Kerala Munsiff-Magistrate cheat sheet

Section 9 CPC: civil courts try all suits of a civil nature except those expressly or impliedly barred; a suit for a caste or religious right is barred under the Explanation.

Order II Rule 2 CPC: a plaintiff must include the whole claim; a later suit for a portion omitted is barred, but a relinquished portion may be sued for with leave of court.

Res judicata (s.11) needs a former suit decided on merits by a competent court between the same parties litigating the same matter under the same title.

Order VI Rule 17 CPC: amendment of pleadings is allowed at any stage; after trial begins, only if the court finds the amendment necessary to decide the real question in controversy and it cannot prejudice the other side.

Limitation Act: Article 136 gives 12 years for execution of a decree; Article 65 gives 12 years for a suit for possession of immovable property based on title.

Section 5 Limitation Act allows condonation of delay on sufficient cause; Section 14 excludes time spent bona fide in a court without jurisdiction.

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

Section 115 CPC: High Court revision lies against a subordinate court order where no appeal lies, if the order is without jurisdiction or has caused material irregularity.

BNS Section 103 corresponds to IPC Section 302 (murder); BNS Section 100 corresponds to IPC Section 300 (culpable homicide and murder definitions).

IPC Section 300 exceptions: grave and sudden provocation, exceeding right of private defence, public servant exceeding lawful powers, sudden fight without premeditation, and consent of a person above 18.

IPC Section 304: culpable homicide not amounting to murder, punishable with life imprisonment or up to 10 years and fine; Part I applies to acts with intention, Part II to acts with knowledge.

Theft (IPC s.378) requires dishonest intention to take movable property out of the possession of another without consent; extortion (s.383) involves putting a person in fear of injury to deliver property.

Cheating (IPC s.415) requires deception inducing a person to deliver property or consent to retention of property; criminal breach of trust (s.405) requires entrustment and dishonest misappropriation.

Murder under IPC Section 302 carries death or life imprisonment and fine; culpable homicide under s.304 Part II carries up to 10 years, life, or fine.

IPC Section 498A: cruelty by husband or relatives, punishable with up to 3 years and fine; BNS Section 85 retains the corresponding provision.

The BNS came into force on 1 July 2024, replacing the IPC; offences committed before that date continue to be tried under the IPC.

Section 154 CrPC (now Section 173 BNSS): an FIR can be registered for a cognizable offence; Section 161 CrPC statements to police are not signed and cannot be used as evidence except under Section 145 of the Evidence Act.

Section 167 CrPC: a magistrate may authorise detention for 15 days at a time; total detention before charge-sheet cannot exceed 90 days (offences punishable with death, life or 10 years) or 60 days for other offences.

Section 173(2) CrPC: a police report on completion of investigation; a magistrate may take cognizance under Section 190 CrPC (now Section 210 BNSS).

Section 437 CrPC governs bail in non-bailable offences by a magistrate; Section 439 CrPC gives the Sessions Court and High Court power to grant bail.

Section 125 CrPC (now Section 144 BNSS) provides maintenance for wives, children and parents unable to maintain themselves; it is a summary remedy independent of personal law.

Evidence Act Section 3: 'proved' means the court believes it to exist; 'disproved' means it believes it does not exist; 'not proved' means it is neither proved nor disproved.

Evidence Act Section 32: statements of a person who is dead or cannot be found are relevant as dying declarations, statements against interest, or statements in the course of business.

Bharatiya Sakshya Adhiniyam, 2023 replaced the Evidence Act from 1 July 2024 and admits electronic records as primary evidence under Section 57.

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

Section 2(d): consideration means an act, abstinence or promise done at the desire of the promisor; it may move from a third party (s.2(d) Explanation 2).

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

Section 56: an agreement to do an impossible act is void; the doctrine of frustration discharges a contract when performance becomes impossible or unlawful after formation.

Section 73: damages for breach are compensation for loss naturally arising in the usual course of things or loss the parties knew of at the time of contract; remote loss is not recoverable.

Section 74: where a sum is named as payable on breach, the court may award reasonable compensation not exceeding that sum; a penalty clause is not enforced as such.

Specific Relief Act Section 10: specific performance is the rule for contracts; Section 14 lists contracts not specifically enforceable, including contracts of personal service and contracts requiring continuous supervision.

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

Section 54 TPA: sale of immovable property of value Rs.100 or more requires a registered instrument; sale is a transfer of ownership for a price.

Section 58 TPA: mortgage types are simple, conditional sale, usufructuary, English, and anomalous; a mortgage by deposit of title deeds requires delivery of documents in a notified town.

Section 53A TPA: the doctrine of part performance protects a transferee in possession under a written contract who has performed his part, even if the sale deed is not registered.

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

Section 106 TPA: a lease of immovable property for agriculture or manufacturing is deemed from year to year, and other leases from month to month; notice to quit must be given as required.

Section 108 TPA: rights and liabilities of lessor and lessee, including the lessee's right to make necessary repairs and the lessor's obligation to give quiet enjoyment.

Easements Act Section 4: an easement is a right to use or enjoy land not one's own for the beneficial enjoyment of one's own land; dominant and servient heritage are defined in Section 4.

Easements Act Section 13: an easement may be acquired by grant, by prescription (20 years under Section 15), or by custom; Section 41 extinguishes it on cessation of the purpose.

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

Hindu Marriage Act Section 13: divorce grounds include adultery, cruelty, desertion for two years, conversion, unsoundness of mind, and leprosy; Section 13B provides divorce by mutual consent.

Hindu Succession Act Section 6 (as amended in 2005): a daughter is a coparcener by birth with the same rights and liabilities as a son in coparcenary property.

Hindu Succession Act Section 8: the property of a male Hindu dying intestate devolves first on Class I heirs (widow, son, daughter, mother), then Class II, then agnates, then cognates.

Muslim law: marriage (nikah) is a civil contract requiring offer and acceptance in the presence of witnesses; the husband pays mahr, which may be prompt or deferred.

Muslim divorce: talaq may be ahsan (single revocable), hasan (three successive) or badai (three in one sitting); khula is divorce at the wife's instance with consideration.

Muslim law of succession: a son takes double the share of a daughter; the widow takes one-eighth where there are children and one-fourth where there are none.

Muslim personal law is not codified; the Muslim Personal Law (Shariat) Application Act, 1937 governs succession and marriage for Muslims in India.

Article 14: equality before the law and equal protection of the laws; reasonable classification is permitted if it has a rational nexus to the object of the law.

Article 21: protection of life and personal liberty, expanded to include privacy (Puttaswamy, 2017), dignity, livelihood, health and a clean environment.

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

Article 44: the State shall endeavour to secure a uniform civil code throughout the territory of India; it is a directive principle, not enforceable in court.

Article 368: amendment procedure requires a special majority in each House; amendments affecting federal provisions also need ratification by half the State legislatures.

Basic structure doctrine (Kesavananda Bharati, 1973): Parliament cannot amend the Constitution so as to destroy its basic features such as supremacy, secularism, separation of powers and judicial review.

Article 50: separation of the judiciary from the executive in the public services of the State.

Article 39A: equal justice and free legal aid; Article 22 guarantees protection against arrest and detention, including production before a magistrate within 24 hours.

Negligence requires a duty of care, a breach of that duty, causation and damage; the standard is that of a reasonable person, and res ipsa loquitur shifts the burden where the thing speaks for itself.

Vicarious liability: a master is liable for the torts of a servant committed in the course of employment, but not for the acts of an independent contractor save in non-delegable duties.

Strict liability (Rylands v. Fletcher) applies to escape of a dangerous thing brought onto land in the course of a non-natural use; absolute liability applies to hazardous industries.

Defamation requires a defamatory statement, publication to a third party, and injury to reputation; truth is a defence, as are fair comment and absolute or qualified privilege.

Consumer Protection Act, 2019 defines a consumer as a person who buys goods or hires services for consideration, excluding commercial purpose; e-commerce transactions are covered.

The 2019 Act created the Central Consumer Protection Authority (CCPA) with powers of investigation, recall and penalty for misleading advertisements.

Jurisdiction under the 2019 Act: District Commission up to Rs.50 lakh, State Commission from Rs.50 lakh to Rs.2 crore, and National Commission above Rs.2 crore.

A complaint must be filed within two years from the date of the cause of action; the Commission may condone delay on sufficient cause.

Section 2(h) Indian Succession Act: a will is the legal declaration of the intention of a testator with respect to his property, which he desires to take effect after his death.

Section 63: a will must be in writing, signed by the testator, and attested by at least two witnesses who each saw the testator sign or saw another witness sign.

Section 68 of the Evidence Act: at least one attesting witness must be called to prove a will when it is required by law to be attested.

Section 211: the executor or administrator is the legal representative of the deceased and has the same powers over the estate as the deceased had.

Section 264: the District Judge has jurisdiction to grant probate or letters of administration; Section 276 prescribes the petition, and Section 278 the form of the grant.

Section 222: probate can be granted only to an executor appointed by the will; letters of administration are granted to heirs or other persons where there is no executor.

Section 213: probate is necessary for a will made by a Hindu, Buddhist, Sikh or Jain in the territories of the former Presidency towns of Calcutta, Bombay and Madras.

Section 5 of the Kerala Court Fees and Suits Valuation Act fixes the fee for probate at a percentage of the value of the estate, subject to the statutory maximum.

Kerala Land Reforms Act, 1963: Section 2(57) defines 'tenant' as a person who holds land and pays rent; Section 72 provides for vesting of excess land in the Government.

Kerala Land Reforms Act Section 82: the ceiling area is 15 acres of irrigated land, 30 acres of dry land, and 45 acres of other land for a family, with additional allowances for members.

Kerala Land Reforms Act Section 75: a kudikidappukaran (hutment dweller) has a right to purchase the land and dwelling; the value is fixed under Section 80A.

Kerala Buildings (Lease and Rent Control) Act, 1965: Section 11 provides grounds for eviction, including non-payment of rent, subletting, and bona fide need of the landlord.

Kerala Rent Control Act Section 11(3): eviction for the landlord's bona fide need requires proof of need and that the landlord has no other building; the tenant may resist on the ground of hardship under the proviso.

Kerala Court Fees and Suits Valuation Act Section 22: in a suit for declaration with consequential relief, court fee is computed on the value of the relief sought.

Kerala Court Fees Act Section 27: in a suit for injunction, fee is payable on the value of the subject matter or at the rate prescribed, subject to the statutory minimum.

Kerala Court Fees Act Section 4: court fee is payable on the plaint at the time of institution; Section 5 provides for payment of fee in probate and letters of administration.

Ratio decidendi is the legal principle on which a decision rests and binds lower courts; obiter dicta are observations by the way and are persuasive, not binding.

A precedent is binding only when the facts are materially similar; a decision per incuriam or sub silentio has weakened authority.

In statutory interpretation, the literal rule applies the plain meaning; the golden rule departs from plain meaning to avoid absurdity; the mischief rule examines the defect the statute was meant to remedy.

Expressio unius est exclusio alterius: express mention of one thing excludes others; ejusdem generis: general words following specific words take their colour from those specific words.

Noscitur a sociis: a word takes its meaning from the words associated with it; ut res magis valeat quam pereat: prefer an interpretation that gives effect to the provision.

A legal argument must identify the issue, the applicable rule, its application to the facts, and the conclusion; this IRAC structure is the standard for reasoning.

In a chain of reasoning, distinguish ratio from dictum, distinguish facts, and test whether the conclusion follows necessarily or only probably.

Presumptions: a presumption of law shifts the burden of proof; a presumption of fact is an inference drawn from proved facts and is rebuttable.

Order XX Rule 1 CPC: a judgment must contain a concise statement of the case, the points for determination, the decision on each point, and the reasons for the decision.

Order XX Rule 3 CPC: the judgment must be pronounced in open court, and the decree must follow the judgment and bear the date of the judgment.

Order XX Rule 4 CPC: judgments must state the relief granted and the costs; Order XX Rule 6 requires the decree to specify the amount and the parties.

A criminal judgment under Section 354 CrPC must contain the points for determination, the decision and the reasons, and must specify the offence and the sentence.

Section 235 CrPC: after trial, the judge must acquit or convict and, on conviction, hear the accused on sentence before passing sentence.

A plaint under Order VII Rule 1 CPC must state the name and description of the parties, the cause of action, the jurisdiction, the relief claimed and the valuation.

A written statement under Order VIII Rule 1 CPC must be filed within 30 days of service of summons, extendable up to 90 days on sufficient cause.

A petition for probate must state the testator's death, the will, the petitioner's interest, and the absence of any caveat; a caveat converts the proceeding into a contentious suit.

Kerala High Court was established in 1956 with its seat at Ernakulam; the Supreme Court of India was established on 26 January 1950.

The Constitution of India was adopted on 26 November 1949 and came into force on 26 January 1950; Dr. B.R. Ambedkar chaired the Drafting Committee.

Kerala has 14 districts and 140 Legislative Assembly constituencies; the High Court of Kerala has a sanctioned strength of judges fixed by statute.

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam received assent in December 2023 and came into force on 1 July 2024.

Simple interest = Principal x Rate x Time / 100; compound amount = P(1 + R/100)^n; profit percentage = (SP - CP)/CP x 100.

Average = sum of observations / number of observations; percentage change = (new value - old value)/old value x 100.

In a series, identify the pattern of differences or ratios; for seating arrangement, fix one anchor position and arrange others relative to it.

Syllogism: 'All A are B' and 'All B are C' implies 'All A are C'; 'Some A are B' does not imply 'Some B are not A'.