Chapter wise analysis of topics for cs executive examination so that the students can focus on the most relevant topic and can fight the exam. However this list is not exhaustive and the icsi can ask any question from the modules, so it is recommended to students to read full module or notes which they have prepared along with the analysis given below.
Chapter 1 Sources of Law
Previous Year – 17 Marks
Already asked
Kelson pure theory of law
Essential of valid custom
Austin’s command theory
Anticipation – 5 to 10 marks
Type – direct
Important concepts
i. Precedents and its kinds.
ii. Doctrine of stare decisis
iii. Ratio Decidendi & Obtier Dicta
iv. Secondary sources of law
v. Jeremy bentam & roscoe pound theory of law.
Chapter 2 Constitution of India
Previous Year – 9 Marks
Already asked
Right against exploitation
Article 16
Anticipation 10 marks
Type - direct
Imp concept –
i. Doctrine of severability/eclipse
ii. Article 14 – classification & class legislation
iii. Writs
iv. Ordinance making power.
v. State article 12
vi. Can a single person law be valid
vii. Article 14 with case laws.
viii. Freedom of trade and occupation
ix. Monopoly
x. Article 21
xi. Preventative detention & safe guards
xii. Freedom to mange religious affair
xiii. Article 30
xiv. Ordinance making power
xv. Power of parliament to make laws on state list
xvi. Writ jurisdiction
xvii. Subordinate legislation – classification.
xviii. Law making power.
Chapter 3
Previous Year – 13 Marks
Already asked
Role of interpretation or definition.
Rule of harmonious construction.
External aids in interpretation of statutes.
Anticipation – 5 – 10 marks
Type – direct
Important concept
a) Expression unis Est Exclusia Alterius & Nocitur a sociis.
b) Role of preamble as interpretation of statute.
c) Ejusdem generis & cases.
d) Mischief Rule
e) Golden rule of interpretation.
f) External rule of interpretation.
g) State 6-8 presumption.
h) Role of proviso schedule in internal aid.
Chapter 4 General Clauses Act
Previous Year – 4 Marks
Already asked
Offence punishable under 2 or more enactments
Anticipation – 0-3 marks
Type – Direct
Important concept
a) Objective of general clauses Act.
b) Effect of repeal & Sec (6A)
Chapter 5 Administrative Law
Previous Year – 4 Marks
Already asked
Rule against bias & its types
Anticipation – 4-8 marks
Type – Direct & subjective
Important
a) Judicial control – constitutional – judicial review a) at the stage of
delegation b)at the exercise of
delegation.
b) Abuse of discretion.
c) Principle of natural justice with case law.
d) Rule of fair hearing.
e) Exception to natural justice.
Chapter 6 Law of Torts
Previous Year – 13 Marks
Already asked
Liability of master for act of servant.
Damnum sine injuria.
False imprisonment.
Anticipation – 5 -10 marks
Type – direct
Important
a) Strict liability & its exceptions.
b) Remedies in tort.
c) Tort or wrong to personal safety.
Chapter 7 Limitation Act
Previous Year – 4 Marks
Already asked
Maximum & minimum period of limitation & kinds of suits in which it is
provided.
Anticipation – 4 – 8 marks
Type – Direct
Important:-
a) Section 5 Sufficient cause and its judicial observations.
b) Section 6/7/8 legal disability.
c) Computation of period of limitation.
d) Section 18 acknowledgement/section 19
Chapter 8 Civil procedure code
Previous Year – 16 Marks
Already asked
Doctrine of Res-Subjudice
Dishonest sale.
Multiplicity of suit in respect of same cause of action
Three factors for temporary injunction
Place of suing
Anticipation – 10-12 marks
Type – Direct
Important:-
a) Appealable orders
b) Limitation on jurisdiction of civil court.
c) Res Judicata.
d) Set off Vs. Equitable set off Vs counter Claim.
e) Delivery of summon by court.
f) Discovery of interrogatories.
g) Judgement Vs decree.
h) Reference/review/revision. – difference between Review Vs revision.
i) Inherent power of court.
Chapter 9 Indian Penal Code
Previous Year – 4 Marks
Already asked
Criminal conspiracy.
Anticipation – 8-10 marks
Type:- Direct & Case base
Important:-
a) Mens rea & types of exceptions.
b) Attempt
c) Punishment – death.
d) Dishonest misappropriation of property with case laws.
e) Criminal breach of trust with cases.
f) Breach of trust with cases
g) Cheating with case law & forgery.
h) Exceptions to defamation.
i) General exceptions for a person committing offence.
Chapter 10 Criminal Procedure Code
Previous Year – 12 Marks
Already asked
Cases where mens rea is not required.
Proclamation.
Power under Sec 144 to order in urgent cases of nuisance
Anticipation – 10 marks
Type - Direct
Important:-
a) Arrest – complete - 41 A/B/D
b) Maintenance of public record & tranquility – complete.
c) Summary trial
d) Information to police & power to investigate.
e) Complaints to magistrate.
Chapter 11 Indian evidence Act
Previous Year – 8 Marks
Already asked
Relevant fact
Primary evidence & secondary evidence
Anticipation – 8-10 marks
Type:- Direct
Important
a) Logical relevancy & legal relevancy.
b) Res Gestae with illustration.
c) Motive, preparation & subsequent conduct.
d) Admission V/s Confession & case law.
e) Statement by person who cannot be called as witness.
f) Opinions of experts.
g) Privileged communication.
h) Estopple & its types
Chapter 12 Special courts & tribunals under companies Act
Previous Year – 4 marks
Already asked
Constitution of national.
Company law tribunal
Anticipation – 4 marks
Type:- Direct
Important:-
a) Lodging of caveat before NCLT.
b) Provision for filing an appeal before NCLAT/NCLT
c) Any 5 powers of NCLT.
d) Offences triable by special courts.
Chapter 13 Arbitration & Concialiation
Previous Year – 4 Marks
Already asked
Alternative dispute resolution
Anticipation –10 - 12 marks
Type – Direct & case base
Important
a) Arbitral award.
b) Interim measures by court.
c) Appointment of arbitrators.
d) Grounds of challenge & procedure.
e) Place of arbitration + case law (Amendment)
f) Court assistance in taking evidence.
g) Time limit for arbitral award.
h) Fast track procedure.
i) Application to set aside Arbitral award.
j) Arbitration council of India.
k) Condition for enforcement of foreign awards.
Chapter 14 Indian Stamp Act
Previous Year – 4 Marks
Already asked
Instruments chargeable with duty.
Anticipation – 4 marks
Type – Direct.
Important
a) Cancellation of adhesive stamps.
b) Consequences of instruments not duly stamped & its evidentiary value.
c) Bill of lading – meaning.
d) Define lease.
e) Time of stamping – section 17
f) Liability of instruments to stamp duty where several instrument are
executed in single transaction.
g) E stamping.
Chapter 15 Registration Act 1908
Previous Year – 4 Marks
Already asked
Object of registration of document.
Anticipation – 4 marks
Type – Direct
Important
a) Documents whose registration is compulsory.
b) Exception to Section 17(1)
c) Documents which are optionally registrable. (opposite of Section 17)
d) Effect of non registration.
Chapter 16 Right to Information Act
Previous Year – 8 Marks
Already asked
Term of office & condition of service of chief information officer &
information commissioner.
Anticipation – 4-8 marks
Type – Direct
Important
a) Salient features of act.
b) Obligation of public authority.
c) Duties of PIO.
d) Exemption from disclosure .
e) Appeals.
Chapter 17 Information Technology Act
Previous Year – 4 Marks
Already asked
Liability of network service provider.
Anticipation – 4-8marks
Type – Direct
Important
a) Non applicability of the Act.
b) Digital signature & electronic signature.
c) Time of receipt.
d) Penalties & adjudications.
NOTE : This ANALYSIS was done by Adv. Chirag Chotrani.