Civil law deals with the disputes between individuals, organizations, or between the two, in which rights and liabilities of the individual or organization are determined. The compensation may also be awarded to the victim in certain civil cases. English law, Roman law, Portuguese law and French law contributed immensely to the evolution of Civil Law in India. Areas of practice in Civil law includes succession, gifts, mortgage, title, lease, possession, tenancy, contract, matrimonial, Intellectual property rights, Debt recovery tribunal, Consumer law, Environment law, Taxation law, Company law, Labour laws, International law and Constitutional law. Our Best Civil lawyers in Chandigarh can tell you the importance of each and every stage in the civil trial. Once the evidence is concluded, additional evidence becomes difficult, especially to fill lacuna.
Code of Civil Procedure, Hindu Succession Act, Indian Succession Act, Muslim Law, Transfer of Property Act, Rent Control Act, The Waqf Act, Land acquisition rehabilitation & resettlement act, Indian Contract Act, Company Act, Consumer Act, Income Tax Act, Labour Act, The Limitation Act, and Constitutional Law etc. govern the practice of civil law.
The Civil law determines rights and duties of an individual or organization. The major area of litigation is property law. In intestate succession, the property among legal heirs will be distributed according to personal laws and civil courts have jurisdiction to conduct a trial. Indian Succession Act will be applicable on testamentary succession. The cases involving modes of transfer can be adjudicated as per the provisions of Transfer of Property Act by the civil courts. Matter related to tenancy is adjudicated as per Rent Control Act by Rent controller. Wakf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognized by Muslim Law, given by philanthropists and matters will be adjudicated by Wakf Tribunal. The acquisition of land has proceeded under Land acquisition rehabilitation & resettlement Act and dispute will be addressed by Deputy Collector. The contracts and agreements are governed by Indian Contract Act and jurisdiction lie with the civil courts. The laws related to companies are adjudicated by company tribunal under Company Act. Consumer disputes are addressed by consumer redressal forum depending upon the amount of compensation. Income Tax tribunal deals with the cases pertaining to Income tax. Labour Commissioner adjudicate upon the matters related to labor laws. Writs under the Constitutional law are filed before the High Courts and Supreme Courts.
Jurisdiction: Civil court/ Tribunal shall have a territorial or pecuniary jurisdiction to hear the matter. Hearing before a tribunal is governed by provisions given the Act.
The institution of the suit starts by filing the plant in the civil court. The plant shall contain a factual summary of the case which is filed by the plaintiff, cause of action and jurisdiction of the competent court. A plant is replied through written statement submitted by defendant, rejoinder if any by the plaintiff, evidence lead by both the sides, arguments & eventually, judgment and decree of the civil court. Execution can be filed to implement the order of the trial court. An appeal can be preferred before the District Judge. A regular second appeal can be filed before the Hon’ble High Court and special leave petition can be filed in the Hon’ble Supreme Court. The limitation for filing a suit should always be kept in the mind. The condonation of delay is not applicable for filing a suit. A weak case is winnable if contested properly and a strong case is losable if it is not contested properly.
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