissible in any proceeding; the declarant need not be under expectation of death and the statement need not be complete.

Section 114 Evidence Act (Section 119 BSA) permits presumption of regularity; Section 106 BSA places the burden of proving a fact specially within knowledge on that person.

Section 45 BSA permits expert opinion; the opinion is not conclusive and the court must apply its own judgment on the merits.

A child witness's testimony is admissible under Section 118 BSA if the court finds the child understands the questions and can give rational answers; competency is not determined by age alone.

Section 165 BSA gives the judge power to put any question to any witness or party, in any form, at any time, to discover or confirm relevant facts.

Article 12 defines 'State' to include the Government and Parliament of India, State legislatures and governments, local authorities, and other authorities under the control of the Government of India.

Article 13(2) voids laws inconsistent with fundamental rights; Article 13(4) makes constitutional amendments immune from Article 13 challenge, subject to the basic structure doctrine.

Article 14 prohibits class legislation but permits reasonable classification based on intelligible differentia with a rational nexus to the object sought to be achieved.

Article 21 includes the right to a fair trial, legal aid, speedy trial, and the right to be presumed innocent; the Maneka Gandhi test requires procedure to be just, fair and reasonable.

Article 32 and Article 226 are constitutional remedies; Article 32 lies only against the State, while Article 226 is wider and can be issued to any person or authority.

Article 20(3) protects against self-incrimination; Article 20(2) bars double jeopardy; Article 20(1) bars ex post facto criminal laws.

Article 227 gives the High Court superintendence over all courts and tribunals in its territorial jurisdiction, except military tribunals.

Judicial review of administrative action under Article 226 requires exhaustion of alternative remedies as a rule of prudence, not a rigid bar; the court may intervene where there is a violation of natural justice.

Section 128 KLRA requires the Deputy Commissioner to maintain records of rights; the record of rights is a public document and an entry raises a presumption of correctness, rebuttable on evidence.

Section 129 KLRA provides for mutation; a mutation entry only records possession and does not confer or extinguish title.

Section 49 KLRA bars the civil court from deciding questions of title where the land is held by a tenant; such questions must be referred to the Tribunal.

Section 95 KLRA requires the survey of lands and preparation of a record of rights by the survey officer; Section 128(4) allows a person aggrieved to file an appeal before the Deputy Commissioner.

Section 136 KLRA provides for a revision before the Divisional Commissioner against an order of the Deputy Commissioner, and Section 56 provides for revision before the Karnataka Appellate Tribunal.

Section 79A KLRA restricts the transfer of granted land; the grant order and the saguvali chit must specify the condition against transfer, and any transfer in breach is void.

Section 94 KLRA prohibits the unauthorised occupation of government land; eviction is made under Section 94-A, and the Tahsildar is the competent authority for eviction of encroachments.

Section 158 KLRA empowers the Revenue Department to recover land revenue arrears as arrears of land revenue by attachment and sale of the property.

Section 4 KRA exempts certain buildings from the Act, including buildings belonging to the Central or State Government, and buildings whose rent exceeds a notified amount.

Section 21 KRA governs eviction on grounds such as non-payment of rent, sub-letting without consent, and bona fide requirement by the landlord.

Section 27 KRA bars the landlord from cutting off essential supplies, and Section 28 bars the tenant from sub-letting without the landlord's written consent.

Section 34 KRA empowers the court to fix fair rent; Section 35 requires the landlord to give a receipt for rent paid and the tenant to pay rent by the 15th of the month.

Section 43 KRA provides for an appeal to the District Judge against an order of the Rent Controller, and Section 44 for revision before the High Court.

A tenant in default of rent under Section 21(1)(a) may avoid eviction by depositing arrears within the period fixed by the court.

Section 42 KRA bars the civil court's jurisdiction in matters entrusted to the Rent Controller; the Rent Controller is the competent authority for eviction proceedings.

Section 9 KRA requires a landlord to obtain the Rent Controller's permission before filing a suit for eviction, except in cases of bona fide requirement under Section 21(1)(h).

Section 11 KEA empowers the State Government to grant exclusive privilege of manufacture, sale, and supply of liquor and to levy excise duty on it.

Section 13 KEA prohibits the sale of liquor without a licence; the sale of any excisable article without a licence is punishable under Section 32.

Section 32 KEA punishes the manufacture, sale, or possession of excisable articles in contravention of the Act; the minimum sentence is six months' imprisonment and a fine of Rs. 25,000.

Section 43 KEA permits the confiscation of vehicles, vessels, and animals used in the transport of excisable articles in contravention of the Act.

Section 54 KEA provides for an appeal to the Excise Commissioner against an order of the Deputy Commissioner, and Section 56 for revision before the Karnataka Appellate Tribunal.

Section 22 KEA empowers the Excise Commissioner to cancel or suspend a licence for breach of conditions; the order must comply with natural justice.

Section 36 KEA makes the possession of excisable articles beyond the prescribed quantity without a permit an offence; the burden of proof lies on the accused to explain the possession.

Section 63 KEA bars the jurisdiction of the civil court in matters arising under the Act; the Excise Commissioner's decision on questions of fact is final.

Section 2 KPEIA defines 'exorbitant interest' as interest exceeding the rate notified by the State Government or, in the absence of a notification, exceeding the rate fixed by the court.

Section 3 KPEIA prohibits the charging or recovery of exorbitant interest; a transaction charging such interest is void to the extent of the excess.

Section 4 KPEIA makes the charging of exorbitant interest a punishable offence with imprisonment up to one year or a fine up to Rs. 10,000, or both.

Section 5 KPEIA empowers the court to reopen a transaction and relieve the debtor from payment of exorbitant interest; the court may also order refund of excess interest already paid.

Section 6 KPEIA requires the creditor to furnish a statement of accounts and to give a receipt for every payment; non-compliance attracts a penalty.

Section 7 KPEIA bars the civil court from entertaining a suit for recovery of exorbitant interest; the debtor may file a complaint before the competent authority.

Section 8 KPEIA provides that the Act overrides any other law or contract inconsistent with it; a contract term charging exorbitant interest is unenforceable.

Section 9 KPEIA empowers the State Government to notify the maximum rate of interest for different classes of transactions by notification in the Official Gazette.

Section 2 KPA defines 'police officer' to include a member of the State Police Force and a special police officer appointed under the Act.

Section 21 KPA empowers the State Government to appoint a Director General and Inspector General of Police and to constitute police districts under Section 22.

Section 31 KPA empowers a police officer to arrest without a warrant a person committing an offence in his presence, subject to the restrictions in the BNSS.

Section 63 KPA requires a police officer to maintain a general diary and to record the substance of every information relating to the commission of a cognizable offence.

Section 84 KPA prohibits the unauthorised use of police uniforms and badges; Section 85 punishes the making of false complaints to the police.

Section 92 KPA empowers the Commissioner or District Magistrate to make orders for the preservation of public order and to prohibit unlawful assemblies.

Section 105 KPA provides for an appeal to the State Government against an order of the Commissioner or District Magistrate; the appellate authority may stay the order.

Section 132 KPA bars a suit against a police officer for acts done in good faith under the Act; the protection does not extend to acts done with malice.

Section 2 KA of the Karnataka Municipalities Act defines 'municipal area' and 'municipal council'; Section 3 empowers the State Government to constitute a municipal council for a transitional area.

Section 42 KMA requires the municipal council to hold a meeting at least once a month; Section 47 provides for the election of the President and Vice-President.

Section 187 KMA empowers the municipal council to levy property tax, water tax, and other taxes within the limits prescribed by the State Government.

Section 256 KMA bars the civil court from entertaining a suit challenging the validity of a tax levied under the Act; the remedy lies in appeal under Section 255.

Section 4 of the Karnataka Panchayat Raj Act, 1993 constitutes a Gram Panchayat for a village; Section 5 provides for its composition.

Section 58 of the Karnataka Panchayat Raj Act, 1993 empowers the Gram Panchayat to levy taxes and fees; Section 61 requires the preparation of an annual budget.

Section 306 of the Karnataka Panchayat Raj Act, 1993 bars the civil court's jurisdiction in matters arising under the Act; the remedy lies in appeal before the prescribed authority.

Section 269 of the Karnataka Panchayat Raj Act, 1993 empowers the State Government to dissolve a Panchayat for failure to perform its duties or for abuse of power, after giving a reasonable opportunity of being heard.

Section 4 KTCPA empowers the State Government to declare a local planning area and to constitute a Planning Authority under Section 4-A.

Section 9 KTCPA requires the Planning Authority to prepare a master plan within two years of its constitution; the master plan must be revised at least once in ten years under Section 25.

Section 13 KTCPA requires the Planning Authority to publish the master plan for public inspection and to invite objections; Section 14 provides for a public hearing.

Section 17 KTCPA empowers the State Government to sanction the master plan; the sanction may be with or without modifications.

Section 14-A KTCPA requires the Planning Authority to prepare a comprehensive development plan and a town planning scheme for the area covered by the master plan.

Section 32 KTCPA prohibits the development of land without the permission of the Planning Authority; Section 33 empowers the Authority to revoke a permission obtained by misrepresentation.

Section 34 KTCPA empowers the Planning Authority to acquire land for the implementation of a town planning scheme; the acquisition is governed by the Land Acquisition Act, 2013.

Section 76 KTCPA bars the civil court from entertaining a suit challenging an order of the Planning Authority; the remedy lies in appeal before the State Government under Section 75.

Order VI Rule 1 CPC requires pleadings to contain a concise statement of material facts, not evidence; Order VI Rule 2 requires the pleading to be divided into paragraphs, numbered consecutively.

Order VII Rule 1 CPC prescribes the contents of a plaint, including the name of the court, the cause of action, the relief claimed, and the valuation of the suit.

Order VIII Rule 1 CPC requires the written statement to be filed within 30 days; Order VIII Rule 3 requires the defendant to deal specifically with each allegation of fact.

Order VI Rule 15 requires every pleading to be verified by the party or a person acquainted with the facts; a defective verification is curable under Section 153 CPC.

Order XX Rule 1 CPC requires the judgment to contain a concise statement of the case, the points for determination, the decision, and the reasons for the decision.

Order XX Rule 4 requires the judgment to be pronounced in open court, and Order XX Rule 6 requires the decree to be drawn up in accordance with the judgment.

A criminal judgment under Section 354 BNSS must contain the point for determination, the decision, and the reasons; it must be in the language of the court or English.

A plaint must state the cause of action and the jurisdiction of the court; a plaint that does not disclose a cause of action is liable to rejection under Order VII Rule 11(a).