TN Civil Judge Exam cheat sheet

Section 9 CPC: a civil court has jurisdiction over all civil suits unless barred expressly or by necessary implication; suits of a purely revenue nature are excluded.

Section 9 CPC read with Order VII Rule 11: rejection of a plaint lies where the plaint discloses no cause of action, is barred by limitation or law, or is under-valued; absence of jurisdiction is a ground of rejection, not a bar to filing.

Section 11 CPC: res judicata bars a second suit on the same cause of action between the same parties or their privies, decided by a competent court on merits; a finding on a pure question of law not essential to the decision does not operate as res judicata.

Order II Rule 2 CPC: a plaintiff who omits to sue for part of a claim arising from the same cause of action cannot sue for the omitted part later; the bar applies only where the earlier suit was for the same cause of action and the relief omitted was available then.

Order VI Rule 17 CPC: amendment of pleadings may be allowed at any stage if it does not cause prejudice that cannot be compensated by costs; an amendment introducing a time-barred claim is refused unless it is not a new cause of action but a clarification.

Section 34 CPC: interest is discretionary; the court may award pendente lite and future interest at a rate it deems reasonable, and the rate is subject to the ceiling fixed under the Interest Act, 1978 and the Usurious Loans Act principles.

Section 100 CPC: second appeal lies only where the case involves a substantial question of law; concurrent findings of fact are not disturbed, and the memorandum must state the substantial question, which the High Court must formulate.

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 and notice to the opposite party within thirty days.

Section 151 CPC: inherent powers are exercisable to secure the ends of justice and to prevent abuse of process, but cannot be used to override express provisions of the Code.

Section 300 IPC: murder requires culpable homicide with any of the four clauses (intention to cause death, intention to cause injury likely to cause death, injury sufficient in the ordinary course to cause death, or knowledge that the act is so imminently dangerous that it must cause death).

Exception 1 to Section 300 IPC: culpable homicide is not murder if the offender, deprived of self-control by grave and sudden provocation, causes the death of the provoker; the provocation must not be sought or voluntarily provoked.

Section 304 IPC: punishment for culpable homicide not amounting to murder is up to ten years and fine where the act is done with intention to cause death or such injury, and up to ten years or fine where done with knowledge.

Section 302 IPC: murder is punishable with death or imprisonment for life and fine; the death penalty is reserved for the rarest of rare cases under the Bachan Singh framework, considering aggravating and mitigating circumstances.

Section 498A IPC: cruelty by husband or relatives of husband includes conduct likely to drive a woman to suicide, grave injury or danger to life, limb or health, and harassment for dowry; punishment is up to three years and fine.

Section 304B IPC: dowry death requires death of a woman within seven years of marriage by burns, bodily injury or otherwise than under normal circumstances, preceded by cruelty or harassment for dowry; minimum punishment is seven years.

Section 161 CrPC: a police officer may examine orally any person supposed to be acquainted with the facts; statements made to police during investigation are not signed and cannot be used as evidence except as provided in Section 162 CrPC.

Section 167 CrPC: a magistrate may authorise detention beyond twenty-four hours only on production of the accused and the case diary; default bail accrues if the investigation is not completed within sixty or ninety days, as applicable.

Section 4 of the Evidence Act: a fact is proved when the court believes it to exist, disproved when it believes it not to exist, and not proved when it neither believes nor disbelieves; the standard in criminal cases is proof beyond reasonable doubt.

Recruitment to the Tamil Nadu State Judicial Service is made by the Tamil Nadu Public Service Commission in accordance with the Tamil Nadu State Judicial Service Rules, 2007, as amended from time to time.

The service comprises categories such as District Judge, Civil Judge (Junior Division), and other posts specified in the rules; appointment to the entry cadre of Civil Judge is by direct recruitment through a competitive examination.

Eligibility for direct recruitment as Civil Judge requires a degree in law from a recognised university and enrolment as an advocate, with the minimum age and any relaxation for reserved categories fixed by the rules and the notification.

The selection process consists of a preliminary examination, a main written examination, and a viva voce; candidates qualifying in the main examination are called for the interview in the ratio prescribed by the Commission.

The preliminary examination is objective and qualifying in nature; marks secured in it are not counted for the final selection, which is based on the main written examination and the viva voce.

The syllabus in the rules covers Civil Law, Criminal Law, the Indian Constitution, the Evidence Act, the Code of Civil Procedure, the Code of Criminal Procedure, and the laws of Tamil Nadu, together with the official language of the State.

Appointment is subject to verification of character and antecedents, medical fitness, and successful completion of the probation period prescribed in the rules; the Government may discharge a probationer for unsatisfactory performance.

Seniority in the service is determined by the date of appointment to the cadre, subject to the rules on inter se seniority and the reservation roster in force for the State services.

Section 9 CPC: a civil court has jurisdiction over all civil suits unless barred expressly or by necessary implication; suits of a purely revenue nature are excluded.

Section 11 CPC: res judicata bars a second suit on the same cause of action between the same parties or their privies, decided by a competent court on merits; a finding on a pure question of law not essential to the decision does not operate as res judicata.

Order II Rule 2 CPC: a plaintiff who omits to sue for part of a claim arising from the same cause of action cannot sue for the omitted part later; the bar applies only where the earlier suit was for the same cause of action and the relief omitted was available then.

Order VI Rule 17 CPC: amendment of pleadings may be allowed at any stage if it does not cause prejudice that cannot be compensated by costs; an amendment introducing a time-barred claim is refused unless it is not a new cause of action but a clarification.

Section 34 CPC: interest is discretionary; the court may award pendente lite and future interest at a rate it deems reasonable, and the rate is subject to the ceiling fixed under the Interest Act, 1978 and the Usurious Loans Act principles.

Section 100 CPC: second appeal lies only where the case involves a substantial question of law; concurrent findings of fact are not disturbed, and the memorandum must state the substantial question, which the High Court must formulate.

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 and notice to the opposite party within thirty days.

Section 151 CPC: inherent powers are exercisable to secure the ends of justice and to prevent abuse of process, but cannot be used to override express provisions of the Code.

Section 300 IPC: murder requires culpable homicide with any of the four clauses (intention to cause death, intention to cause injury likely to cause death, injury sufficient in the ordinary course to cause death, or knowledge that the act is so imminently dangerous that it must cause death).

Exception 1 to Section 300 IPC: culpable homicide is not murder if the offender, deprived of self-control by grave and sudden provocation, causes the death of the provoker; the provocation must not be sought or voluntarily provoked.

Section 304 IPC: punishment for culpable homicide not amounting to murder is up to ten years and fine where the act is done with intention to cause death or such injury, and up to ten years or fine where done with knowledge.

Section 302 IPC: murder is punishable with death or imprisonment for life and fine; the death penalty is reserved for the rarest of rare cases under the Bachan Singh framework, considering aggravating and mitigating circumstances.

Section 498A IPC: cruelty by husband or relatives of husband includes conduct likely to drive a woman to suicide, grave injury or danger to life, limb or health, and harassment for dowry; punishment is up to three years and fine.

Section 304B IPC: dowry death requires death of a woman within seven years of marriage by burns, bodily injury or otherwise than under normal circumstances, preceded by cruelty or harassment for dowry; minimum punishment is seven years.

Section 161 CrPC: a police officer may examine orally any person supposed to be acquainted with the facts; statements made to police during investigation are not signed and cannot be used as evidence except as provided in Section 162 CrPC.

Section 167 CrPC: a magistrate may authorise detention beyond twenty-four hours only on production of the accused and the case diary; default bail accrues if the investigation is not completed within sixty or ninety days, as applicable.

Section 4 of the Evidence Act: a fact is proved when the court believes it to exist, disproved when it believes it not to exist, and not proved when it neither believes nor disbelieves; the standard in criminal cases is proof beyond reasonable doubt.

Recruitment to the Tamil Nadu State Judicial Service is made by the Tamil Nadu Public Service Commission in accordance with the Tamil Nadu State Judicial Service Rules, 2007, as amended from time to time.

The service comprises categories such as District Judge, Civil Judge (Junior Division), and other posts specified in the rules; appointment to the entry cadre of Civil Judge is by direct recruitment through a competitive examination.

Eligibility for direct recruitment as Civil Judge requires a degree in law from a recognised university and enrolment as an advocate, with the minimum age and any relaxation for reserved categories fixed by the rules and the notification.

The selection process consists of a preliminary examination, a main written examination, and a viva voce; candidates qualifying in the main examination are called for the interview in the ratio prescribed by the Commission.

The preliminary examination is objective and qualifying in nature; marks secured in it are not counted for the final selection, which is based on the main written examination and the viva voce.

The syllabus in the rules covers Civil Law, Criminal Law, the Indian Constitution, the Evidence Act, the Code of Civil Procedure, the Code of Criminal Procedure, and the laws of Tamil Nadu, together with the official language of the State.

Appointment is subject to verification of character and antecedents, medical fitness, and successful completion of the probation period prescribed in the rules; the Government may discharge a probationer for unsatisfactory performance.

Seniority in the service is determined by the date of appointment to the cadre, subject to the rules on inter se seniority and the reservation roster in force for the State services.