Civil Law - Substantive (Contract, Torts, Property, Specific Relief, Easements)
Civil Law - Substantive tests whether you can classify a dispute, identify the governing statute, and apply statutory elements to facts. The WBJS Civil Judge paper expects section-level accuracy across contract, torts, property, specific relief and easements, not merely general principles.
Contract
Offer, acceptance, consideration and intention are tested through the Indian Contract Act 1872, especially ss 2, 10, 23, 25, 56, 73 and 74. Distinguish void, voidable and unenforceable agreements. Frustration under s 56 is not breach. Under s 74, reasonable compensation is not a automatic penalty; the court assesses actual loss.
Property and easements
Transfer of Property Act 1882: sale under s 54 requires a registered instrument for tangible immovable property of value Rs 100 or more; mortgages ss 58–60; lease s 105; gift s 122. Easements Act 1882: dominant and servient heritage, easement by necessity s 13, prescription s 15, and suspension or extinguishment ss 41–47.
Specific Relief
Specific Relief Act 1963, as amended in 2018: specific performance is the rule for contracts under s 10, but ss 14, 16 and 41 bar relief where performance is impossible, personal service is involved, or the plaintiff’s conduct is inequitable.
Worked example
A agrees to sell land, receives part payment, then refuses. B sues for specific performance. B must plead a written agreement, readiness and willingness under s 16(c), and that no s 14 bar applies. Damages under s 73 are alternative, not automatic.
Traps
Do not confuse s 53A part performance with a completed sale; an unregistered sale deed does not convey title; do not answer specific performance without pleading readiness and willingness.