RJS Exam cheat sheet

Order II Rule 2 CPC: a suit must include the whole claim; omitting a part bars a later suit on the omitted portion, but leave of court under Rule 2(3) preserves the remedy.

Section 9 CPC: civil courts try all civil suits unless expressly or impliedly barred; suits on purely revenue or criminal matters fall outside.

Order VII Rule 11 CPC: plaint rejected for no cause of action, undervaluation of relief, insufficient court fee, barred by law, or non-compliance with Section 80 notice.

Section 80 CPC: two months' prior notice to Government before suit; urgent relief may be sought under Section 80(2) with court permission.

Res judicata (Section 11 CPC) requires a former suit decided on merits between the same parties, same subject matter, and same title, with the matter directly and substantially in issue.

Limitation: Article 113 residuary period is three years from when the right to sue accrues; Order VII Rule 6 requires the plaint to show the ground of exemption where the claim is time-barred.

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

Order VI Rule 17 amendment is allowed at any stage if it does not cause injustice; after trial begins, leave is refused if the amendment changes the suit's nature.

Section 96 CPC gives a first appeal on law and fact; Section 100 second appeal lies only on a substantial question of law framed at admission.

Section 300 IPC distinguishes murder from culpable homicide by degrees of intention and knowledge, plus Exceptions 1-5 (provocation, private defence, public servant's act, sudden fight, consent).

Section 304 IPC: culpable homicide not amounting to murder - Part I (intention) up to life or 10 years; Part II (knowledge) up to 10 years.

Section 302 IPC punishment is death or imprisonment for life, with fine; the rarest-of-rare principle governs capital sentencing.

Section 154 CrPC FIR must be recorded and read over to the informant; Section 157 requires forwarding to the Magistrate forthwith.

Section 161 CrPC statements to police are not signed and are inadmissible; Section 162 bars their use except as permitted under Section 27 of the Evidence Act.

Section 167 CrPC: detention beyond 24 hours needs a Magistrate's order; default bail follows if the charge-sheet is not filed within 60 or 90 days as applicable.

Section 437 CrPC governs bail in non-bailable offences; Section 438 provides anticipatory bail, and Section 439 gives the High Court or Court of Session special powers.

Section 320 CrPC lists compoundable offences; Section 482 CrPC preserves inherent powers of the High Court to prevent abuse of process or secure the ends of justice.

Section 304B IPC and Section 113B of the Evidence Act create the dowry-death presumption where death occurs within seven years of marriage and there was cruelty or harassment for dowry.

Section 3 of the Evidence Act defines 'proved', 'disproved', and 'not proved'; proof is a matter of judicial belief, not mathematical certainty.

Section 25 bars confessions to police officers; Section 26 excludes confessions in police custody unless made in the immediate presence of a Magistrate; Section 27 admits so much of the disclosure as leads to discovery.

Section 32 covers dying declarations and statements of persons who are dead or unavailable, where the statement relates to the cause of death or a relevant fact.

Section 45 permits expert opinion on foreign law, science, art, handwriting, and finger impressions; Section 73 allows the court to compare signatures.

Section 60 requires oral evidence to be direct - witnesses must speak to facts perceived by them, not hearsay.

Section 65 permits secondary evidence of documents when the original is in the possession of the opposite party, is lost, or is a public document.

Section 101-104 place the burden of proof on the party who asserts a fact; Section 106 shifts it where the fact is especially within the knowledge of another.

Section 114 permits presumptions of ordinary course of nature and business; Section 113A presumes abetment of suicide by a married woman in specified cruelty cases.

Section 65B makes a certificate necessary for admissibility of electronic records; the certificate identifies the electronic record and the device used.

Article 12 defines 'State' to include Government and Parliament of India, State Governments and Legislatures, local authorities, and other authorities under Government control.

Article 13 makes laws inconsistent with Part III void; it applies to pre-constitutional laws through the doctrine of eclipse and to post-constitutional laws ab initio.

Article 14 bars class legislation but permits reasonable classification founded on an intelligible differentia with a rational nexus to the object.

Article 21 has been expanded to include the right to life with dignity, privacy (K.S. Puttaswamy), speedy trial, legal aid, and a clean environment.

Article 32 and Article 226 issue writs of habeas corpus, mandamus, prohibition, certiorari, and quo warranto; Article 226 has wider territorial and legal scope than Article 32.

Article 44 directs a uniform civil code; Article 48A and Article 51A(g) impose environmental duties on the State and citizens respectively.

Basic structure doctrine: Parliament cannot amend the Constitution so as to destroy its essential features such as judicial review, federalism, and free elections.

Article 311 protects civil servants from dismissal or removal except after inquiry, with a reasonable opportunity of being heard.

Doctrine of legitimate expectation and principles of natural justice - audi alteram partem and nemo judex in causa sua - govern administrative action.

Rajasthan Land Revenue Act, 1956: Section 5 constitutes the Board of Revenue; Sections 9-13 deal with the hierarchy of revenue courts and officers.

Section 47 of the Rajasthan Land Revenue Act requires a record of rights to be maintained and periodically revised; the village Patwari maintains the day-to-day entries.

Section 90 provides for correction of clerical errors in revenue records; Section 91 allows a suit for declaration of rights in a revenue court where the dispute concerns land.

Rajasthan Tenancy Act, 1955: Section 42 bars acquisition of Khatedari rights by a person already holding land beyond the ceiling, subject to exceptions.

Section 183 of the Rajasthan Tenancy Act bars civil courts from trying suits or issues relating to agricultural land that fall within the exclusive jurisdiction of revenue courts.

Rajasthan Municipalities Act, 2009: a municipality is constituted by notification; the State may dissolve it, and elections must be held before the end of the six-month period after dissolution.

Rajasthan Panchayati Raj Act, 1994: the three-tier structure is Gram Panchayat, Panchayat Samiti, and Zila Parishad; the State Election Commission conducts panchayat elections.

Rajasthan Stamp Act, 1998: instruments are chargeable as per the Schedule; an insufficiently stamped instrument is impounded and may be admitted on payment of deficit duty and penalty.

Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes) Rules require conversion permission before use of agricultural land for non-agricultural purposes.

Rajasthan Official Language Act, 1951: Hindi in Devanagari script is the official language of Rajasthan; English continues for certain purposes.

Legal Hindi uses 'न्यायालय' for court, 'अभियुक्त' for accused, 'वादी' for plaintiff, and 'प्रतिवादी' for defendant.

Standard translation of 'prima facie' in legal Hindi is 'प्रथम दृष्टया'; 'ultra vires' is 'अधिकारातीत'; 'res judicata' is 'पूर्वन्याय'.

'Affidavit' translates as 'शपथ-पत्र'; 'power of attorney' as 'मुख्तारनामा'; 'injunction' as 'निषेधाज्ञा'; 'decree' as 'डिक्री'.

'Habeas corpus' is 'बंदी प्रत्यक्षीकरण'; 'mandamus' is 'परमादेश'; 'certiorari' is 'उत्प्रेषण'; 'prohibition' is 'प्रतिषेध'.

'Bail' is 'जमानत'; 'bail bond' is 'जमानत बांड'; 'charge' is 'आरोप'; 'acquittal' is 'दोषमुक्ति'; 'conviction' is 'दोषसिद्धि'.

'Cognizable offence' is 'संज्ञेय अपराध'; 'non-cognizable' is 'असंज्ञेय'; 'summons' is 'समन'; 'warrant' is 'वारंट' or 'अधिपत्र'.

'Jurisdiction' is 'अधिकारिता'; 'limitation' is 'परिसीमा'; 'appeal' is 'अपील'; 'revision' is 'पुनरीक्षण'; 'review' is 'पुनर्विलोकन'.

A plaint under Order VII CPC must contain the name and description of parties, the cause of action and its date, the jurisdiction, the relief claimed, and the valuation for court fee.

A written statement under Order VIII CPC must specifically traverse each material allegation; an evasive denial is treated as admission under Order VIII Rule 5.

A legal notice under Section 80 CPC must state the cause of action, the relief sought, and the name and address of the plaintiff; it must precede the suit by two months.

An affidavit must be sworn before an authorised officer, state the deponent's identity, and be divided into numbered paragraphs with a verification clause.

A vakalatnama authorises an advocate to appear, plead, and act; it must be signed by the client and accepted by the advocate.

A sale deed must recite the parties, the property description, the consideration, the title, and the covenants of title and quiet enjoyment, and be registered under the Registration Act.

A criminal complaint under Section 200 CrPC states the facts, the offence with its section, the witnesses, and the prayer for process.

Translation principle: legal terms of art are translated by their established Hindi equivalents rather than literal word-for-word rendering; proper names and section numbers remain unchanged.

A decree must state the claim, the determination of issues, the relief granted, and the costs; a judgment must contain the reasons for the decision.