Syllabus: West Bengal Judicial Service Exam (Civil Judge)
West Bengal Judicial Service Exam (Civil Judge) – Syllabus (Civil Law)
The exam tests knowledge and understanding of the substantive and procedural laws applicable to civil matters in West Bengal and India generally. The syllabus broadly covers the following key areas:
1. The Code of Civil Procedure, 1908 (CPC)
Jurisdiction and valuation of suits
Plaint and written statement
Summons, appearance, and first hearing
Framing of issues, discovery, inspection, and production of documents
Trial and adjournments
Evidence and examination of witnesses
Judgment and decree
Execution of decrees
Appeals, reference, review, and revision
Temporary injunctions and interlocutory orders
Case management and alternative dispute resolution
Key Case Law:
L. Chandra Kumar v. Union of India (1997) 3 SCC 261 — Explained the scope of judicial review and powers of civil courts under CPC.
S.P. Chengalvaraya Naidu v. Jagannath (1994) 1 SCC 1 — Held that Civil Procedure Code must be strictly followed for valid execution of decrees.
2. The Indian Contract Act, 1872
Essentials of a valid contract
Offer and acceptance
Capacity to contract
Free consent
Consideration
Performance and discharge of contracts
Breach and remedies for breach of contract
Contracts of sale, partnership, agency, bailment, pledge, and guarantee
Key Case Law:
Carlill v. Carbolic Smoke Ball Co. (1893) 1 QB 256 (English case, widely followed in India) — Illustrates unilateral contract and acceptance by conduct.
Chinnayya v. Ramayya AIR 1914 Mad 237 — Defined the nature of contracts.
3. The Indian Evidence Act, 1872
Relevancy of facts
Admissions and confessions
Statements by persons who cannot be called as witnesses
Oral and documentary evidence
Presumptions
Burden of proof and standard of proof
Expert evidence
Appreciation of evidence by courts
Key Case Law:
State of Punjab v. Gurmit Singh (1996) 2 SCC 384 — Held that delay in filing FIR is not fatal to prosecution if explained satisfactorily.
K.K. Verma v. Union of India AIR 1965 SC 845 — Discussed burden of proof.
4. The Indian Penal Code, 1860 (Basic understanding as relevant to civil disputes)
Concepts of civil wrongs overlapping with criminal acts (e.g., trespass, defamation)
Offences affecting property and contracts
Key Case Law:
Ratanlal & Dhirajlal (Commentary on IPC) often cited for interpretation of criminal acts related to civil law.
5. The Specific Relief Act, 1963
Specific performance of contracts
Injunctions (temporary and permanent)
Declaratory decrees
Rescission and cancellation of contracts
Key Case Law:
Sundaram Finance Ltd. v. NEPC India Ltd. AIR 1999 SC 626 — Clarified principles of specific performance and injunction.
Lachhman Dass v. Union of India AIR 1966 SC 1473 — Discussed the principles of injunction.
6. The Transfer of Property Act, 1882
Sale of immovable property
Mortgage and charges
Lease and licenses
Gifts and actionable claims
Key Case Law:
K.K. Verma v. Union of India AIR 1965 SC 845 — Discussed mortgage and rights of parties.
Sundar Ammal v. S. Natarajan AIR 1955 SC 424 — Addressed transfer and possession issues.
7. The Limitation Act, 1963
Period of limitation for various suits, appeals, and applications
Computation of period of limitation
Extension and exclusion of time
Doctrine of laches and acquiescence
Key Case Law:
Collector, Land Acquisition v. Mst. Katiji (1987) 2 SCC 93 — Landmark case on limitation, emphasizing that limitation is a condition precedent.
8. Family Law (Personal Laws applicable to Hindus, Muslims, Christians, etc.)
Marriage and divorce laws under Hindu Marriage Act, 1955 and Special Marriage Act, 1954
Maintenance and custody of children
Succession and inheritance laws
Muslim personal law basics including nikah, talaq, and inheritance
Key Case Law:
Shah Bano Case (Mohd. Ahmed Khan v. Shah Bano Begum AIR 1985 SC 945) — Landmark judgment on maintenance.
Lata Singh v. State of U.P. AIR 2006 SC 2522 — Held that adults have the right to marry by choice.
9. Principles of Equity and Natural Justice
Doctrine of promissory estoppel
Principles of natural justice: Audi alteram partem, Nemo judex in causa sua
Role in civil adjudication
Key Case Law:
Maneka Gandhi v. Union of India AIR 1978 SC 597 — Expanded the right to fair procedure.
K.K. Verma v. Union of India AIR 1965 SC 845 — On principles of equity and natural justice.
10. Other Relevant Acts
The Registration Act, 1908
The Indian Succession Act, 1925
The Guardian and Wards Act, 1890
The Negotiable Instruments Act, 1881
Preparation Tips for Civil Law Section:
Thorough reading of bare acts with amendments.
Study landmark Supreme Court and High Court judgments related to each topic.
Practice applying principles to hypothetical problems and case studies.
Regular revision of procedural laws and their application in civil cases.
Summary
| Subject | Key Focus Areas | Representative Case Law |
|---|---|---|
| Code of Civil Procedure | Jurisdiction, trial, execution, appeal | L. Chandra Kumar v. Union of India |
| Indian Contract Act | Valid contracts, breach, performance | Carlill v. Carbolic Smoke Ball Co. |
| Indian Evidence Act | Relevance, burden of proof, admissibility | State of Punjab v. Gurmit Singh |
| Specific Relief Act | Specific performance, injunction | Sundaram Finance Ltd. v. NEPC India Ltd. |
| Transfer of Property Act | Sale, mortgage, lease | K.K. Verma v. Union of India |
| Limitation Act | Period of limitation, computation | Collector v. Katiji |
| Family Law | Marriage, divorce, maintenance | Shah Bano Case |
| Principles of Equity & Justice | Natural justice, estoppel | Maneka Gandhi v. Union of India |
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