Haryana Civil Judge (Junior Division) / HCS-J

# Haryana Civil Judge (Junior Division) — Grounded Study Notes

GROUNDED (web-sourced from free-access law: Indian Kanoon (indiankanoon.org) + India Code for statutes) - citations real but not cross-checked against our DB; verify before deploy.

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## CIVIL LAW I: Code of Civil Procedure, Contract, Evidence, Specific Relief

### Jurisdiction and Res Judicata

**Principle:** Section 11 CPC bars a court from trying any suit or issue in which the matter has been directly and substantially in issue in a former suit between the same parties.

**Case:** Doma Choudhary And Ors. vs Ram Naresh Lal And Ors. (AIR 1959 Pat 121, 1958)
- Court may, in exercise of inherent power, set aside an order of dismissal for default under Order IX and restore the application
- Distinction between "rejecting" on merits vs. procedural dismissal is relevant to appeal rights

**Principle:** Res judicata must be "finally decided"—a matter sub judice in appeal has not been finally decided and does not yet create estoppel.

**Case:** Bai Chanchal Widow Of Chhaganbhai vs Bai Suraj Widow Of Ranchhodbhai (1962)
- Sets the test for when res judicata applies

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### Indian Contract Act, 1872: Breach and Damages

**Principle:** Section 73 ICA provides that when a contract is broken, the party who suffers may receive compensation for loss or damage caused by the breach which naturally arose in the usual course of things, but not for remote or indirect loss.

**Principle:** Section 74 ICA limits compensation for breach where a penalty is stipulated to reasonable compensation not exceeding the amount named, whether or not actual damage is proved.

**Case:** V.K. Kumaraswami Chettiar And Ors. vs P.A.S.V. Karuppuswami Mooppanar (1952)
- Discussed anticipatory breach of continuing contracts
- When a contract is broken, the party in default is obliged to pay damages

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### Specific Relief Act, 1963: Specific Performance

**Principle:** Specific performance is granted when:
1. Compensation in money is not an adequate relief, or
2. The act agreed to be done is such that money damages would not afford adequate relief.

**Principle:** Contracts that CANNOT be specifically enforced:
- Where compensation in money is adequate relief
- Contracts requiring personal qualifications or minute details
- Contracts involving continuous duty the court cannot supervise

**Principle:** For breach of contract to transfer immovable property, the law presumes compensation in money is NOT adequate—specific performance is presumed available.

**Principle:** Court must assess "readiness and willingness"—capacity (e.g., financial ability to pay price) and intention to perform.

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### Indian Evidence Act, 1872: Hearsay & Exceptions

**Principle:** Hearsay evidence is generally NOT admissible. Section 32 IEA creates exceptions where a person has since died and the statement relates to the cause of death or exhibits circumstances leading to death.

**Case:** Pakala Narayana Swami vs Emperor (AIR 1939 PC 47)
- Privy Council held: Circumstances of the transaction which resulted in death of the declarant will be admissible if such circumstances have proximate relation to the actual occurrence
- Test: Statement merely suggesting motive cannot be admitted unless intimately connected with the transaction itself

**Case:** Sharad Birdhi Chand Sarda vs State Of Maharashtra (1984)
- Where death is a logical culmination of a continuous drama, statements regarding each step directly connected with the end of the drama are admissible as an organic whole, not torn from context
- Where death takes place within 3–4 months of marriage, statements may be admissible under Section 32
- Courts must examine interested witness evidence with great care; affection for deceased can create psychological bias

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### Limitation Act, 1963

**Principle:** Section 3 provides that every suit instituted after the prescribed period of limitation shall be dismissed, even if limitation has not been set up as a defence.

**Principle:** In computing the period of limitation:
- The day from which the period is to be reckoned is EXCLUDED
- Time for notice, sanction, or government consent is excluded
- Time during which suit execution is stayed by injunction is excluded

**Principle:** Once the prescribed period of limitation expires, suits become barred automatically and are dismissed by courts regardless of the strength of the case on merits.

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### Transfer of Property Act, 1882

**Principle:** A "sale" is a transfer of ownership in exchange for price paid, promised, or part-paid and part-promised.

**Principle:** Sale of immovable property of value Rs. 100 or more (or reversion/intangible thing) can ONLY be made by registered instrument. Property under Rs. 100 may be transferred by registered instrument OR delivery of property.

**Principle:** The seller contracts that the interest being transferred subsists and that the seller has power to transfer it.

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### Registration Act, 1908

**Principle:** Certain documents must be registered to be admitted as evidence (e.g., documents creating, transferring, or affecting rights to immovable property above a specified value).

**Principle:** Failure to register may render a document inadmissible, though the underlying right may survive in equity.

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## CIVIL LAW II: Hindu Law, Muslim Law, Family Law, Succession

### Hindu Succession Act, 1956

**Principle:** When a Hindu dies after the commencement of the Hindu Succession (Amendment) Act 2005, daughters take an equal share as sons in joint family property (coparcenary rights now extended to daughters).

**Case:** V. Sampathkumari vs M. Lakshmi Ammal And Ors. (1961)
- Even though widows had inherited property before the Act came into force, they must give up a half share to the daughter because under HSA the daughter takes simultaneously with widows
- Principle: Daughters' right to succession is now equally co-extensive with sons

**Principle:** A widow inherits as heir, subject to the rules of succession prescribed in the Act. Widow's share is specified in Schedule (Rule 1 of Table of Succession).

**Principle:** The Act applies to succession of Hindu property when the deceased Hindu dies intestate after the Act's commencement.

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### Hindu Marriage Act, 1955

**Principle:** A Hindu marriage may be solemnized only if:
1. Neither party has a spouse living
2. The parties are not related within prescribed prohibited degrees
3. Specified age conditions are met
4. Consent of parties is free from force or fraud

**Principle:** A marriage is voidable (not void) if consent of the petitioner was obtained by force or by fraud as to:
- Nature of the ceremony, or
- Material fact or circumstance concerning the respondent

**Principle:** Registration of marriage is NOT mandatory for its validity—validity is unaffected by omission to register.

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### Muslim Personal Law (Shariat) Application Act, 1937

**Principle:** For Muslims, questions of intestate succession and special property of females are governed by Muslim Personal Law (Shariat).

**Principle:** Muslims inherit property as TENANTS-IN-COMMON, not as joint tenants.

**Principle:** Inheritance under Shariat law: Female children do NOT inherit equally with male children; a female child typically receives half the share of a male child (in Sunni law). Different schools (Shia, Hanafi, etc.) have varying rules.

**Principle:** The Shariat applies throughout India except Jammu & Kashmir.

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### Transfer of Property Act, 1882: Gift and Perpetuities

**Principle:** A "gift" is a voluntary transfer of property by one person to another without consideration. It requires clear intention, acceptance by donee, and delivery of possession (for movables) or registered instrument (for immovables).

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## CRIMINAL LAW: BNS, BNSS, BSA (2023)

### Bharatiya Nyaya Sanhita (BNS), 2023

**Principle:** The BNS consolidates and amends provisions relating to offences. Every person shall be liable to punishment under BNS (not otherwise) for every act or omission contrary to the Sanhita of which guilty within India.

**Principle:** General Exceptions (Chapter IV): Every definition of an offence, every penal provision, and every illustration shall be understood subject to the exceptions in the "General Exceptions" chapter, though not repeated in each definition.

**Principle:** Persons liable under law in force in India for offences committed beyond India shall be dealt with under BNS as if the act had been committed within India.

**Key Offences:**
- Criminal conspiracy (Chapter V)
- Attempts to commit offences
- Theft, criminal breach of trust, cheating

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### Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

**Principle:** The BNSS consolidates and amends procedure for criminal trials, arrests, and custody. It replaces the Criminal Procedure Code, 1973 (effective July 1, 2024).

**Principle:** Courts have discretionary powers to grant bail, custody, or release subject to conditions prescribed in the Sanhita.

**Principle:** Accused persons have rights to information, fair trial, and legal representation as prescribed in the Sanhita.

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### Bharatiya Sakshya Adhiniyam (BSA), 2023

**Principle:** The BSA consolidates general rules and principles of evidence. It applies to all judicial proceedings in or before any Court, including Courts-martial.

**Principle:** Evidence may be given of:
- Existence or non-existence of every fact in issue
- Facts declared to be relevant

**Principle:** Electronic and digital records are admissible without further proof if produced from proper custody. Such records have the same legal effect as other documents.

**Principle:** Computer output (information printed, stored, recorded, or copied in optical/magnetic media or semiconductor memory) is deemed a document and is admissible without further proof.

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### Dying Declarations and Confessions (BSA transition from IEA)

**Principle:** (Under BSA, paralleling former Section 32 IEA) A statement made by a person who subsequently died, relating to the cause of death or circumstances leading thereto, is admissible.

**Principle:** Court must assess reliability of such evidence with scrutiny, especially from interested witnesses.

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## STATUTES & SOURCES

- **Code of Civil Procedure, 1908** (indiankanoon.org)
- **Indian Contract Act, 1872** (indiankanoon.org)
- **Specific Relief Act, 1963** (indiankanoon.org)
- **Indian Evidence Act, 1872** (transitioning to Bharatiya Sakshya Adhiniyam 2023)
- **Bharatiya Nyaya Sanhita, 2023** (indiankanoon.org)
- **Bharatiya Nagarik Suraksha Sanhita, 2023** (indiankanoon.org)
- **Bharatiya Sakshya Adhiniyam, 2023** (indiankanoon.org)
- **Hindu Succession Act, 1956** (indiankanoon.org)
- **Hindu Marriage Act, 1955** (indiankanoon.org)
- **Muslim Personal Law (Shariat) Application Act, 1937** (indiankanoon.org)
- **Limitation Act, 1963** (indiankanoon.org)
- **Transfer of Property Act, 1882** (indiankanoon.org)
- **Registration Act, 1908** (indiankanoon.org)
- **Indian Partnership Act, 1932** (indiankanoon.org)
- **Sale of Goods Act, 1930** (indiankanoon.org)
- **Haryana Urban (Control of Rent and Eviction) Act, 1973** (indiankanoon.org)

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## REAL CASES CITED

1. Doma Choudhary And Ors. vs Ram Naresh Lal And Ors. (AIR 1959 Pat 121, 1958)
2. V.K. Kumaraswami Chettiar And Ors. vs P.A.S.V. Karuppuswami Mooppanar (1952)
3. Pakala Narayana Swami vs Emperor (AIR 1939 PC 47)
4. Sharad Birdhi Chand Sarda vs State Of Maharashtra (1984)
5. V. Sampathkumari vs M. Lakshmi Ammal And Ors. (1961)
6. Bai Chanchal Widow Of Chhaganbhai vs Bai Suraj Widow Of Ranchhodbhai (1962)