Civil Law — Quick Reference
CPC structure
Sections 1-158 — the body (substantive procedural provisions)
Orders I-LI — First Schedule (procedural detail/mechanics)
Jurisdiction types
Pecuniary — based on suit's monetary value (Section 15)
Territorial — based on defendant's residence / cause of action (Sec 16-20)
Subject-matter — some matters barred/reserved by specific statute
Res judicata (Section 11) — 4 conditions
1. Same matter directly/substantially in issue
2. Same parties (or those claiming under them)
3. Former court was competent
4. Matter was HEARD AND FINALLY DECIDED (not just raised)
Courts look at SUBSTANCE of what was decided, not surface framing.
Interim orders
| Order XXXIX (Temp. Injunction) | Order XXXVIII (Attachment Before Judgment) |
|---|
|---|---|---|
| Purpose | Prevent a specific ACT | Secure assets against dissipation |
|---|
| Test | Prima facie case + balance of convenience + irreparable injury | Reason to believe defendant will defeat the decree |
Contract formation (Section 10 checklist)
[ ] Offer + acceptance (absolute, unqualified — Section 7)
[ ] Free consent (Section 14)
[ ] Capacity (Section 11)
[ ] Lawful consideration (Section 2(d), 23)
[ ] Lawful object (Section 23)
ALL required — missing one = void or voidable, not "weaker"
Void vs. voidable
VOID — no legal effect from the start (e.g., illegal object)
VOIDABLE — valid UNLESS aggrieved party chooses to avoid
(coercion, undue influence, fraud, misrepresentation)
— gives a CHOICE to affirm or rescind
Special contracts — party count distinguishes them
Indemnity (Sec 124) — 2 parties (indemnifier, indemnity-holder)
Guarantee (Sec 126) — 3 parties (creditor, principal debtor, surety)
Bailment (Sec 148) — delivery of goods for a purpose, to be returned
TP Act — core transfers
| Transfer | Section | What's transferred |
|---|
|---|---|---|
| Sale | 54 | Full ownership, for a price |
|---|
| Mortgage | 58 | Security interest only |
| Lease | 105 | Right of enjoyment, for rent |
| Exchange | 118 | Mutual ownership (non-money) |
| Gift | 122 | Ownership, no consideration |
Lis pendens vs. part performance
Lis pendens (Sec 52) — transfer during PENDING litigation
doesn't defeat the suit's outcome,
even for an innocent third party
Part performance (Sec 53A) — protects a transferee in POSSESSION
under an unregistered contract who
has performed/is willing to perform
Judgment structure (Order XX)
1. Concise statement of the case
2. Points for determination (the framed issues)
3. Decision on each point, WITH REASONS
4. Relief granted (precise operative order)
Execution of decrees (Order XXI) — by decree type
Money decree → attachment/sale of property, or arrest (limited)
Movable property decree → direct seizure and delivery
Immovable possession → delivery of possession (police assistance if resisted)
Specific performance → court-supervised enforcement
Problem-based question method
1. Identify the AREA of law
2. Match the SPECIFIC doctrine (via structural distinctions)
3. Apply requirements element-by-element to the facts
4. Ground conclusion in the systematic application
