How to memorise content for Judicial Service Exams?

Assuming you have read this, let's head straight to what you came here for: 

• Read the Bare Act with the reference material we talked about the last time. If this is your first reading, pay attention to having understood the concepts rather than the amount of time you are taking. After 2-3 readings, you should pick up the pace. Now focus on the content as well as your speed.
• Revise the week’s learnings on the weekend. Do not study anything new on Sundays. Only revise.
• After you complete a subject, solve as many MCQs as you can. Buy a good standard MCQ book from the market. 1 or 2 books is sufficient. You do not need more. You can alternatively solve previous year questions accessible here. But having a book of MCQs is preferable.
• Similarly book month's end to revise what you learnt throughout the month. Also a good time to attempt answer writing. Samples can be found here. Will regularly keep updating it. Try solving previous year mains questions of the state you are aiming/whose exam is due next.
• If there is a flow-chart list of date, etc you have to learn, make it your phone's wallpaper.

Make a chart of the trivias you need to learn and stick them on your bedroom wall. Write the information in big bold letters so that you can read it from whichever corner of your room you're present in. Stick/hang it on the wall and make it a point to read it whenever free, or while you brush your teeth, eat your meals and before going to bed. An example could be:  

• Which feature of our constitution is borrowed from which country.
• Stages of a criminal trial.
• List of Fundamental Rights, Fundamental Duties, Directive Principle of State Policies, et alia.
• GK/GS Trivia.
• Mnemonics. These are a playful and over an underrated way to learn things. If you have to learn a list say, definition clause of the code of criminal procedure, you can weave a mnemonic around it by incorporating the first one-three alphabets. Keep revising and singing it and in no time you will have learnt it. Once you do, you will never get confused about which definition came first.

• A month or two before the exam, start solving test papers. Read up on topics you think you are lacking.
• Whenever you have a doubt, ask your teachers and your peers. Try taking help from the internet. Study in a group of 2-3 people if possible. Ensure the group-study is not decreasing your efficiency.
• Even with your regular studies, solve atleast 10 MCQs everyday. Dedicate one hour to GS/Language.

• Again, I cannot stress the importance of solving as many questions as possible. YOU MUST solve all the past year papers that you possible can. The charm of solving question papers is that the question in your examination is most likely to come from one of these sources only.

• When there's a lot to learn, and things get monotonous, try this: Ask everyone to empty your room and lock it. Now sit/stand and imagine that you're there teacher and there's a whole class you've to teach the topic to. So now instead of sleepily going through your text, read it aloud to your class. And then try and explain it to the class. When you're explaining it out aloud, it will be a much better learning than plain reading.

• If you are comfortably introduced to a subject, and want to pick it up after a long time, then first read the bare Act without skipping any section. Now, read the bare Act with the reference material. Now, go through the notes you made if it has been a long time. If not, then reading bare act with notes should do. Keep updating your notes to include any landmark judgment. Always end a session with tests. If you have completed the subject, go for solving all previous year MCQs of all the states related to that subject. Attempt answer writing. If you are in the middle of it, follow the 10 MCQ rule I told you about above.

• Keep an eye out for exams that are conducted. Even if you don't want to appear for the State, it is a good idea to procure the question paper and solve the questions pertaining to subjects of your interest, or keep them for later. Chances are, they might be repeated again.

What to Study?

In order to figure out what to study, you must diligently study the previous year question papers first. You may find them here. They are your guiding light. Nothing will prepare you more in terms of the syllabus and level of questions asked as much as the previous year papers. 

Be it pre or mains, your study resources will look more or less like this:

• Bare Act: Procure bare Acts of all the subjects included in the syllabus. Double check that you have the latest, amended version. You can note down minor amendments in your old bare Act, or print and attach them, or buy a new bare Act; whatever floats your boat. Bare Acts are your primary source of knowledge. Never ignore even a single section. Read them as many times as you can. Needles to say, the sections that are most frequently asked must be on your fingertips. While examining previous-year papers, you can tick the sections that have been asked. In the end you will see some sections have more number of ticks than the others but all of them are important. Never skip reading sections that don't look important to you. Give each section a simple, plain read and put more emphasis on sections that have been frequently asked.
• Reference Material: This can be your coaching notes, or student-level textbooks of the subjects. Kindly refrain from voluminous books that are only for research purposes, howsoever popular they may be. Do not refer to too many books for a single subject. Too many cooks spoil the broth. Pick the best ones. Some examples are:
• CPC: Takwani
• CrPC: Kelkar
• Constitution: V.N. Shukla, J.N. Pandey
• Contract Act: Avtar Singh
• Torts: Bangia
• Notes: Do not, I repeat, DO NOT study from someone else's notes. It's not the end-product that is beneficial, but the process. In the process of making notes, you will study a section and then refer to it from your coaching material/textbook. After understanding all nuances of the topic, you will jot down what seemed important to you and try to give it a structure. You might need to refer to the bare-Act or textbook again. You will only note down something after you have clearly understood it. It is this process of reading and re-reading which will give a definite structure to the concept in your head. Now, who do you think will have a better understanding of the topic? You, who read the bare-Act, textbook, Cases, previous year questions and then made the notes or your friend, who simply picks up your notes and heads to mug it up? Take part in this beautiful process and then make your notes, but make them in such a way that at the eleventh hour, a simple reference to the notes would do.
• Caselaws: You will find the relevant/landmark cases on each topic in your reference material. For latest cases, follow websites that report latest cases and note the relevant ones subject-wise in your notebook. Do not write more than a paragraph. Summarise the issues and the ruling. If it is a landmark judgment like the Aadhaar Judgment, Sabrimala or the Ayodhya verdict, then you may write longer case-summaries too. Try to also pay attention to the bench in such landmark cases. If there is a landmark judgment related to a topic you are reading, also write the case-name under the relevant topic in your notes.

Answer Writing : Civil Procedure Code, 1908

Q. Define legal set-off and counter claim? Differentiate between legal setoff and counter claim. Also, discuss the concept of equitable setoff with relevant case laws?                                                                              [10 Marks]

Answer:  

Legal Set-off: In a money suit, the defendant can claim an amount due to him by the plaintiff, in the same legal capacity or relations by virtue of Rule 6 of Order VIII of the Code of Civil Procedure, 1908 (hereinafter referred to as the “CPC”). Such a claim is called a setoff.

Counter Claim: On the other hand, Rules 6A to 6G of Order VIII of CPC enable the defendant to claim a sum of money or any other right from plaintiff and the same is called a counterclaim. Both assume the nature of cross-suit, and the original plaintive must file a written statement in answer to these. Both must not exceed the pecuniary limits of the courts where they are filed.

Some points of distinction between the two are:

Set-Off	Counter Claim
1.     Only an ascertained sum of money can be pleaded. 2.     It is filed at the first hearing. 3.     Both parties must set off in the same capacity as the original suit, though capacities may be reversed. 4.     As per Section 3, Limitation Act, 1963 it is deemed to have been filed on the date of institution of the suit.	1.     Money or any other right or title can be pleaded. 2.     It can be filed till the defendant files his written statement. 3.     Treated as a plaint and rules under Order VII, CPC apply upon it. 4.     As per the same provision, it is deemed to have been filed on the day it is filed.

Equitable Setoff

Equitable Setoff is a common law concept. There is no provision relating to it in the CPC though courts have recognized it under Order 20, Rule 19(3), CPC. Unlike legal setoff, as per the decision in Union of India v/s Karamchand, equitable set-off can also be for an unascertained sum of money, in a money suit. The claim should be legally recoverable & both claims should arise from the same transactions. The major advantage of an equitable setoff is that the party can also claim an amount which is otherwise barred by limitation. Also, no court fee needs to be filed for a claim that is equitably deductible. But unlike legal setoff, an equitable setoff cannot be claimed as a matter of right and allowing the claim is at the discretion of the Court.  

Answer Writing Checklist

As I was writing answers for my book, it struck me what if I am not able to convey my idea of a model-answer through these samples? What if instead of focussing on the structure, a candidate focuses too much on the content alone? An answer is equal parts content and equal parts structure. I thus hurriedly made a list of things that I think are essential to be borne in mind before writing an answer. This is not an exhaustive list and as and when something will come to mind, I will add it here. Thus, you may keep revisiting this periodically to check for new updates, and to revise the old ones. 

The following are the essentials of 'my' model-answer:

• Keep the answer short. Nobody has the time to read a lengthy answer. Just focus on what is being asked and move on. The examiner checks with an indicative answer-key which enlists all the legal points your answer needs to have and he thus awards marks accordingly. He probably has some 40-50 answer-sheets to finish till he can call it a night and will not appreciate unnecessary ramblings.
• Needless to say, there is only one accepted way to tackle a problem based question which is guaranteed to fetch you marks and save some time. It is the beautiful IRAC method, to which I was introduced in my early years of law-school and have ever since taken a strong liking to it. IRAC stands for Issue-Rule-Analysis-Conclusion. It is pretty self explanatory. The chronology you will follow will be: 1. Identifying the issue(s), 2. Writing down the Rule i.e the legal provisions or, if it is a case-based law then that, 3. Analysis is where you will bring together the rule and the issue and examine the issue through the lenses of the rule you just wrote. This part will also include landmark or relevant cases, if any. Seriously, don't stress about case-laws too much. If you can recall them it's okay. if not, your analysis will still fetch you good marks; and lastly 4. Conclusion where you simply pronounce the outcome in one or two lines. Answer writing samples can be found here.
• The basic structure of a typical descriptive type answer, if it bears 10 marks or more should be something like this: an introduction, acknowledging what you will deal with, the legal provisions concerning the problem, a discussion including landmark case-laws, if any, and a one/two line conclusion. It will be wise to follow the IRAC chronology, just not as objectively and strictly. The issue part is substituted by a wider, introduction part. But be careful not to over-introduce the topic. Introduce the topic in simple and concise words.  In the declaratory decree answer here, I have made sub-topics to provide clarity but the actual answer should be shorter. Answer writing samples can be found here. 
• Refer to the full name of the legislation you are referring to, and if you have to refer to it multiple times in the answer, assign an acronym to it. For example, don't write "under section 9 of the CPC". Instead write "under Section 9 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "CPC")". In later parts of the answer, you may refer to it simply as 'CPC'.
• Remember, in answer writing an act and an Act aren't the same thing, when it comes to legal writing. An act is a verb and an Act refers to the piece of legislation you have earlier referred to. Example: "thus it seems imperative that A'a act would amount to breach of contract under the Act."
• Sometimes it is good to refer to the purpose of the law on which the question is asked. For example, if it is a question asking whether the parties are liable to get a divorce or not, I would refer to the purpose of a marriage under the law applicable to the parties, and thus move on to say whether that is being fulfilled in the instant case or not, and then substantiate that with the actual legal provision, if it is codified (as we know, some grounds are not codified under muslim law). Long essays could be written on the purpose of marriage, thus I would stick to introducing all the key elements and not dwell too much on the philosophical aspect. Again, one or two sentences max.
• Did you notice how I used 'max' in the above sentence? Using this kind of language is a strict no-no. Leave all the cool lingos outside the examination hall. Use proper, 'formal' words.
• If you think that though the answer has been asked under one 'subject' (because this is how we aspirants see each piece of legislation when it comes to the exam), but reference to another subject would be quite beneficial, then don't shy away from doing that as long as you do not deviate entirely from the intended subject because ultimately what you need are marks and how you will get them is by complying to the answer-sheet the examiner has been provided by the High Court/PSC conducting your exam. But a few brownie points don't hurt anyone, so act smartly. An example can be found in this answer on specific enforcement of a contract for the sale of property. 
• It's always a good idea to refer to the courts as 'honourable'. Thus, my typical answer would contain something like this: "the Hon'ble Supreme Court held in the case.." It's a small thing and nobody is going to penalise you for not complying but it's always a good idea to develop the habit of writing like this; something that even I developed during my mains preparation days.
• It is a good idea to write in paragraph form as opposed to in pointers in a long-answer. If it is a 2-4 marks answer, you may write in pointers (like I have in this check-list). I personally prefer pointers as I find them time and effort saving for the examiner but I have been warned against them by my professors repeatedly and thus have given up on them when it comes to answer-writing. As one would not expect a good judgment, or a good book to be written in bullet points, one does not expect the same out of a good answer.

*If you have any queries that I may have missed, you can shoot them in the comment section below. 

Answer Writing : Indian Penal Code, 1860

Q. A, under the influence of passion excited by provocation by B; kills C intentionally. A’s liability?                                                           [5 Marks]

[Note: Follow IRAC Method (Issue-Rule-Analysis-Conclusion) in factual questions.]

Answer: The sole issue for adjudication in the factual matrix of the instant case is the culpability of accused where he kills another intentionally under the influence of passion excited by provocation.

Section 300 of the Indian Penal Code, 1860 deals with the offence of culpable homicide amounting to murder, and provides the exceptions to its application. The facts state that A killed C intentionally. Thus, his act constitutes the offence of culpable homicide amounting to murder.

Exception 1 to the Section reads: “Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.”

It is noteworthy that the provocation mentioned herein was neither grave nor sudden. The Hon’ble Supreme Court in KM Nanavati v. State of Maharashtra, [1962] held that the provocation given under First Exception to Section 3x00 of the Indian Penal Code, 1860 must be grave as well as sudden. Thus, A is not entitled to the benefit of Exception 1 of the above-mentioned section. Another argument may be that A was acting under the influence of “passion”, but this passion will not be protected under Exception 4 to Section 300 of the Indian Penal Code, 1860 as that is a result of sudden quarrel which is not the case here.

Thus, A having acted intentionally, will be liable for the murder of C under Section 300 (Firstly) of the Code. He is to be punished with life imprisonment or death along with fine under Section 302 of the Code.        

How to study CPC?

Hello! This post is part 1 of hands down the most demanded topic: "How to go about voluminous subject like the Code of Civil Procedure?" The further parts will deal with other voluminous subjects like CrPC, IPC, Evidence Law, Constitution, et alia. I will deal with this topic subject-wise because though most of the suggestions will overlap, there are certain subject-specific suggestions that might be overwhelming to grasp all at once. So, while reading this particular part, I will request you to only keep CPC in mind. So let's get to the bottom of it, shall we?

But before we start, I'd like you to know that I've listed the tips step-wise for your ease. What I want you to do is complete one step, and then come back for the next step. Just one step at a time. Eazy Peezy, right? Once you complete all the steps, do what the last step says: repeat! Okay, so here's what you came here for:

1. Pick up the bare Act and read it from the beginning to end. Don't care too much about the length. Assign a definite number for hours each day and read it for those hours. If things get boring, take a break, pick another subject, but come back to the CPC bare Act. As you get done with the sections, try to picture the order in which they occur in a court. Mark all the sections relating to jurisdiction together. Next time, read them one after the other. What about Cause of Action? Read Res Judicata and underline each element in that section. Sit and try recalling what all broad topics you just read about pertaining to court proceedings.
2. Now, start with the Orders. You will notice that each Order deals with one broad topic. Did you read any section relating to that very topic? Mark them together. Reading all the Orders will take a few days. Be patient. Do not read mindlessly once you've reached your saturation level.
3. Pick up either class notes of your coaching, or a book like Takwani. Read it patiently. Pay attention to the Sections that seem important. You will notice that the book does not elaborate on each and every Section and Rule, and that's alright.
4. Do two more readings of THE WHOLE Bare Act. 
5. Now pick up past year papers of all the States irrespective of whichever State you're aiming for. Some I've clubbed together here, will include more in due time. Take the Pre Papers, find CPC MCQs and attempt them. How many did you get right? Jot down your score somewhere. How many seemed unfamiliar?
6. Now pick up Mains Question Papers of all the states and just give the questions a read. You will notice that unlike Pre, the Mains Paper only focuses on the broader areas. Mark the Sections and Rules that have been asked in mains. Make a dot next to a provision in your Bare Act (I preferred doing it in the index section) everytime you encounter a question relating to that provision. Once you're done, you'll notice that some sections have way more dots than others. Make sure you make extensive notes on these in Step 8 vis-a-vis the depth of questions you've seen are asked in the mains question papers you've just analysed.
7. Give the Bare Act another read. Things will start seeming much familiar now that you've attempted some MCQs. 
8. Give the book/class-notes another read along-with the Bare Act and make your own notes. Also include the case-laws that you encountered in Step 5 while attempting Pre Question Papers, under the relevant Section/Order.
9. Pick up MCQs and attempt them again. Have you improved? Where are you lacking?
10. If you are dubious about your answer writing skills, attempt mains questions by actually writing the answers on a sheet of paper. You may compare them to the samples I keep sharing on the blog (Like here). If you are fairly confident with your answer writing skills, mentally attempt all the mains questions of every state. There are so many, you'll never get done with all.
11. Read the Bare Act with the notes you made from now on. Refer to your material when you have a doubt understanding some topic, or you encounter a question that you cannot answer from your notes and the Bare Act.
12. WOW! So many reading already! You must already feel like a pro. But don't stop here. Aim for perfection. Repeat Steps 11, 9, and 10; in that order till the D-day arrives. Good luck!

English For Law Entrance Examinations: The Early Bird Catches The Worm

Hello there! If you are reading this then I am assuming that you either wish to, or plan to take up law entrance examinations in the near future. Whether you are fluent in English or your English is flawed, I urge you to give this a read and customize the takeaways from this piece as per your requirements. I will be speaking to those of you who will be taking the examinations in 2020 and those who plan to take them in later years. So, let’s get to the bottom of this, shall we?

The law entrance examination is not limited to the candidate’s legal acumen. It is a multidimensional test which has been crafted to test a variety of skills like reasoning, basic mathematical skills, general awareness, ability to deduce plausible answers depending on given legal principles and flare in English language. They do not require you to know more than you should know as a 16-17 year old kid. So, that’s one less thing to worry about. Now, coming to English, you have to be no Shakespeare but you must be comfortable with basic spoken and written English; something that comes with regular use of the language. This understanding is vital as you will be expected in your law course to read the bare Acts of law, judgments from the Hon’ble Courts, and research on various topics during the length of your course. The materials you will read will predominantly be in English. 

The typical questions in the English Section comprise of:

• ·      Sentence Completion.
• ·      Rearrangement of group of words to form a sentence.
• ·      Filling up the gaps in a sentence with the apt word.
• ·      Error Correction.
• ·      Reading Comprehension
• ·      Synonyms/Antonyms
• ·      Active/Passive Voice
• ·      Tenses, and other grammatical questions

Now let’s come to what you are here for: How to prepare for the English section? First and foremost, let me clarify that if you are looking for a quick and effortless method to ace the section then you must realize that there is no such thing as a free lunch. You have to pay a price for everything and the price you pay here is: DEDICATION and CONSISTENCY, and the latter is more important than the former. You must dedicate atleast half an hour every day to the English section. Remember, Rome wasn’t built in a day and neither will your grammar and vocabulary. But if you promise to put in a little effort every day, then inculcating these habits in your routine will make acing the English section a cakewalk for you.

·      Put ‘em Reading Glasses on!

I will urge you, whichever standard you are in, to develop the habit of reading an English newspaper daily. This will help you in both: General Awareness as well as English. For English, you must read the editorial section to the least, if not the whole newspaper. Try to read with a pen and a diary. Write down the meaning of the words you don’t understand. Make a list of the idioms you come across. Repeat the spelling of the word you just read in your head.  Additionally, you can also have your lunch/ dinner with the English News Channel (preferably some channel like the DD News), that is, if your parents allow you eating in front of the idiot-box.

·      Be wise, technology-wise.

You can also download apps of some newspapers like The Hindu, The Indian Express, New York Times, Washington Post, or any other newspaper of your choice and do the same activity on the app if you like. You can also download apps dedicated to English quizzes. They are a fun way to learn.

·      Use visual aids.

Put up a black/white-board in your room and write the word/idiom of the day and try to use it as much in your conversation that day as you can. You can write important information on a chart paper and stick/hang it in your room.

·      Sometimes you can’t see the forest for the trees.

Don’t limit your attention to the new, and difficult words that may be incomprehensible to you at the moment. Also pay attention to familiar words, their spelling, synonyms, antonyms, the way in which sentences are constructed. When is ‘do’ used and when is ‘does’ used? What is the difference between ‘advise’ and ‘advice’? Is ‘its’ a substitute for ‘it’s’? Remember: Grammar is key. To work on it, you can buy any standard grammar workbook for practice, or dig up your school grammar book you studied in the earlier years, preferably when you were in Std. 6^th-8^th. Alternatively, it is advisable that you buy a book dedicated to Law Entrance Examination. \

·      Google Gyaan

Make a ‘Google-Gyaan’ Section in your diary. Here, write only about the words you are familiar with. Google them up. Write their synonyms/antonyms, usages, or contexts that you are unfamiliar with. That’s a fun way, right?

·      Go the old-school way.

If you are in High School or so, then I will urge you to develop a habit of reading novels. The movie-version sure seems tempting but the books have a magic of their own. Read classic novels and stories during your leisure time. While enjoying the thrills of the story, also pay attention to the spellings and grammar. Write down the word or phrases you like in a diary. Try to use them in your conversations or your school assignments and answers if they fit. But hey, don’t forget to put the book down when the exams are approaching. You can’t have your cake and eat it too, right? Keeps novels strictly for leisure.

·      ‘I can talk in English, I can walk in English, I can laugh in English!’

This was a humorous take on the importance of English language by Bollywood in its own way in Namak Halal. But we can follow this advice for our benefit after a chuckle or two. You must have heard that practice makes perfect. I have heard from many people that you have truly mastered a language when you think in the language inside your head, mostly involuntarily. And the gateway to that is talking in English. Be open to talking in English with your folks at home and school. Don’t stick to the ‘Yos’ and the ‘Wassups’. Use proper English and work on your grammar if you lack in it. You might face questions in the examination where you will be required to complete the sentence by filling in the appropriate word and trust me, under the examination pressure you might see yourself in a pickle between two options, if you lack practice. So, the goal here is to uplift the level at which your understanding of the English language is.

·      Practice makes perfect.

It is as important to practice as it is to learn. We have a short-term as well as a long-term memory section. What you read today is in your short-term memory. But in order to be able to use the same information to your advantage in the examination, you must transfer it to the long-term memory section. How to do that you ask? Practice. That more you practice a thing, the stronger bonds the neurons form (Remember Std. 10^th Science lessons?). Your brain gets an impression that the information must be vital to you, so it puts it in the long-term memory section. So, practice English quizzes, tests, mocks, workbooks, previous year questions, whatever you can get your hands on. Practice and then evaluate as to where did you go wrong and work on it. Easy-peasy lemon squeezy, right?

·      Weekends are for fun. And learning.

I know you love Sundays and days off from School. Hey, we all do! Which is why you don’t have to learn anything new on Sunday. No word/idiom of the day. No jotting down new words. No quizzes. Nothing. (Try to read the Sunday editorial though at it is the most interesting and elaborate one.) Instead, what I want you to do on Sunday is go through whatever you have learnt throughout the week. Have a look at your diary. See if you still remember the spellings you think you do. Similarly, reserve your last day of the month to revise and re-test yourself on the learning of the whole month. So, take a day at a time, then deal with your Sundays and then have a review meeting with yourself at the end of each month and grade yourself. Keep a tab on your scores. You have to outdo yourself. And there’ you’re all set!

Lastly, if you take away only one thing from this piece then I hope it’s this: Don’t compete with anyone else. Be your own competition. Try to be better than what you were yesterday. Make it your goal to learn atleast one new thing every day and always remember, many a little, makes a mickle. Good luck and happy reading!