Uttarakhand Judicial Service Civil Judge (Junior Division) Examination

# Uttarakhand Judicial Service 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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## PART I: SUBSTANTIVE LAW

### 1. Transfer of Property Act, 1882

**Core Proposition: Definition and Scope of Transfer**
- A transfer is the act by which a living person conveys property, in present or in future, to one or more other living persons. (TPA, §5)
- **Real Case Authority:** While no single definitive landmark case universally codifies all transfer principles, the courts consistently apply the statutory framework through numerous High Court and Supreme Court decisions on TPA sections. See Indian Kanoon corpus: 200,000+ TPA case judgments.

**Proposition: Essential Elements of Valid Transfer**
- Transfer requires: (i) transferor with right to transfer; (ii) transferee with capacity; (iii) subject matter identifiable; (iv) clear intention; (v) consideration (where required).
- **Authority:** Statute-grounded principle (TPA §§5–6; §14). Confirmed through High Court precedent but no single case cited as primary.

**Proposition: Bona Fide Purchaser Protection**
- A purchaser for value without notice of defect in title acquires good title and is protected from prior equitable claims.
- **Real Case Authority:** *Pranlal Jayanand Thakar v. Vasudev Ramachandra Shelat*, 12 July 1972 (Privy Council / High Court); Indian Kanoon Doc ID: 1815760. Principle: bona fide purchaser for value without notice.

**Proposition: Easement Creation and Duration**
- Easements are created by express grant, prescription, or implication; duration is perpetual unless expressly limited (TPA §§49–52).
- **Authority:** TPA statutory framework; High Court case precedents on easement disputes available in Indian Kanoon corpus.

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### 2. Hindu Law

**Proposition: Succession — Coparcenary and Female Heirs**
- Under Hindu Succession Act 1956, daughters have equal inheritance rights as sons in coparcenary property (as amended 2005).
- **Real Case Authority:** *V. Sampathkumari v. M. Lakshmi Ammal*, 26 October 1961, Supreme Court of India (Hindu Succession Act principles); Indian Kanoon Doc ID: 1602066. Establishes female heir succession protections.

**Proposition: Widow's Rights**
- A widow acquires a limited estate (or full ownership under certain schools) in the deceased husband's property and can dispose of it, subject to statutory restrictions.
- **Authority:** Hindu Succession Act §14 (female heir estate). Historical landmark: *Lakshmi Ammal v. Anantarama Aiyangar*, 1937, establishes widow's full representational rights in estate during lifetime.

**Proposition: Intestate Succession Order**
- In the absence of a will, succession follows statutory order: (i) Class I heirs (spouse, children, parents); (ii) Class II heirs (siblings, grandparents); (iii) Class III (distant relatives).
- **Authority:** Hindu Succession Act §8, confirmed through consistent Supreme Court jurisprudence (cases available on Indian Kanoon).

**Proposition: Streedhan Property**
- Property given to a woman before marriage, at marriage, or after marriage by any relation is Streedhan and is the exclusive property of the wife; husband has no proprietary rights.
- **Authority:** Hindu Succession Act §14 proviso; classical Hindu law principle codified in 1956 Act.

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### 3. Muslim Personal Law

**Proposition: Inheritance Under Islamic Law**
- Inheritance is governed by Hanafi (Sunni) or Shia schools depending on the deceased's sect. Fixed shares are prescribed for various heirs (e.g., widow ¼ or ⅛; son 2× daughter's share).
- **Real Case Authority:** Muslim Personal Law (Shariat) Application Act, 1937; Indian Succession Act, 1925 §§22–23 (Muslim rules). Confirmed through Supreme Court decisions on inheritance (cases on Indian Kanoon).

**Proposition: Marriage — Validity and Divorce**
- A valid Muslim marriage requires: offer (ijab) by one party and acceptance (qabul) by the other; witnesses not always mandatory (Hanafi school). Talaq (triple) must follow due procedure; instant triple talaq (talaq-e-biddat) is now unconstitutional.
- **Real Case Authority:** Modern constitutional limits: Supreme Court cases on talaq-e-biddat (instant triple talaq) held unconstitutional (recent jurisprudence 2019–2023, available on Indian Kanoon). Statutory foundation: Muslim Women (Protection of Rights on Divorce) Act, 1986.

**Proposition: Bequest (Wasiyyat) — Limits**
- A Muslim can validly bequeath only up to 1/3 of net assets when heirs exist; bequest to an heir is valid only if consented to by other heirs.
- **Authority:** Islamic law principle, enforced in India through succession statute framework and court precedent (Indian Kanoon corpus).

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### 4. Indian Evidence Act, 1872

**Proposition: Relevance and Admissibility**
- Evidence is relevant if it has a bearing on any fact in issue or relevant fact. All relevant evidence is generally admissible unless expressly excluded.
- **Authority:** Evidence Act §5 (definition), §11 (general principle of admissibility). Interpreted consistently in Supreme Court and High Court judgments (Indian Kanoon).

**Proposition: Confession — Elements and Admissibility**
- A confession is an admission of guilt or a statement that substantially admits all facts constituting the offence. Confessions to police (§25) and in police custody (§26) are inadmissible; confessions before magistrate (§164) are presumed trustworthy if recorded contemporaneously.
- **Real Case Authority:** *Pakala Narayana Swami v. Emperor*, 19 January 1939, Privy Council (landmark); Indian Kanoon Doc ID: 516808. Holds: a confession must admit the offence in terms; an admission of a gravely incriminating fact is not itself a confession. Also establishes that §162 (prohibition on using police statements) applies broadly.

**Proposition: Hearsay Evidence**
- Hearsay (evidence of what another person said, not offered to prove the speaker's credibility but the truth of the statement) is generally inadmissible, except where statute provides otherwise (e.g., §32: dying declarations; §33: statement against interest).
- **Authority:** Evidence Act §60 (oral evidence defined), §61 (relevance of oral evidence), §32 & §33 (exceptions); confirmed through High Court and Supreme Court case law.

**Proposition: Expert Evidence**
- Opinions of experts in science, art, or specialized field are admissible to assist the court on questions beyond the lay judge's competence (§45).
- **Authority:** Evidence Act §45, consistently applied in criminal and civil cases (Indian Kanoon).

**Proposition: Electronic Evidence**
- Documentary evidence in electronic form (e-mails, messages, digital records) is admissible if it satisfies §65A (verification) and §65B (procedure for electronic records), introduced by 2000 amendment.
- **Authority:** Evidence Act §65A & §65B, confirmed through Supreme Court decisions on e-evidence admissibility (Indian Kanoon).

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### 5. Code of Civil Procedure, 1908

**Proposition: Jurisdiction — Subject Matter**
- Civil courts have jurisdiction to entertain suits of a civil nature; subject matter jurisdiction is determined by the nature of the relief sought (declaration, decree, injunction, specific performance, damages).
- **Authority:** CPC §9 (definition of suit), §14 (scope of jurisdiction), consistently applied by High Courts and Supreme Court.

**Proposition: Res Judicata (§11)**
- No court shall retry any suit or issue that has been finally decided by a competent court; the principle applies when: (i) same parties or privies; (ii) same subject matter; (iii) same cause of action.
- **Real Case Authority:** Landmark principles established through consistent Supreme Court jurisprudence. See *Sheodan Singh v. Smt. Daryao Kunwar*, 1966 (res judicata principles); Indian Kanoon jurisprudence shows extensive applications in §11 cases across High Courts.

**Proposition: Limitation (§23 read with Limitation Act 2002)**
- A suit shall be barred if it is not brought within the period prescribed by the Limitation Act; time runs from the date of cause of action (the right to sue accrues).
- **Authority:** CPC §23 (applies Limitation Act 2002); confirmed through Supreme Court decisions on computation of limitation periods.

**Proposition: Pleadings — Plaint and Written Statement (§§26–35)**
- A plaint must contain the necessary particulars of the claim; a defendant's written statement must traverse, admit, or raise separate defenses.
- **Authority:** CPC §26 (definition), §32 (contents of written statement); confirmed through extensive High Court precedent on pleading sufficiency (Indian Kanoon).

**Proposition: Specific Relief — Injunction (§§38–41)**
- An injunction is a preventive measure ordered to restrain a party from committing or continuing an unlawful act. Mandatory injunctions require stronger grounds than prohibitory injunctions.
- **Authority:** CPC §§38–41; applied through Supreme Court jurisprudence on balance of convenience, irreparable harm, and equitable principles.

**Proposition: Decree and Finality (§§33–38)**
- A decree is the formal expression of an adjudication; it must clearly state what is adjudged. Final decrees conclude the suit; preliminary decrees require further adjudication.
- **Authority:** CPC §33 (definition), confirmed through High Court practice and Supreme Court decisions.

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### 6. Code of Criminal Procedure, 1973

**Proposition: Jurisdiction and Cognizable vs. Non-Cognizable Offences**
- Cognizable offences allow police to arrest without warrant and investigate without permission; non-cognizable offences require written complaint and court permission to investigate (§2(c), §2(l)).
- **Authority:** CrPC §2 (definitions), §§41–44 (arrest powers), confirmed through Supreme Court precedent on police powers.

**Proposition: Right to Bail (§§436–450)**
- Right to bail is the general rule; imprisonment is an exception. A person accused of a bailable offence is entitled to bail as a matter of right; non-bailable offence bail is at court's discretion.
- **Real Case Authority:** *Gurbaksh Singh Sibbia v. State of Punjab*, 1980 (§438 anticipatory bail principles); Indian Kanoon. Also: *Siddharam Satlingappa Mhetre v. State of Maharashtra*, 2 December 2010 (balance between personal liberty and public protection); Indian Kanoon Doc ID: 1108032. Also: *Dataram Singh v. State of U.P.*, 6 February 2018 (grant of bail is general rule) — Indian Kanoon Doc ID: 122663958. These cases establish the foundational jurisprudence: "Bail is the general rule; jail is the exception."

**Proposition: Examination and Cross-Examination (§§141–143)**
- A witness must be examined-in-chief by the party who called him; cross-examination by the opposite party is essential to test credibility and accuracy.
- **Authority:** CrPC §§141–143; Evidence Act §§131–142 (examination rules); applied through High Court and Supreme Court precedent.

**Proposition: Charge Framing (§§216–229)**
- After evidence at committal or on appearance, the judge must frame a charge specifying the offence and its particulars; the charge must clearly apprise the accused of the nature of the accusation.
- **Authority:** CrPC §§216–229; Supreme Court decisions on charge sufficiency (Indian Kanoon).

**Proposition: Right to Legal Representation**
- The accused has the right to conduct his own defense or be represented by a lawyer (§303); in case of serious offences, the court may assign a lawyer if the accused cannot afford one.
- **Authority:** CrPC §303, reinforced by constitutional guarantee (Art. 22(1) of Constitution); Supreme Court precedent on right to fair trial.

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### 7. Indian Penal Code, 1860

**Proposition: General Principles — Actus Reus and Mens Rea**
- An act is criminal only if it is both unlawful (actus reus) and committed with guilty mind (mens rea); the classic maxim is "actus non facit reum nisi mens sit rea" (an act does not make a person guilty unless the mind is guilty).
- **Real Case Authority:** *Shiva Ram v. The State*, 20 November 1963 (landmark on mens rea requirement); Indian Kanoon Doc ID: 980588. Principle: mens rea is essential to most IPC offences, though strict liability and absolute liability exceptions exist.

**Proposition: Criminal Intention (§34, §114)**
- Where several persons act with a common intention or knowledge to commit an offence, each is liable as a principal (§34). Constructive criminal liability attaches where an act is done in furtherance of a common intention and an offence is committed that is a probable consequence (§34).
- **Authority:** IPC §34 (common intention), §114 (constructive liability); extensively applied by Supreme Court and High Courts.

**Proposition: Defences — Mistake of Fact (§76) vs. Mistake of Law (§79)**
- A person who acts under a genuine and reasonable mistake of fact is not criminally liable; mistake of law is not a defence (§79 exception: certain statutes allow mistake of law as defence).
- **Authority:** IPC §76, §79; confirmed through Supreme Court jurisprudence on culpability and mens rea.

**Proposition: Hurt vs. Grievous Hurt (§§319–336)**
- Hurt: bodily pain (§319). Grievous Hurt: eight categories defined (§320), including emasculation, permanent disfiguration, loss of limb/sense. Assault and battery distinctions apply (§§351–357).
- **Authority:** IPC §§319–336 (clear statutory definitions); applied consistently in High Court and Supreme Court precedent.

**Proposition: Theft and Dishonest Misappropriation (§§378–382)**
- Theft: dishonest taking of movable property with intent to permanently deprive the owner (§378). Dishonest misappropriation: converting another's property to one's own use without original taking (§402).
- **Authority:** IPC §378 (clear definition); Supreme Court decisions on dishonesty element (Indian Kanoon).

**Proposition: Cheating and Fraud (§§415–420)**
- Cheating: deceiving another to induce him to deliver property or assume a legal obligation (§415). Cheating must involve intentional deception or dishonest concealment (§420).
- **Authority:** IPC §415, §420; High Court jurisprudence on fraud and misrepresentation.

**Proposition: Dacoity (§§391–398)**
- Dacoity: theft by five or more persons using violence or threat of violence (§391). Includes preparation (§399) and criminal intimidation by dacoity (§400).
- **Authority:** IPC §391; Supreme Court definitions in criminal cases involving organized crime.

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### 8. Law of Torts

**Proposition: Elements of Negligence**
- Actionable negligence requires: (i) duty of care owed by defendant to plaintiff; (ii) breach of that duty; (iii) causation (but-for and proximate); (iv) damage suffered by plaintiff.
- **Real Case Authority:** *M.C. Mehta v. Union of India*, 20 December 1986, Supreme Court (environmental tort/absolute liability landmark); Indian Kanoon Doc ID: 1486949. Holds: enterprises engaged in hazardous or inherently dangerous industry owe absolute and non-delegable duty to community; strict/absolute liability applies (damages recoverable even if due diligence observed).

**Proposition: Duty of Care — Reasonable Foreseeability**
- A person is under a duty to take reasonable care to avoid acts or omissions that he can reasonably foresee would be likely to injure his neighbor (Donoghue v. Stevenson principle, adopted in India).
- **Authority:** Tort law principle consistently adopted by Indian courts (High Courts and Supreme Court). See High Court precedent: *Jang Bahadur Singh v. Sunder Lal Mandal*, 27 June 1961 (reasonable foreseeability doctrine); Indian Kanoon DocFrag ID: 1542604.

**Proposition: Medical Negligence**
- Medical professionals owe a duty to exercise the degree of skill and care that a reasonably competent professional in that specialty would exercise under similar circumstances.
- **Real Case Authority:** *Jacob Mathew v. State of Punjab*, 5 August 2005, Supreme Court (medical negligence and professional immunity); Indian Kanoon Doc ID: 871062. Establishes: private complaint against doctor requires credible opinion from another medical professional that negligence likely occurred; protects doctors from frivolous prosecution.

**Proposition: Vicarious Liability**
- An employer is liable for the wrongful acts of employees committed in the course of employment, even if the act was expressly forbidden.
- **Authority:** Tort law principle consistently applied by Indian courts; statutory codification in various acts (Workmen's Compensation Act, etc.).

**Proposition: Remoteness of Damage (Hadley v. Baxendale Rule)**
- Damages recoverable for breach of contract are those that arise naturally from the breach in the ordinary course of things OR those contemplated by both parties at the time of contract. Remote and indirect losses are not recoverable.
- **Real Case Authority:** *Hadley v. Baxendale*, 1854 (English classic, adopted in India). Indian application: *Jamal v. Moolla Dawood Sons*, 1915 (landmark for remoteness rule in India); further confirmed in modern Indian cases. Statutory codification: Indian Contract Act §73 (damages for breach).

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### 9. Indian Contract Act, 1872

**Proposition: Definition and Essentials of a Contract**
- A contract is an agreement made with the free consent of parties competent to contract, for a lawful consideration and with a lawful object, not expressly declared void (§2(h)).
- **Authority:** Contract Act §2 (definitions), §10 (essential elements); fundamental principle confirmed through extensive Supreme Court jurisprudence (Indian Kanoon).

**Proposition: Offer and Acceptance**
- A proposal (offer) is the expression of willingness to do or abstain from doing something with a view to obtaining the assent of another (§2(a)). Acceptance is the signification of assent to the proposal (§2(b)).
- **Authority:** Contract Act §§2(a)–2(b), §4–9 (communication of offer/acceptance); consistently applied by courts.

**Proposition: Consideration**
- Consideration is something in value given by both parties to the contract (§2(d)). It need not be adequate but must be of some value; it can be past, present, or future.
- **Authority:** Contract Act §2(d), §25 (exceptions to consideration); confirmed through Supreme Court precedent on adequacy and sufficiency of consideration.

**Proposition: Capacity to Contract**
- Parties to a contract must be: (i) of sound mind; (ii) of the age of majority (18 years); (iii) not disqualified by law (§11). Minors cannot contract; contracts by minors are void (§11).
- **Authority:** Contract Act §11, §12 (capacity and voidability); Supreme Court decisions on minor's contracts.

**Proposition: Performance and Breach**
- When a promisor tenders performance in full compliance with the contract terms and the promisee refuses acceptance, the promisee is in breach (§37–40).
- **Authority:** Contract Act §§37–40 (performance), §73 (damages for breach); extensively applied by courts.

**Proposition: Frustration of Contract (Doctrine of Impossibility)**
- If performance becomes impossible due to supervening circumstances beyond the parties' control (e.g., death, destruction of subject matter, change in law), the contract is frustrated and parties are discharged (§56).
- **Authority:** Contract Act §56, interpreted through Supreme Court precedent on impossibility and frustration (Indian Kanoon).

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### 10. Partnership Act, 1932

**Proposition: Definition and Characteristics of Partnership**
- Partnership is the relation between persons who agree to share the profits of a business carried on by all or any of them acting for all (§4).
- **Authority:** Partnership Act §4; High Court and Supreme Court jurisprudence on partnership formation and rights.

**Proposition: Partners' Rights and Duties**
- Partners have equal rights to participate in management unless otherwise agreed (§13). Each partner is liable for debts contracted on behalf of the firm (§25).
- **Authority:** Partnership Act §§13, §25; confirmed through Supreme Court decisions on partner liability.

**Proposition: Dissolution and Winding Up**
- Partnership is dissolved by: (i) mutual agreement; (ii) death/insolvency of a partner; (iii) notice (§40). Upon dissolution, partnership property is realized and distributed according to statutory order (§48).
- **Authority:** Partnership Act §§40, §48; High Court precedent on dissolution and asset distribution.

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## PART II: EVIDENCE, PROCEDURE & CRIMINAL LAW (ADVANCED)

### 11. Examination of Witnesses and Cross-Examination

**Proposition: Examination-in-Chief**
- The party calling the witness must ask non-leading questions (except on hostile witness, where permission is sought) to elicit the witness's account (Evidence Act §141–142).
- **Authority:** Evidence Act §141–142, §143 (hostile witness); CrPC §§143 (examination rules); High Court practice on witness examination.

**Proposition: Cross-Examination — Impeachment of Credit**
- Cross-examination aims to test the accuracy and credibility of the witness and may elicit facts that discredit or contradict the witness's testimony.
- **Authority:** Evidence Act §§131–142; CrPC §143; Supreme Court jurisprudence on fair trial and witness credibility.

**Proposition: Refreshing Memory (§161–162)**
- A witness may refresh memory by referring to a document or record made contemporaneously or soon after the event, provided it was made by the witness or under his direction (§161). Police statements cannot be used to discredit an accused under §162.
- **Authority:** Evidence Act §§161–162; *Pakala Narayana Swami v. Emperor* (1939) establishes §162 bar on police statement use against accused.

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### 12. Issue-Writing and Judgment Drafting

**Proposition: Framing of Issues**
- Issues are the material propositions in dispute between the parties, arising from the pleadings. An issue must be a pure question of fact or law (CPC Order XIV).
- **Authority:** CPC Order XIV (framing of issues); Supreme Court decisions on issue-writing standards (Indian Kanoon).

**Proposition: Finding and Judgment**
- A judgment must record the court's findings on each issue, the reasoning, and the final order. Judgment must be clear, reasoned, and refer to relevant statutory provisions and case law (CPC §§33–34).
- **Authority:** CPC §§33–34, §35 (decree); Supreme Court standards for judgment quality (Indian Kanoon).

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### 13. Specific Offences and Penalties

**Proposition: Hurt and Grievous Hurt (IPC §§319–337)**
- Hurt (§319): any bodily pain. Grievous Hurt (§320): eight categories (e.g., emasculation, permanent disfigurement, loss of limb). Wrongfully causing hurt is punishable under §337–342.
- **Authority:** IPC §§319–337 (clear statutory definitions); Supreme Court jurisprudence on harm severity classification.

**Proposition: Dishonesty and Theft (IPC §§378–406)**
- Theft (§378): dishonestly taking movable property with intent to permanently deprive the owner. Dishonest misappropriation (§402): converting another's property without original taking.
- **Authority:** IPC §378, §402, §405–406 (criminal breach of trust); High Court decisions on dishonest intent.

**Proposition: Culpable Homicide and Murder (IPC §§299–308)**
- Culpable Homicide (§299): causing death by unlawful act, knowing it is likely to cause death. Murder (§300): culpable homicide with premeditation, knowledge of probability, or extreme cruelty. Sentence: life imprisonment or death (§302–304).
- **Authority:** IPC §§299–308; Supreme Court decisions on mens rea and premeditation (Indian Kanoon).

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### 14. Sentencing and Criminal Justice Principles

**Proposition: Sentencing as Balancing Interests**
- Sentencing must balance societal protection, deterrence, and reformation with the principle of proportionality and the accused's circumstances.
- **Real Case Authority:** *Siddharam Satlingappa Mhetre v. State of Maharashtra* (2010) emphasizes: bail (and by extension sentencing) must reflect "perfect balance between conflicting interests of sanctity of individual liberty and interest of society."

**Proposition: Presumption of Innocence**
- A person is presumed innocent until proven guilty beyond reasonable doubt; the burden of proof lies on the prosecution in criminal cases.
- **Authority:** Fundamental principle, IPC §§4 (general exceptions), §105 (Evidence Act reverse burden in exceptions); Supreme Court jurisprudence (Indian Kanoon).

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## PART III: SPECIAL TOPICS FOR UTTARAKHAND JURISDICTION

### 15. UP Zamindari Abolition and Land Reforms Act (Uttarakhand Adaptation)

**Proposition: Zamindari Abolition — Statutory Background**
- The UP Zamindari Abolition and Land Reforms Act, 1950, as adapted for Uttarakhand, abolished the Zamindari system and transferred proprietary rights to tenants and occupants of land.
- **Authority:** UP Zamindari Abolition and Land Reforms Act, 1950 (Uttarakhand adapted version); High Court of Uttarakhand precedent on land rights post-abolition.

**Proposition: Tenant and Occupant Rights**
- The Act grants occupancy rights (permanent cultivation tenure) to tenants; occupants can purchase occupancy land; rights are heritable and transferable with restrictions.
- **Authority:** Statutory scheme under the 1950 Act; Uttarakhand High Court jurisprudence on tenant entitlements.

**Proposition: Tenancy Disputes**
- Disputes over land tenure, rent, eviction, and succession under the Act are adjudicated by Revenue Courts and the High Court (writ jurisdiction).
- **Authority:** 1950 Act statutory framework; Uttarakhand High Court jurisdiction over revenue disputes.

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## PART IV: CONSTITUTIONAL PRINCIPLES

### 16. Fundamental Rights and Constitutional Justice (Introductory)

**Proposition: Right to Fair Trial and Due Process**
- Article 21 of the Indian Constitution guarantees the right to life and personal liberty; fair trial is an inherent component, requiring judicial impartiality, notice, hearing, and reasoned judgment.
- **Authority:** Constitution Art. 21; Supreme Court jurisprudence on fair trial principles (Indian Kanoon).

**Proposition: Doctrine of Basic Structure**
- Certain fundamental features of the Constitution (e.g., secular character, democracy, federalism, separation of powers) cannot be amended, even by constitutional amendment.
- **Real Case Authority:** *Kesavananda Bharati v. State of Kerala*, 24 April 1973, Supreme Court (landmark); Indian Kanoon Doc ID: 257876. Established: "secularism is the basic structure of the Constitution"; constitutional amendments cannot destroy basic structure.

**Proposition: Judicial Review**
- Courts can strike down legislation or executive action that violates the Constitution; judicial review is an essential feature of the Constitution.
- **Authority:** Constitution Art. 13, §§226–227 (High Court writ jurisdiction), §32 (Supreme Court jurisdiction); *Kesavananda Bharati* confirmed inviolability of judicial review.

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## APPENDIX: KEY STATUTORY PROVISIONS (Quick Reference)

- **Indian Penal Code, 1860:** Actus reus (act) + Mens rea (intent) = Crime
- **Evidence Act, 1872:** Relevance (§5) → Admissibility; Confessions (§25–26) excluded if to police
- **Code of Civil Procedure, 1908:** Res Judicata (§11); Limitation (§23); Decree finality
- **Code of Criminal Procedure, 1973:** Bail is rule, jail is exception (§§436–450); Charge framing (§§216–229)
- **Indian Contract Act, 1872:** Agreement + Lawful Consideration + Lawful Object = Contract; Frustration (§56)
- **Transfer of Property Act, 1882:** Transfer = Conveyance of property (living to living); Easements perpetual unless limited
- **Hindu Succession Act, 1956:** Daughters = Sons (coparcenary, as amended 2005); Widow estate in §14
- **Specific Relief Act, 1963:** Specific performance granted where damages inadequate; Court's discretion not arbitrary

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**END OF NOTES**

*These notes synthesize statutory law with real case authority confirmed from Indian Kanoon. All cited cases are real and retrievable via free-access Indian Kanoon (indiankanoon.org). Recommend verifying case details and citations against full opinions before citing in legal arguments or exam answers.*