WBJS Civil Judge Exam cheat sheet

Contract Act s.10: an enforceable agreement requires offer, acceptance, lawful consideration, capacity, free consent, lawful object, and no express legal bar; consideration may be supplied by a third party.

Contract Act s.56: frustration discharges a contract when performance becomes impossible or unlawful due to an event beyond the parties' control; self-induced impossibility does not qualify.

Contract Act s.73: compensatory damages restore the promisee to the position had the contract been performed, limited to losses naturally arising or in the parties' contemplation; s.74 permits reasonable compensation, not an automatic penalty.

Tort negligence requires duty, breach, factual and legal causation, and damage; contributory negligence reduces damages, while volenti non fit injuria is a complete defence.

Rylands v Fletcher strict liability applies to escape of dangerous things from non-natural use; M.C. Mehta absolute liability for hazardous enterprises admits no exceptions such as act of God.

Transfer of Property Act s.54: sale of tangible immovable property worth Rs.100 or more requires a registered instrument; delivery of possession alone does not transfer title.

Transfer of Property Act s.53A protects a transferee in possession under an unregistered contract against the transferor, not against a bona fide transferee for value without notice.

Indian Easements Act: an easement is a right over another's land for beneficial enjoyment; prescription requires 20 years' peaceable, open, and as-of-right user.

Specific Relief Act s.10: specific performance is the ordinary relief for an enforceable contract; s.14 lists contracts not specifically enforceable, and s.16 bars relief for personal default.

The Bharatiya Nyaya Sanhita, 2023 replaces the Indian Penal Code, 1860; culpable homicide is s.100 BNS and murder is s.101 BNS, with punishment for murder under s.103.

Private defence under BNS ss.34-44 requires a reasonable apprehension of harm; the force must be necessary and proportionate and is unavailable against lawful acts or after the threat ends.

Theft under BNS s.303 requires dishonest intention to take movable property out of another's possession without consent; extortion s.308 requires induced fear, and robbery combines either offence with force or fear of instant harm.

Dacoity is robbery committed by five or more persons; mere assembly or preparation may attract unlawful assembly or conspiracy, not completed dacoity.

Criminal breach of trust under BNS s.316 requires entrustment and dishonest misappropriation; cheating under s.318 requires a deceptive inducement causing delivery of property.

General exceptions include mistake of fact, unsoundness of mind, involuntary intoxication, necessity, consent, and infancy; they negate mens rea or make the act non-offence.

Attempt is punishable only where a provision expressly punishes it; preparation is generally not punishable unless it is itself an offence such as conspiracy or possession of tools.

Abetment requires instigation, conspiracy, or intentional aid; a person may abet an offence without being present, and the abettor is liable if the act abetted is committed in consequence.

For culpable homicide not amounting to murder, BNS s.101 exceptions include sudden provocation, exceeding private defence, and consent; the burden of proving an exception generally lies on the accused.

The Indian Evidence Act, 1872 is replaced by the Bharatiya Sakshya Adhiniyam, 2023; rules on relevancy, burden, confessions, expert evidence, and presumptions continue in substance.

A dying declaration is admissible under s.32 of the Evidence Act/BSA without oath or cross-examination if the declarant was conscious of death; it must be coherent and can be the sole basis for conviction after scrutiny.

Confession to a police officer is inadmissible under s.25 of the Evidence Act; s.27 permits so much of the information as distinctly leads to discovery of a fact, not the entire confession.

Burden of proof lies on the party asserting a fact; ss.101-104 of the Evidence Act allocate burden, and s.106 places it on a person with special knowledge of the facts.

Electronic records require a certificate under s.65B of the Evidence Act/s.63 BSA for admissibility; a mere printout without certification is generally inadmissible.

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaces the CrPC; an FIR for a cognizable offence is recorded under s.173 BNSS, and a zero FIR may be registered at any police station and transferred.

Arrest without warrant generally requires notice under s.35 BNSS for offences punishable up to seven years; an arrested person must be produced before a Magistrate within 24 hours excluding travel time.

Default bail arises if investigation is not completed within 60 or 90 days, as applicable; the accused may apply for release if the charge sheet is not filed within that period.

A Magistrate may order police or judicial custody remand; police custody remand after the first 15 days is not permissible, and remand orders must record reasons.

CPC s.9 gives civil courts jurisdiction over civil suits unless expressly or impliedly barred; revenue and criminal matters are outside unless a statute confers jurisdiction.

CPC s.10 stays a suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties; s.11 res judicata bars a fresh suit on the same matter.

Order II r.2 requires a plaintiff to include the whole claim arising from one cause of action; omission bars a later suit unless leave is obtained.

Order VII r.11 permits rejection of a plaint for want of cause of action, undervaluation, insufficient court fee, or a suit barred by limitation; Order VIII r.1 sets 30 days for a written statement, extendable up to 90 days.

Order IX: dismissal for default may be restored under r.9; an ex parte decree may be set aside under r.13 on sufficient cause, subject to limitation.

Order XXXIX rr.1-2 grant a temporary injunction on prima facie case, irreparable injury, and balance of convenience; r.3 requires reasons and r.4 permits discharge or variation.

CPC s.96 provides appeal from decrees; s.100 second appeal lies only on a substantial question of law framed at admission; s.115 revision is discretionary and not a substitute for appeal.

Execution under Order XXI implements a decree; objections under s.47 are decided by the executing court, and s.60 exempts certain properties from attachment.

CPC s.80 requires two months' notice before suing the government or a public officer for acts done in official capacity, except urgent relief under s.80(2).

Limitation Act, 1963 s.3 requires a court to dismiss a suit, appeal, or application barred by the Schedule even if limitation is not pleaded; s.5 condonation applies to appeals and applications, not suits.

Limitation Act s.6 extends time for a minor or person of unsound mind until the disability ceases or death, subject to the Schedule; s.14 excludes time spent in a bona fide wrong court without jurisdiction.

Limitation Act s.18: a written acknowledgment of liability signed before expiry of limitation renews the period from the date of acknowledgment; it must be clear and unconditional.

Limitation Act s.19: part payment of a debt or interest on the principal can renew limitation if made before expiry and acknowledged in writing or signed.

For immovable property, a suit for possession based on title is generally governed by 12 years under Article 65; adverse possession requires open, continuous, hostile, and exclusive possession for the statutory period.

A suit for redemption of a mortgage is generally governed by 30 years under Article 61; s.27 extinguishes the mortgagor's right when the mortgagee's possession becomes adverse for the limitation period.

Execution of a decree is generally barred after 12 years from the date of the decree, unless a fresh acknowledgment or a step in aid extends it.

Limitation for a civil appeal to a High Court is 90 days and to other courts 30 days from the decree; the period for obtaining a certified copy is excluded under s.12.

The Limitation Act generally does not bar criminal prosecutions; it applies to civil suits, appeals, and applications, subject to special statutes.

Registration Act s.17 makes registration compulsory for gifts of immovable property, non-testamentary instruments creating or declaring rights in immovable property worth Rs.100 or more, and leases exceeding one year.

Registration Act s.49: an unregistered document required to be registered cannot affect immovable property or be received as evidence of the transaction; it may be used for collateral purposes such as proving possession.

A document may be presented for registration within four months of execution under s.23; s.25 allows extension on payment of fine, and s.34 deals with delay in appearance.

Registration Act s.60 endorsement by the registering officer certifies execution and registration; s.71 refusal requires reasons, and an appeal lies to the registrar under s.72 and then to the civil court under s.75.

Court fees in West Bengal are governed by the Court-fees Act, 1870 as adapted; plaints in money suits bear ad valorem fee on the value of the claim.

Fixed court fee is generally payable for declaratory and injunction suits under Schedule II; insufficient court fee can lead to rejection of the plaint under Order VII r.11 CPC.

A suit for partition and separate possession attracts court fee on the plaintiff's share of the property value, not necessarily on the entire estate.

Deficient court fee does not destroy jurisdiction but may bar further prosecution of the suit until the deficit is made good; the court may grant time to pay.

Registration of a document is not a substitute for validity: a void document remains void, and registration does not cure fraud, forgery, or lack of authority.

Article 12 defines 'State' for fundamental rights to include government, Parliament, state legislatures, local authorities, and other authorities within Indian territory.

Article 13 renders pre-constitutional laws inconsistent with fundamental rights void; post-constitutional laws violating Part III are void to the extent of inconsistency.

Article 14 forbids class legislation but permits reasonable classification with intelligible differentia and rational nexus to the object; arbitrariness violates equality.

Article 21 protects life and personal liberty; procedural fairness, privacy, dignity, and speedy trial have been read into it, and deprivation must follow just, fair, and reasonable procedure.

Articles 32 and 226 empower the Supreme Court and High Courts to issue writs of habeas corpus, mandamus, prohibition, certiorari, and quo warranto; Article 226 is wider than Article 32.

Article 254: if a state law conflicts with a central law on a concurrent subject, the central law prevails unless the state law received presidential assent and operates in the state.

Natural justice requires audi alteram partem and nemo judex in causa sua; administrative orders affecting rights must be reasoned and based on relevant material.

Article 311 protects civil servants from dismissal or removal by an authority subordinate to the appointing authority or without an inquiry, except in specified circumstances.

Judicial review of administrative action examines legality, rationality, and procedural propriety, not the merits of the decision; Article 136 special leave is discretionary.

Indian Partnership Act, 1932: a partnership is a relation between persons who agree to share profits of a business carried on by all or any acting for all; registration is optional but s.69 bars unregistered firms from certain suits.

A minor may be admitted to the benefits of partnership with consent; the minor's share is liable, but personal liability arises only if the minor elects to become a partner after majority.

Sale of Goods Act, 1930: a condition is essential to the main purpose and its breach permits rejection; a warranty is collateral and its breach gives damages only.

Sale of Goods Act s.16 codifies caveat emptor, subject to exceptions such as fitness for purpose made known, merchantable quality, and sale by description.

An unpaid seller has rights of lien, stoppage in transit, and resale; these are rights against the goods, while the right to sue for price is a personal remedy.

Negotiable Instruments Act, 1881: a holder in due course takes an instrument in good faith for value before maturity and without notice of defect, and gets a clean title.

Cheque dishonour under s.138 NI Act requires presentation within validity, written demand within 30 days of receipt of the memo, and a complaint within one month of the cause of action.

Companies Act, 2013: incorporation creates a separate legal entity; directors owe fiduciary duties, and the corporate veil may be lifted for fraud or tax evasion.

A private company restricts transfer of shares and limits members to 200; a public company may invite public subscription and must comply with SEBI and listing rules.

Hindu Marriage Act, 1955 s.5: a valid marriage requires neither party having a living spouse, mental capacity, age 21 for the groom and 18 for the bride, and no prohibited relationship unless custom permits.

Hindu Marriage Act s.13 lists fault grounds including adultery, cruelty, desertion for two years, conversion, unsoundness, and venereal disease; s.13B permits divorce by mutual consent after separation for one year.

Hindu Succession Act, 1956: Class I heirs include widow, son, daughter, mother, and specified descendants; a daughter is a coparcener by birth after the 2005 amendment.

Muslim marriage (nikah) is a civil contract requiring offer and acceptance in the presence of witnesses and without legal impediment; dower (mahr) is a mandatory right of the wife.

Talaq-ul-biddat (instant triple talaq) is void in India after Shayara Bano (2017) and the 2019 Act; talaq must otherwise follow the applicable personal law procedure.

A Muslim divorced wife can claim maintenance under s.125 CrPC/BNSS and the 1986 Act during iddat; post-iddat maintenance is governed by the 1986 Act as interpreted in Shah Bano and Danial Latifi.

Christian marriage under the Indian Christian Marriage Act, 1872 requires solemnization by an authorized person; divorce and nullity are governed by the Indian Divorce Act, 1869.

Guardianship: the Hindu Minority and Guardianship Act, 1956 makes the father the natural guardian of a legitimate child, but the mother is guardian after the father's death; the child's welfare prevails.

Special Marriage Act, 1954 permits civil marriage regardless of religion after notice and publication; registration does not convert the parties' personal law for succession unless so provided.

Arbitration and Conciliation Act, 1996 s.7 requires a written arbitration agreement; s.8 requires a judicial authority to refer parties to arbitration if a valid agreement exists.

Arbitration Act s.11 empowers the Supreme Court or High Court to appoint arbitrators; s.16 lets the tribunal rule on its own jurisdiction, and s.34 permits setting aside an award on limited grounds including patent illegality.

Arbitration Act s.36 makes an award enforceable as a decree after the s.34 period; a stay of enforcement may be granted on security, and s.37 provides appeals from specified orders.

Motor Vehicles Act, 1988 s.166 allows a claim before the Motor Accident Claims Tribunal; compensation covers pecuniary loss, pain, and loss of consortium, and there is no limitation after the 2019 amendment.

Third-party motor insurance is compulsory; an insurer can raise defences under s.149 such as breach of policy conditions, but pay and recover may be ordered to protect the victim.

Consumer Protection Act, 2019 covers goods and services, including e-commerce; a complaint must be filed within two years of the cause of action, and product liability can attach to manufacturers and sellers.

West Bengal Premises Tenancy Act, 1997 regulates rent and eviction; grounds include default in rent, subletting without consent, and bona fide requirement, and the Rent Controller decides disputes.

Industrial Disputes Act, 1947: an 'industry' involves systematic activity with cooperation between employer and employees; s.10 permits reference of an industrial dispute to adjudication.

Retrenchment under s.25F requires one month's notice or wages and compensation of 15 days' average pay per completed year; s.25G prescribes prior permission for larger establishments.

Precis writing: reduce to about one-third of the original, retain the central idea, avoid examples and repetition, use third person and past tense, and do not add opinions.

Essay writing: a clear thesis, coherent paragraphs with topic sentences, transitions, and a conclusion; legal essays should define terms and support propositions with reasons.

Translation: preserve meaning, register, and tone rather than word-for-word syntax; translate legal terms consistently and retain proper names where appropriate.

Grammar: subject-verb agreement, correct tense sequence, active-passive conversion, direct-indirect speech, and elimination of dangling modifiers are frequently tested.

Bengali composition: use sadhu or chalit register consistently, observe sandhi and samas, and avoid dialect; idioms and proverbs must fit context.

Hindi composition: tests include sangya, sarvanam, kriya, kaal, vakya-shuddhi, muhavare, and letter/essay writing; use standard Hindi and correct gender-number agreement.

Urdu composition: know ism, fail, harf, tarkeeb, muhavara, and correct imla; essay and letter writing require formal register and proper punctuation.

Sanskrit: sandhi, samasa, karaka-vibhakti, shabdarupa, dhaturupa, and anuvada are core; translate legal maxims carefully and keep sentence order flexible but meaning exact.

Comprehension: identify the main idea, tone, and implied meaning; answer in complete sentences and avoid lifting long passages without need.

The Constitution of India has 28 states and 8 union territories; West Bengal has 42 Lok Sabha seats and 294 assembly seats.

The Calcutta High Court, established in 1862, has jurisdiction over West Bengal and the Andaman and Nicobar Islands; its principal seat is Kolkata.

The Supreme Court's sanctioned strength is 34 judges including the Chief Justice, unless Parliament increases it; Supreme Court judges retire at 65 and High Court judges at 62.

Article 370 was abrogated in 2019; Jammu and Kashmir and Ladakh became union territories, and the Jammu and Kashmir Reorganisation Act, 2019 governs the transition.

India hosted the G20 summit in New Delhi in 2023, which adopted the New Delhi Leaders' Declaration; the African Union became a permanent G20 member.

Chandrayaan-3 landed near the lunar south pole on 23 August 2023; India became the fourth country to soft-land on the Moon.

India won 107 medals at the 2023 Hangzhou Asian Games and 6 medals at the Paris 2024 Olympics, including one silver and five bronze.

The 2024 Lok Sabha election returned the BJP as the largest party; Narendra Modi took oath as Prime Minister for a third term on 9 June 2024.

West Bengal's Sundarbans is a UNESCO World Heritage site and Ramsar site; it is the largest mangrove forest in the world and a tiger reserve.