OPSC Judicial Service Recruitment Syllabus

Subject

Syllabus

Constitution of India

• Constitution’ meaning of the term, Indian Constitution: Sources and constitutional history, Features: Citizenship, Preamble, Fundamental Rights and Duties, Directive Principles of State Policy

• Union Government and its Administration: Structure of the Indian Union: Federalism, Centre- State relationship, President: Role, power and position, PM and Council of ministers, Cabinet and Central Secretariat, Lok Sabha, Rajya Sabha

• State Government and its Administration: Governor: Role and Position, CM and Council of ministers, State Secretariat: Organisation, Structure and Functions

• Local Administration: District’s Administration head: Role and Importance, Municipalities: Introduction, Mayor and role of Elected Representative, CEO of Municipal Corporation, Pachayati raj: Introduction, PRI: Zila Panchayat, Elected officials and their roles, CEO Zila Pachayat: Position and role, Block level: Organizational Hierarchy (Different departments), Village level: Role of Elected and Appointed officials, Importance of grass root democracy.

• Election Commission: Election Commission: Role and Functioning, Chief Election Commissioner and Election Commissioners, State Election Commission: Role and Functioning, Institute and Bodies for the welfare of SC/ST/OBC and women

Code of Civil Procedure

Suits in General:

• Definition – Decree, decree holder, judgment, judgment debtor, legal representative, mesne profit, order and pleader, Cause of action.
• Jurisdiction of the Courts (Subject matter, territorial and pecuniary)
• Res subjudice
• Res judicata
• Foreign Judgment

Suits:

• Parties to Suits.
• Framing of Suits.
• Pleadings generally (Order VI).
• Plaint – Order VII.
• Written Statement- Order VIII (Set-off & Counter-claim).
• Appearances – Exparte Decree, dismiss for default.
• Costs and Interest
• Filing a Caveat

Trial of suits and Execution of Decrees:

• Summons-Issue and Service of Summons.
• Summoning and Attendance of witnesses.
• Withdrawal and adjustment of Suits.
• Examination of parties by the court.
• Temporary & permanent injunction and Interlocutory Orders.
• Arrest and Attachment before Judgment.
• Execution of Decrees – Executing Court, Modes of Execution etc.

Appeals, Reference, Review and Revision:

• General provisions relating to appeals
• First Appeal
• Second Appeal
• Appeals to the Supreme Court
• Appealable Orders
• Reference
• Review
• Revision
• Inherent Powers of Court

Special suits:

• Suits by/against minors and persons of unsound mind.
• Suits by/ and against indigent people.
• Suit by/and against the Government.

The Limitation Act, 1963:

• General Provisions as to the Bar of Limitation and Extension of the prescribed time (Sections 1-5)
• Legal Disability, exclusion of time etc. (Sections 6-24)
• Acquisition and Extinguishment of Proprietary rights by the virtue of limitation (Sections 25-27)

Code of Criminal Procedure

Arrest:

• Meaning and purpose of arrest
• Arrest with a warrant
• Arrest without a warrant
• Arrest by a private Person
• Arrest of a woman
• Arrest how made

Search and Seizure:

• Search with a warrant
• Search without warrant
• General provisions relating to searches
• Illegalities in a search and its consequences

Investigation:

• Meaning and purpose of Investigation
• Who can investigate?
• When police can investigate?
• Information to the police
• F.I.R. and procedure after the recording of the F.I.R
• Evidentiary value of statements made to the police
• Investigation in the case of unnatural deaths and suicides, in police custody

Bail:

• Bail: concept, purpose: constitutional overtones
• When release on bail is mandatory?
• When release on bail is Discretion?
• Anticipatory bail

Charge:

• Framing of charge
• Form and content of charge
• Separate charges for distinct offence
• Discharge – pre-charge evidence

Trials:

• Trial before a court of session
• Trial of warrant cases
• Procedure for trial in a summons case
• Summary trials

Appeal, Reference, Revision and Transfer:

• Appeal
• Reference to High Court
• Revision
• Transfer of cases

Maintenance of wives, children and Parents:

• Essential conditions for granting maintenance
• Jurisdiction of Magistrates
• Alteration of allowance
• Cancellation of the order of the maintenance

Evidence Act

• Doctrine of res gestae
• Conspiracy
• Plea of alibi
• Other relevant fact (Section 7, 8,9,12, 13, 14, 15, 16,34, 42,43 and 44)
• Admission
• Confessions 28-31
• Dying Declaration
• Relevancy of certain evidence for proving the truth of facts in subsequent proceeding (section 33)
• Expert Testimony
• Opinion of third person
• Character when relevant
• Oral, documentary, primary and secondary evidence (Section 59- 65)
• Public and private documents
• Presumption (Section 79, 80, 85, 85A, 85B, 85C, 88A, 90 And 90A)
• Exclusion of oral by documentary evidence
• Ambiguous documents
• Burden of Proof
• Estoppel
• Witnesses
• Privileged Communications
• Accomplice
• Examination of witnesses (section 136-140, 143-153 and 155)
• Leading questions (Section 141,142)
• Hostile witness (Section 155)
• Refreshing Memory (Section 159)

Indian Penal Code

• Essential Elements of Crime – Actus Reus & Mens Rea and Stages of Crime
• General Explanations
• Punishments
• General Exceptions
• Abetment
• Hurt & Grievous Hurt
• Wrongful Restraint & Confinement
• Theft, Extortion, Robbery, Dacoity
• Criminal Misappropriation of Property & Criminal Breach of Trust
• Receiving Stolen Property & Cheating
• Mischief & Criminal Trespass
• Offences relating to Documents
• Offences relating to Marriage – Bigamy, Adultery Cruelty
• Crime against Women
• Criminal Intimidation
• Insulting Modesty of Woman
• Defamation
• Attempt to Commit Offences

Limitation Act

• Definition – Decree, decree holder, judgment, judgment debtor, legal representative, mesne profit, order and pleader, Cause of action.
• Jurisdiction of the Courts (Subject matter, territorial and pecuniary)
• Res subjudice
• Res judicata
• Foreign Judgment
• Parties to Suits.
• Framing of Suits.
• Pleadings generally (Order VI).
• Plaint – Order VII.
• Written Statement- Order VIII (Set-off & Counter-claim).
• Appearances – Exparte Decree, dismiss for default.
• Costs and Interest
• Filing a Caveat
• Summons-Issue and Service of Summons.
• Summoning and Attendance of witnesses.
• Withdrawal and adjustment of Suits.
• Examination of parties by the court.
• Temporary & permanent injunction and Interlocutory Orders.
• Arrest and Attachment before Judgment.
• Execution of Decrees – Executing Court, Modes of Execution etc.
• General provisions relating to appeals
• First Appeal
• Second Appeal
• Appeals to the Supreme Court
• Appealable Orders
• Reference
• Review
• Revision
• Inherent Powers of Court
• Suits by/against minors and persons of unsound mind.
• Suits by/ and against indigent people.
• Suit by/and against the Government.
• General Provisions as to the Bar of Limitation and Extension of the prescribed time (Sections 1-5)
• Legal Disability, exclusion of time etc. (Sections 6-24)
• Acquisition and Extinguishment of Proprietary rights by the virtue of limitation (Sections 25-27)

Transfer of Property Act

• Movable & Immovable Property
• Instrument
• Attestation
• Registration
• Attached to earth
• Actionable claim
• Notice
• Movable and Immovable property
• Transfer of property- meaning and elements
• What kinds of property can be transferred
• Restrictions on alienation of property
• Restrictions on enjoyment of property
• Transfer to unborn person
• Rule against perpetuity
• Vested and contingent interests
• Conditional transfers
• Ulterior transfer
• Doctrine of election
• Rule relating to apportionment
• Doctrine of holding out
• Feeding the grant by estoppel
• Doctrine of priority
• Transfer lis pendens
• Doctrine of part performance
• Meaning, essentials and kinds of mortgage
• Right to redeem
• Right to foreclosure or sale
• doctrine of priority
• Doctrine of marshalling and contribution
• Doctrine of subrogation
• Charges

Contract Act

• Contract: Meaning, Nature and Types
• Historical Background of Indian Contract Laws
• Indian Contract Act, 1872
• Major Definitions under Indian Contract Act, 1872
• Formation of an Agreement
• Intention to Create Legal Relationship
• Proposal and Acceptance- Their various forms, Essential Elements
• Communication
• Revocation- Mode of Revocation of Offer
• What agreements are Contracts
• Legal Disability to Enter into Contract
• Minors, Persons of Unsound Mind
• Effects of Minors Agreement
• Persons disqualified by Law
• Liability for Necessaries Supplied to the Minor
• Indian Contract Act, 1872, (Ss. 10 – 12, 64, 65, 68); Specific Relief Act, 1963, (S.33); Indian Majority Act, 1875.
• Consent – Definition
• Free Consent and Vitiating Elements
• Coercion
• Undue Influence
• Misrepresentation
• Mistake
• Effect on Contracts influenced by any factor Vitiating Free Consent
• Meaning and Nature of Consideration – NudumPactum
• Doctrine of Privity of Contract and of Consideration- Its Exceptions
• Exceptions of consideration
• Adequacy of Consideration: Present, Past and Adequate Consideration
• Unlawful Consideration and its Effect.
• Indian Contract Act, 1872: Sections 2(d), 2(f), 23 and 25
• Legality of Object
• Void and Voidable Agreements
• Agreements against Public Policy
• Agreements with Unlawful Consideration
• Agreements without Consideration
• Agreements in Restraint of Marriage
• Agreements in Restraint of Trade
• Agreements in Restraint of Legal Proceedings
• Ambiguous and Uncertain Agreements
• Wagering Agreements – Its exceptions
• Contingent Contracts
• By Performance
• Performance by Joint Promisors
• Discharge by Novation – Remission
• Accord and Satisfaction
• Appropriation of Payments
• Discharge by Impossibility of Performance – Doctrine of Frustration
• Discharge by Breach – Anticipatory Breach – Actual breach
• Recovering possession of property (Sec.- 5 to 8)
• Specific Performance: Ss. 9 – 24 of Specific Relief Act, 1965
• Injunctions: Ss. 36 – 41 of Specific Relief Act, 1965
• Declaratory Decrees (Sec.- 34 to 35)
• Preventive Relief (Sec.- 36 to 43)

Law of Succession (Indian Succession Act and Hindu Succession Act)

Specific Relief Act

Paper

Syllabus

Paper-1 General English

• Translation and Retranslation of ten lines each
• A short essay of about 150 words
• Precis Writing consisting of 300 words
• One passage of about 500 words with 5 questions

Paper-2 Procedural Laws

• The Code of Criminal Procedure, 1973
• The Code of Civil Procedure, 1908
• The Indian Evidence Act, 1872

Name of the Paper

Syllabus

Paper-1 (Law of Crime and Law of Torts)

Law of Crime and Law of Torts

Paper-2 (Personal Law)

• Hindu Law
• Mohammedan Law

Paper-3 (Law of Property)

• Transfer of Property Act, 1882
• Specific Relief Act, 1963
• Indian Limitation Act, 1963

Paper-4 (Law of Contract)

• Indian Contract Act, 1972
• Sales of Goods Act, 1930
• Partnership Act, 1932
• Negotiable Instrument Act, 1881

Paper-5 (Jurisprudence and Constitution of India)

Jurisprudence and Constitution of India