How to read CPC
Part-1
Parties to suit
Frame of suit
Recognised agents and pleaders
Institution of suit
Pleadings
Plaint
WS
Set off and counter claim
Part-2
Service of summons/process
Appearance and consequence of non appearance
Examination of parties/ADR
Discovery and inspection
Admission
Production, impounding and return of documents
Framing of issues
First Hearing
Examination of persons as witness
Discovery and Inspection
Adjournments
Hearing of suit
affidavit and arguments
Judgement and Decree
Ex*****on
Part-3
Appeals
1st appeal
2nd appeal
Reference
Review
Revision
Part-4
Costs(order 20A)
Order 24
Order 25
Section 34
Section 35
Section 35 A
Section 35 B
Part-5
Civil suit
Transfer of suits
Res sub- judice
Res-judicata
Death,Marriage and insolvency of parties
Withdrawal of suit
Commission
Summary suit
Injunction
Receiver
And
Writ(article 226,32 of Constitution of India)
Part-6
Suits by or against parties
Order 27 to 35.
Then read the Bare act
It would be easy
Sanskar Law Education -SLE
succes ....,success.....,success........
Develop self confidence....................
A SPOT
Why the above phrase is important
The above phrase related to types of jurisdiction ......
A-Appellate jurisdiction
S-Subject matter jurisdiction
P-pecuniary jurisdiction
O-Original jurisdiction
T-Territorial Jurisdiction
ଏ ଅପମାନିତ (ସୂଚକ ପ୍ରଶ୍ନ)
ଉପରୋକ୍ତ ଧାଡ଼ି ଟି BSA ,2023 ର ଏକ ନିର୍ଦ୍ଧିଷ୍ଟ section ସଂଖ୍ୟା,କମେଣ୍ଟ ବକ୍ସ ରେ ସଂଖ୍ୟା କୁ ପ୍ରକାଶ କରନ୍ତୁ।
ଏ ଅକାରଣରେ ପ୍ରଶ୍ନ
ଏହା BSA ର ଯେଉଁ section ସଂଖ୍ୟା ତାହା ଉପୋରକ୍ତ ଧାଡିଟି ରେ ଅଛି।
Can you guess the section number ?
For easy understanding
Contents of judgement (in criminal cases)
Introduction
Prosecutions case
Defence plea
Charge
Evidence
Points off determination
Findings of court
Judgement (acquittal or conviction)
Contents of judgement(in civil cases)
Introduction
Plaintiffs cases
Defendands case
Issues
Evidence
Points of Determination
Findings of court
Judgement of court(Decree or order)
Sale of immovable property
Key points(common knowledge)
Immovable property
Parties to sale
Description of property
Free from encumbrance
No dues and tax clearance
Title and ownership
Reason for sale
possesion at the time of sale
Publication of Notice
Permission from concerned authority
Terms and conditions of sale
Written agreement
Third party involvement
Notice to third party
Agreement with third party
Subsequent purchasers
Payment by purchaser and receipt of the consideration amount by seller
Limitation period
Arbitration clause
Registration &payment of registration fees
Signatory to Document
Verification
Signature
For any dispute
Refer to arbitration, mediator etc
If dispute not resolved
Then
Follow due legal procedure.
Ex*****on of sale
Delivery of property sold
Agreement to sale
Key points(common knowledge)
Vendor,vendee
Property(land)
Written agreement
Nature of property/(land)
Source of property/(land)
Title to property/(land)
Description of property/(land)
Agreement
Terms and conditions
Reason for sale
Possession of property /(land) at the time of agreement
Nature of agreement/contract
Consideration amount
Time as essence of contract
Registration
Stamp duty
Notice
Permission from concerned authority
No dues and Tax clearance,no objection
Payment of agreed amount/consideration amount
Delivery of possession
If Delayed,reason of delay
Involvement of third party
Notice to third party
Agreement with third party
Subsequent purchaser
Arbitration clause
Limitation period
Signatory to The Document
Signature
Verification
Placement of order and issues there upon...
---------------------------------------------------------------------
Request for samples
Placement of order
As per terms and conditions
Payment of advance
Delivery as per order
(Issues for non delivery
Or for causing delay,or change in price etc.)
Verification,inspection
Of quality,quantity,shape,size,colour,design,packing ,price etc. of products supplied
(Issues for not supply or causing delay in supply)
Terms and conditions ,warranty and guarantee
(Issues for violation of terms and conditions,warranty and guarantee)
Payment of price on delivery or after receiving products ,at once or in instalments in cash or cheque,or,through digital payment.
(Issues for non payment or causing delay in payment)
If there is any defect,delay,change,demerit etc.
Report such defect,Delay,change etc.
(Issues for not reporting or causing delay in reporting)
Request to repair,refund,return,replace etc.
(Issues For non consideration)
Remedy..
Claim of damage,compensation for loss sustained, mentally and physical pain
For any issue
To be settled as per agreement or legally.
(Just understand this then go through formats of
Different pleadings relating to contract,it would be easy to understand)
Few fundamental chart relating to contract
1. Communication
Offer----------------------------------------- Acceptance
Revocation
--------------------------
2. Promise
Express----------------------------------implied
--------------------------
3. Enforceable
Agreement ----------------------- Contract
Not enforceable
----------------------------------
4. Competent to
Party ------------------------- contract
Not competent to
--------------------------
5. Of Sound mind
Party------------------------------ to contract
Of Unsound mind
--------------------------------
6. With free consent
Party-------------------------------------- contract
Without free consent
-------------------------------------------
7. With coercion
With undue influence
With fraud
With misreprentation
With mistake
(Mistake has been written at place of mis representation now corrected)
Party------------------------------------------------contract
With Removal of undue influence
-----------------------------
8. By one party
Mistake -------------------------- To contract
By both party
------------------------------
Mistake
Of Fact. Of law.
-------------------------------
9. With lawful object
With lawful consideration
Agreement----------------------------- Contract
Without lawful object
Without lawful consideration
--------------------------------
10. Agreement
Valid --------------------------------- Void
---------------------------------
11. Consideration
May be
Past. Present future
-----------------------------------
12. In restraint of
Marriage
Trade
Legal proceedings
For Uncertainty
By way of wager
Agreement--------------------------------- Void
Hindu Succession Act,1956 understanding simply...
Hindu Succession Act ,1956
SADO
Short title....
Application of the act
Definition and interpretation
Over-riding effect of act
Marriage
Blood relationship
Sapinda relationship
Agnates and cognates
Property
-to which this act does not apply
-Ancestral
-self acquired
-coparcenary
-Devolution of interest in property
- Absolute property
Rights relating to property
-under Mitakshara schools of law
-Under Dayabhaga schools of law
-of a child in mothers womb
-in case of simultaneous death
-in preference
Succession
-Testamentary
-intestate
General rules of succession in case of males
General rules of succession in case of female Hindus
Heirs
Order of succession among heirs in the schedule
Order of succession among agnates and cognates
Order of succession among heirs of a female hindu
Mode of succession of two or more heir
Distribution of property among heirs in class l
Schedule
Distribution of properties among heirs in
Class Il schedule
Succession when heir disqualified
Failure of heirs.
Propositus
Computation of degree
Deprivation of right to property
-certain widows on remarriage
-murdered
-converts descendents
Effect of disease ,defect to acquire property
Repeals
The Schedule
Hindu minority and guardianship Act,1956 understanding simply
SAADO
Short title....
Act to be supplemental to...
A-Application of the act
D-Definitions
O-Overriding effect of the act
Son
-Natural
-Adopted
Guardian
-Natural
-Testamentary
-De- facto
Guardianship
Powers of
-natural guardian
-testamentary guardian
Restrictions related to Guardian
-Relating to incapacity of minor
-Relating to property
-Relating to appointment
-Relating to welfare
HMA,1955 A simply understanding
Hindu marriage Act,1955
SADO
Short title...
Application
Definition
Overriding effect
Stages of marriage
-Prior to marriage
-On marriage
-After marriage
Prior to marriage
-Conditions
-Ceremony
On marriage
-registration
After marriage
Nature of marriage/
Nullity of marriage
-void
-voidable
Married life
If Life runs smoothly ✓
If Dispute arises
Why?
-Contravention of marriage
-Contravention of other conditions of marriage
Remedy
-Restitution of conjugal rights
-Judicial separation
-Divorce
Approach court
-Condition
-petition be presented
-verification of petition
-Application of CPC
-transfer of petitions
-special provisions
Proceedings
Evidence
Decrees and order
-Maintenance pendent lite &
Expenses of proceedings
-Permanent alimony
-Question of children
-Legitimacy and custody
-Disposal of property
Relief for respondents in divorce and other proceedings
Appeals from decrees and orders
Enforcement of Decree
Freedom(rights accrue after divorce)
Savings
Repeals
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