Civil Judge Prelims cheat sheet

Section 9 CPC: civil courts have jurisdiction over all civil suits except suits of a civil nature expressly or impliedly barred by law.

Section 11 res judicata bars a subsequent suit when the same parties litigate the same matter directly and substantially, already finally decided by a competent court.

Order II Rule 2: a plaintiff must include the whole claim arising from one cause of action; omitting a claim bars a later suit on the omitted part.

Order VII Rule 11 grounds for rejection: no cause of action, relief undervalued, insufficient court fee, suit barred by law, or plaint not filed with required copies.

Order VI Rule 17 amendment is allowed before trial freely; after trial begins, only if the party could not have raised the matter earlier despite due diligence.

Section 80 requires two months' prior notice to the Government or a public officer before suit, except for urgent or interlocutory relief.

Order IX Rule 13: an ex parte decree may be set aside where the defendant shows sufficient cause for non-appearance and a defence on merits.

Order XXXVIII Rule 5 attachment before judgment requires the defendant to be intending to dispose of property to defeat a decree, with the court recording reasons.

Order VI Rule 2: pleadings state material facts only, concisely; evidence and legal arguments are not pleaded.

Order VII Rule 1 plaint contents: name and description of parties, court jurisdiction, cause of action and when it arose, facts for relief, valuation, and relief claimed.

Order VI Rule 15 verification: pleadings verified by the party or a person acquainted with facts, specifying paragraphs true to knowledge, belief or information.

Order VIII Rule 1: written statement within 30 days of service, extendable by the court but generally not beyond 120 days from service.

Order VIII Rule 6: set-off allowed for an ascertained sum legally recoverable, arising from the same transaction, within the court's pecuniary jurisdiction.

Order VIII Rule 6A counterclaim: the defendant may set up a claim against the plaintiff's claim; it is treated as a plaint and the plaintiff may file a written statement.

Order VII Rule 10: plaint returned when the court lacks jurisdiction or the suit is filed in the wrong court; Rule 10A allows presentation in the proper court.

Order XXIII Rule 1: withdrawal with liberty requires the court's permission; withdrawal without liberty bars a fresh suit on the same cause of action.

Section 299 IPC defines culpable homicide; Section 300 defines murder, requiring intention to cause death or injury likely to cause death, absent any of the five exceptions.

Section 34 IPC common intention requires a pre-arranged plan or prior meeting of minds; Section 149 common object applies to an unlawful assembly of five or more.

Section 378 IPC theft: dishonest removal of movable property from another's possession without consent; punishment is under Section 379.

Section 390 IPC robbery is theft or extortion with hurt or threat of instant hurt; Section 391 dacoity is robbery by five or more persons.

Section 415 IPC cheating: deceiving a person to deliver property or consent to its retention; Section 420 applies where property is thereby dishonestly induced.

Chapter IV general exceptions (Sections 76-106) include mistake of fact, judicial acts, accident, necessity, infancy, insanity, intoxication, private defence and consent.

Section 84 IPC act of a person of unsound mind: act done while incapable of knowing the nature of the act or that it is wrong or contrary to law.

Section 107 IPC abetment: instigation, conspiracy or intentional aid; Section 109 punishes abetment when the act abetted is committed.

BNS 2023 replaced the IPC from 1 July 2024; punishment for murder appears in Section 103 and theft in Section 303.

Section 154 CrPC: information relating to a cognizable offence is recorded in writing, read over to the informant, signed, and entered in a register; a free copy is given.

Section 161 statements to police are not signed and are not substantive evidence; they may be used only to contradict a witness under Section 145 of the Evidence Act.

Section 164 CrPC: a Magistrate records confessions and statements in the prescribed manner, warning the maker that it may be used against him.

Section 167 CrPC: detention beyond 24 hours requires a Magistrate's order; the default investigation period is 60 days, or 90 days for serious offences, extendable.

Section 437 CrPC governs bail in non-bailable offences; Section 439 empowers the High Court and Sessions Court to grant bail.

Section 25 Evidence Act: no confession to a police officer is proved; Section 27 allows so much of the information as leads distinctly to a discovery.

Section 32 Evidence Act makes dying declarations relevant; Section 60 requires direct oral evidence, and Section 65 permits secondary evidence in specified cases.

Section 101 Evidence Act: burden of proof lies on the person who asserts a fact; Section 106 shifts the burden where the fact is especially within another's knowledge.

Article 12 defines 'State' for Part III to include Parliament, State legislatures, Government, local authorities and other authorities.

Article 13 renders pre-constitutional laws inconsistent with fundamental rights void; Article 13(4) protects constitutional amendments from Article 13.

Article 14 guarantees equality before law and equal protection of laws; classification requires intelligible differentia and a rational nexus with the object.

Article 21 protects life and personal liberty; procedure established by law must be fair, just and reasonable; Article 21A guarantees free education ages 6-14.

Article 32 empowers the Supreme Court to issue five writs for enforcement of fundamental rights; Article 226 gives High Courts wider writ jurisdiction.

Article 368 amendment procedure requires special majority and, for federal provisions, ratification by half the states; the basic structure cannot be destroyed.

Article 141: Supreme Court law is binding on all courts; Article 144 requires all authorities to act in aid of the Supreme Court.

Article 311 protects civil servants from dismissal by an authority subordinate to the appointing authority and without inquiry, subject to exceptions.

Article 356 President's rule on failure of constitutional machinery; Article 352 national emergency; Article 360 financial emergency.

Section 2(h) contract means an agreement enforceable by law; Section 10 lists offer, acceptance, consideration, capacity, free consent and lawful object.

Section 2(d) consideration: at the promisor's desire, an act, abstinence or promise by the promisee or any other person; it may be past, present or future.

Section 11 capacity: a person is competent if of the age of majority, of sound mind, and not disqualified by law; Section 12 defines sound mind.

Sections 15-18 define coercion, undue influence, fraud and misrepresentation; consent is free under Section 14 when not caused by these.

Section 23: consideration or object is unlawful if forbidden by law, defeats a law's purpose, is fraudulent, injures another, or is immoral or opposed to public policy.

Section 56: a contract is void if performance becomes impossible or unlawful after formation; supervening events not within the promisor's control discharge it.

Section 73: damages for breach are compensation for loss naturally arising or in the parties' contemplation; Section 74 allows reasonable compensation for a named sum.

Section 124 indemnity: promise to save another from loss caused by the promisor's or a third party's conduct; Section 126 guarantee requires a written, signed promise.

Specific Relief Act Section 10: specific performance is granted where damages are inadequate; Section 14 lists contracts not specifically enforceable, such as personal service.

Tort liability requires a duty owed, breach, causation and damage; motive is irrelevant, and the standard is the reasonable person.

Res ipsa loquitur presumes negligence where the accident is of a kind that ordinarily does not occur without negligence and the thing was under the defendant's control.

Rylands v Fletcher strict liability applies to escape of a dangerous thing brought onto land; M.C. Mehta replaced it with absolute liability for hazardous industry.

Vicarious liability: a master is liable for a servant's torts committed in the course of employment, not for acts outside employment.

Defamation requires a defamatory statement, publication to a third party, and damage; defences include truth, fair comment, privilege and consent.

Specific Relief Act Section 34 declaratory decree: a person entitled to a legal character or right may sue for a declaration and consequential relief.

Section 38 perpetual injunction prevents breach of an obligation; Section 41 lists cases where an injunction is refused, such as to restrain a judicial proceeding.

Damages may be nominal, compensatory, exemplary or aggravated; contributory negligence and volenti non fit injuria reduce or defeat liability.

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

TPA Section 58 mortgages: simple, conditional sale, usufructuary, English and anomalous; Section 60 gives the mortgagor a right to redeem.

TPA Section 105 lease: transfer of a right to enjoy property for a term or in perpetuity for consideration; Section 106 governs notice to quit.

TPA Section 122 gift: voluntary transfer without consideration, accepted by the donee; Section 123 requires a registered instrument for immovable property.

Hindu Succession Act Section 6: daughters are coparceners by birth after the 2005 amendment, with rights equal to sons in coparcenary property.

Hindu Marriage Act Section 5 conditions: neither party has a living spouse, neither is of unsound mind or unfit for marriage, ages 21 and 18, and no prohibited relationship.

Hindu Marriage Act Section 13 grounds include adultery, cruelty, desertion for two years, conversion and insanity; Section 13B provides mutual consent divorce.

Muslim personal law: marriage is a contract requiring proposal and acceptance; dower is a mandatory right of the wife; triple talaq is void under the 2019 Act.

Indian Succession Act 1925: a will requires a testator of sound mind, writing, signature and attestation by two witnesses; probate is granted by a competent court.

Arbitration Act Section 7: an arbitration agreement may be a clause or separate agreement, in writing, signed or recorded by electronic means.

Section 11 appointment: parties may agree on procedure; failing agreement, the Supreme Court or High Court designates an institution or person to appoint.

Section 16: the tribunal rules on its own jurisdiction, including objections to the existence or validity of the arbitration agreement.

Section 34 setting aside: grounds include incapacity, invalid agreement, lack of notice, award beyond scope, irregular composition and public policy; application within three months, extendable by 30 days.

NI Act Section 138: cheque dishonour for insufficiency of funds is an offence when notice is given within 30 days and payment is not made within 15 days.

Companies Act 2013 Section 2(68): a private company restricts transfer, limits members to 200 and prohibits public invitation for securities.

Companies Act Section 149: listed companies must have at least one-third independent directors; private companies need at least two directors.

Copyright Act Section 13 protects original literary, dramatic, musical and artistic works; Section 52 fair dealing permits specified uses without infringement.

Industrial Disputes Act 1947: conciliation, arbitration and adjudication by Labour Courts and Industrial Tribunals; strikes and lockouts are regulated by Sections 22-23.

English subject-verb agreement: the verb agrees with the subject, not with nouns in intervening phrases.

Active and passive: the object becomes the subject in passive voice, and the verb takes the past participle form with the appropriate form of 'be'.

Reported speech: present tenses shift to past, and pronouns and time expressions change according to the reporting verb and context.

Common confusions: 'affect' is usually a verb, 'effect' usually a noun; 'comprise' means include, so 'comprises of' is incorrect.

Article 324: the Election Commission superintends, directs and controls elections to Parliament, State legislatures, and the offices of President and Vice-President.

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

India's constitutional heads: the President is head of state, the Prime Minister heads the government, and the Attorney General is the chief legal adviser.

The Reserve Bank of India was established in 1935 and nationalised in 1949; its headquarters is in Mumbai.

Ratio decidendi is the legal rule necessary to the decision and binds subordinate courts; obiter dicta is persuasive but not binding.

Precedent hierarchy: Supreme Court decisions bind all courts under Article 141; High Court decisions bind courts within that state.

Literal rule: interpret words in their ordinary meaning; golden rule: modify literal meaning to avoid absurdity; mischief rule: suppress the mischief and advance the remedy.

Ejusdem generis: general words following specific words are limited to the same class; noscitur a sociis: a word takes colour from surrounding words.

Expressio unius est exclusio alterius: express mention of one thing excludes others; harmonious construction avoids conflict between provisions.

A necessary condition must hold for the result; a sufficient condition guarantees the result; contrapositive of 'if P then Q' is 'if not Q then not P'.

Presumption of constitutionality: a statute is presumed valid, and the burden is on the challenger to show a clear violation.

Distinguishing a precedent requires a material difference in facts; overruling occurs when a higher court holds the earlier decision wrong.

Percentage change = (new value - old value) / old value × 100; successive percentage changes are not simply additive.

Simple interest = P × R × T / 100; compound amount = P (1 + R/100)^T for annual compounding.

Speed = distance / time; average speed for equal distances is the harmonic mean 2xy/(x+y).

Profit percentage = (selling price - cost price) / cost price × 100; discount is calculated on the marked price.

Probability of an event = favourable outcomes / total equally likely outcomes; permutations count order, combinations do not.

1 byte = 8 bits; binary 1010 equals decimal 10; RAM is volatile and ROM is non-volatile.

HTTP uses port 80 and HTTPS port 443; a firewall filters network traffic by rules; phishing is fraudulent email designed to steal credentials.

Common shortcuts: Ctrl+C copy, Ctrl+V paste, Ctrl+Z undo, Ctrl+S save; .docx is a Word file and .xlsx is an Excel file.