LLB Examination Procedural Law and Law of Evidence Syllabus

Procedural Law and Law of Evidence syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Procedural Law and Law of Evidence in LLB Examination, not a summary of it.

1. 1

   Code of Civil Procedure: Jurisdiction and Institution of Suits

   4 topics

   • Jurisdiction of Civil Courts
   • Res Judicata and Res Sub Judice
   • Place of Suing
   • Institution of Suits and Pleadings
2. 2

   Code of Civil Procedure: Trial and Execution

   5 topics

   • Issues, Discovery and Inspection
   • Appearance and Examination of Parties
   • Judgment and Decree
   • Execution of Decrees
   • Appeals, Review and Revision
3. 3

   Code of Criminal Procedure: Investigation and Arrest

   4 topics

   • Constitution of Criminal Courts
   • Arrest, Bail and Bonds
   • FIR and Police Investigation
   • Cognizable and Non-Cognizable Offences
4. 4

   Code of Criminal Procedure: Trial and Appeal

   4 topics

   • Cognizance and Framing of Charge
   • Trial Before Court of Session and Magistrates
   • Judgment and Sentencing
   • Appeals, Reference and Revision
5. 5

   Law of Evidence: General Principles

   4 topics

   • Relevancy of Facts
   • Admissions and Confessions
   • Dying Declarations
   • Opinion of Experts
6. 6

   Law of Evidence: Proof and Witnesses

   5 topics

   • Oral and Documentary Evidence
   • Burden of Proof
   • Presumptions
   • Estoppel
   • Examination of Witnesses

Procedural Law and Law of Evidence flashcards for LLB Examination

24 of 50 cards from the Procedural Law and Law of Evidence deck — real questions with worked answers.

1. Under the Code of Civil Procedure 1908, what is the definition of a 'decree' as given in Section 2(2)?

   A decree is the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. It may be preliminary or final, and includes the rejection of a plaint and determination of questions under Section 144, but excludes adjudications from which an appeal lies as an appeal from an order, and orders of dismissal for default.

2. Under the CPC 1908, how does Section 2(14) define an 'order'?

   An 'order' is the formal expression of any decision of a civil court which is not a decree. (Decrees conclusively determine rights in a suit; orders are all other formal decisions.)

3. What is the essential difference between a 'decree' and an 'order' under the CPC?

   A decree arises only from a suit and conclusively determines the rights of parties on matters in controversy; an order need not arise from a suit and generally does not conclusively determine substantive rights. Decrees may be preliminary or final and a second appeal can lie; orders are never preliminary/final in that sense and only certain orders are appealable.

4. What three conditions must be satisfied for a civil court to have jurisdiction over a suit?

   The court must have (1) pecuniary jurisdiction (the suit value is within its monetary limits), (2) territorial/local jurisdiction (the cause of action or subject matter falls within its geographical area), and (3) jurisdiction over the subject matter (the type of suit is one the court is competent to try).

5. What does Section 9 of the CPC provide regarding the jurisdiction of civil courts?

   Section 9 provides that the courts shall (subject to the provisions of the Code) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. A suit in which the right to property or to an office is contested is a suit of a civil nature even if it depends entirely on a question of religious rites or ceremonies.

6. Distinguish between 'inherent lack of jurisdiction' and an 'error in exercise of jurisdiction' in civil proceedings.

   Inherent lack of jurisdiction means the court had no power to try the matter at all, rendering its decree a nullity that can be challenged even in execution or collaterally. An error in exercise of jurisdiction is a wrong decision by a court that possessed jurisdiction; such a decree is valid until set aside and must be corrected by appeal or revision, not treated as void.

7. State the doctrine of res judicata under Section 11 of the CPC.

   Res judicata bars a court from trying any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties (or parties under whom they claim) litigating under the same title, in a competent court, and has been heard and finally decided. It prevents re-litigation of a matter already decided.

8. List the essential conditions (ingredients) required to apply res judicata under Section 11 CPC.

   (1) The matter directly and substantially in issue must be the same in both suits; (2) the former suit was between the same parties or those claiming under them; (3) the parties litigated under the same title; (4) the court that decided the former suit was competent to try the subsequent suit; and (5) the matter was heard and finally decided in the former suit.

9. What is 'constructive res judicata' under Explanation IV to Section 11 CPC?

   Constructive res judicata provides that any matter which might and ought to have been made a ground of defence or attack in the former suit shall be deemed to have been a matter directly and substantially in issue in that suit. A party cannot raise in a later suit a plea that it could have, but failed to, raise earlier.

10. Explain the doctrine of res sub judice under Section 10 of the CPC.

    Res sub judice (stay of suit) bars a court from proceeding with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties litigating under the same title in a competent court. The later suit is stayed until the earlier one is decided, to prevent two parallel trials and conflicting decisions.

11. Compare res judicata (Section 11) and res sub judice (Section 10) of the CPC.

    Res sub judice applies when two suits on the same matter are pending simultaneously and stays the later suit; res judicata applies when a matter has already been finally decided and bars a fresh suit. Res sub judice relates to a previously instituted but undecided suit; res judicata relates to a former suit already heard and finally decided.

12. Under Section 15 of the CPC, in which court must every suit be instituted?

    Every suit shall be instituted in the court of the lowest grade competent to try it. This rule of pecuniary classification ensures that suits start at the lowest competent court and do not unnecessarily burden higher courts.

13. Under Sections 16 to 18 of the CPC, where must suits relating to immovable property be instituted?

    Suits for recovery, partition, foreclosure, sale, redemption, determination of rights or interest in, or for compensation for wrong to, immovable property must be instituted in the court within whose local jurisdiction the property is situated (Section 16). Where property is within the jurisdiction of different courts, the suit may be instituted in any one of them (Section 17); where there is uncertainty about jurisdiction, Section 18 applies.

14. Under Section 20 of the CPC, where may suits not otherwise provided for (e.g., for movables or compensation) be instituted?

    Such suits may be instituted in a court within whose local limits (a) the defendant (or each defendant, or any one of them with leave/acquiescence) actually and voluntarily resides, carries on business, or personally works for gain, or (b) the cause of action wholly or in part arises.

15. What is a 'plaint' in civil procedure and what must it contain under Order VII CPC?

    A plaint is the written statement of the plaintiff's claim that institutes a suit. Under Order VII Rule 1 it must contain the name of the court, names/descriptions of parties, facts showing the cause of action and when it arose, facts showing jurisdiction, the relief claimed, and the value of the subject matter for jurisdiction and court fees.

16. Under Order VII Rule 11 CPC, on what grounds shall a plaint be rejected?

    A plaint shall be rejected where (a) it does not disclose a cause of action; (b) the relief claimed is undervalued and not corrected within time; (c) it is insufficiently stamped and the deficiency is not made good within time; or (d) the suit appears from the statement in the plaint to be barred by any law.

17. What is a 'written statement' and within what context is it filed under the CPC?

    A written statement is the defendant's pleading filed in answer to the plaint (Order VIII), in which the defendant admits or denies the plaint's allegations, raises defences, and may set up a set-off or counter-claim. Denials must be specific; allegations not specifically denied are deemed admitted.

18. What is the fundamental rule of pleadings under Order VI Rule 2 of the CPC?

    Every pleading must contain only a statement in a concise form of the material facts on which the party relies, but not the evidence by which they are to be proved. The cardinal rule is 'plead facts, not law and not evidence.'

19. Under the CPC, what is the difference between 'set-off' and 'counter-claim'?

    A set-off (Order VIII Rule 6) is a defendant's claim to set off an ascertained sum of money legally recoverable against the plaintiff's claim, pleaded as a defence. A counter-claim is an independent cross-claim by the defendant against the plaintiff treated as a cross-suit, which can be adjudicated even if the plaintiff's suit is dismissed or withdrawn.

20. What are 'issues' in a civil suit and when does the court frame them under Order XIV CPC?

    Issues are the disputed points of fact or law on which the parties are at variance, framed by the court from the allegations made in the pleadings and the documents/examination of parties. They are settled (framed) at the first hearing after the written statement is filed, and the decision of the suit turns on these issues.

21. Distinguish between an 'issue of fact' and an 'issue of law' under Order XIV CPC.

    An issue of fact arises when a material proposition of fact is affirmed by one party and denied by the other and must be decided on evidence. An issue of law arises on a disputed question of law (such as jurisdiction or a bar by law) and the court may, where an issue of law relating to jurisdiction or a legal bar can dispose of the case, try that issue first.

22. What is 'discovery' under Order XI of the CPC and what are its two forms?

    Discovery is the pre-trial process by which one party obtains from the other disclosure of facts or documents relevant to the suit. Its two forms are discovery by interrogatories (written questions served, with leave of court, to be answered on affidavit) and discovery of documents (compelling the opposite party to disclose documents in its possession or power).

23. What is 'inspection' of documents under Order XI of the CPC?

    Inspection is the right of a party to examine the documents referred to in the other party's pleadings or affidavits, or disclosed in the affidavit of documents. A notice to produce for inspection is served, and the party may take copies; failure to allow inspection can result in the document not being received in evidence.

24. Under Order X CPC, what is the purpose of the examination of parties by the court?

    At the first hearing the court examines the parties orally to ascertain whether they admit or deny the allegations of fact in the pleadings, recording admissions and denials. This ascertains the matters genuinely in controversy and assists the court in framing accurate issues, and the court may direct the parties to attempt alternative dispute resolution.

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