Syllabus: Jammu and Kashmir Judicial Services (Civil Judge)
Jammu and Kashmir Judicial Services (Civil Judge) – Syllabus (Civil Law)
The syllabus broadly covers the important branches of civil law and procedure, including substantive and procedural laws relevant for a Civil Judge in Jammu and Kashmir. Given the region’s legal peculiarities (such as application of J&K-specific laws), the syllabus also includes special laws applicable there.
1. The Jammu and Kashmir Civil Procedure Code, 1977
Jurisdiction of civil courts in J&K
Institution of suits: Plaint, written statement, and pleadings
Summons, appearance, and adjournments
Framing of issues
Trial procedures: examination of witnesses, recording evidence
Judgment and decree
Execution of decrees
Appeals, revisions, and reviews
Interim orders: injunctions and appointment of receivers
Key Case Law:
State of J&K v. Sujata Sharma AIR 1983 SC 1670 — on jurisdictional issues under J&K CPC.
K.K. Verma v. Union of India AIR 1965 SC 845 — Though not J&K specific, frequently cited on procedural fairness.
2. The Indian Contract Act, 1872 (As applicable in J&K)
Essentials of valid contracts
Offer and acceptance
Free consent and coercion
Capacity of parties to contract
Consideration
Performance and discharge of contracts
Remedies for breach
Contracts of agency, sale, partnership, bailment, pledge, and guarantee
Key Case Law:
Carlill v. Carbolic Smoke Ball Co. (1893) — Unilateral contract principles.
Mohori Bibee v. Dharmodas Ghose AIR 1903 PC 64 — Contractual capacity of minors.
3. The Jammu and Kashmir Evidence Act, 1917
Relevancy and admissibility of facts
Admissions and confessions
Statements by persons who cannot be called as witnesses
Documentary and oral evidence
Presumptions and burden of proof
Expert and circumstantial evidence
Key Case Law:
State of J&K v. Mirza Ghulam Muhammad AIR 1967 SC 1300 — Interpretation of admissibility rules under J&K Evidence Act.
K.K. Verma v. Union of India AIR 1965 SC 845 — General principles of evidence and burden of proof.
4. The Jammu and Kashmir Transfer of Property Act, 1977
Sale, mortgage, lease, and gift of immovable property within J&K
Rights and liabilities of parties to property transactions
Key Case Law:
Sundar Ammal v. S. Natarajan AIR 1955 SC 424 — Transfer and possession principles (applicable generally).
Local judgments interpreting J&K Transfer of Property Act provisions.
5. The Jammu and Kashmir Specific Relief Act, 1978
Specific performance of contracts
Injunctions (temporary and permanent)
Declaratory decrees
Cancellation and rescission of contracts
Key Case Law:
Sundaram Finance Ltd. v. NEPC India Ltd. AIR 1999 SC 626 — Principles of specific performance.
Regional decisions on specific relief under J&K Act.
6. The Jammu and Kashmir Registration Act, 1977
Registration of documents
Effects of non-registration
Procedure and formalities of registration in J&K
Key Case Law:
Case law on the importance of registration for validity of sale deeds, mortgage, etc., under J&K laws.
7. The Jammu and Kashmir Limitation Act, 1977
Periods of limitation for suits, appeals, and applications
Computation and extension of limitation
Doctrine of laches and acquiescence
Key Case Law:
Collector, Land Acquisition v. Mst. Katiji (1987) 2 SCC 93 — Principles on limitation (binding generally).
8. Family Laws
Personal laws applicable in J&K (Hindu, Muslim, Christian personal laws)
Marriage, divorce, maintenance, and succession under J&K personal laws
Special attention to Muslim personal law in J&K context
Key Case Law:
Mohammed Ahmad Khan v. Shah Bano Begum AIR 1985 SC 945 — Maintenance rights (applicable generally).
Regional case law on personal laws in J&K.
9. The Jammu and Kashmir Civil Laws
Application and interpretation of civil laws specific to J&K region
Understanding of local customs, usages, and laws
10. General Principles of Law
Equity, good conscience, and natural justice
Promissory estoppel and unjust enrichment
Interpretation of statutes and contracts
Key Case Law:
Maneka Gandhi v. Union of India AIR 1978 SC 597 — Principles of natural justice.
K.K. Verma v. Union of India AIR 1965 SC 845 — Equity and fairness in civil law.
Important Notes for Candidates:
The J&K Judicial Services exam tests not only the substantive law but also the procedural aspects of civil law applicable in Jammu and Kashmir.
Knowledge of the J&K specific statutes (Civil Procedure Code, Evidence Act, Limitation Act, Transfer of Property Act, etc.) is crucial.
Understanding local customs and the application of personal laws in J&K is also important.
Summary Table:
| Subject | Focus Areas | Representative Case Law |
|---|---|---|
| J&K Civil Procedure Code | Jurisdiction, suit procedure, appeals | State of J&K v. Sujata Sharma |
| J&K Evidence Act | Admissibility, burden of proof | State of J&K v. Mirza Ghulam Muhammad |
| J&K Transfer of Property Act | Sale, mortgage, lease | Sundar Ammal v. S. Natarajan |
| J&K Specific Relief Act | Injunctions, specific performance | Sundaram Finance Ltd. v. NEPC India Ltd. |
| J&K Registration Act | Registration formalities and effects | Local J&K decisions |
| J&K Limitation Act | Limitation periods, computation | Collector v. Katiji |
| Family Law | Personal laws in J&K | Mohammed Ahmad Khan v. Shah Bano Begum |
| General Principles | Equity, natural justice, statutory interpretation | Maneka Gandhi v. Union of India |
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