In which rights and liabilities of the individual or organization are determined. The compensation may also be awarded to the victim in civil law disputes.
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 in the Act.
The institution of the suit starts by filing the plaint in the civil court. The plaint shall contain a factual summary of the case which is filed by the plaintiff. Cause of action is to be established and so is the jurisdiction of the competent court. The plaint needs to have a specific spirit which leads to certain and specific allegation on the defendant which can be corroborated by evidence. A plaint should not be vague or base its content merely on hearsay.
A plaint is replied through written statement submitted by the defendant. A written statement is an expression of rejection or acceptance of the averments made in the plaint by the plaintiff. A written statement needs to be carefully drafted and a para-wise reply is to be furnished wherein specific denial and acceptance is pleaded. Also, it has to be made sure, that whereby a denial is maintained, if at all there are facts in contradiction, they are to be brought out as a matter of statement and subsequently evidence regarding the same is led by the defendant.
Objection/ concerns against the written statement are presented by the plaintiff by way of filing the rejoinder. This process necessarily has to be timely completed.
Evidence is led by both the sides following the provisions of Indian Evidence Act. This is the most ticklish and important process of the court procedure and one needs an expert advocate to tactfully and wisely handle this stage of proceedings. The entire case and its fate depends on evidence and how it is led by the parties. It becomes important to challenge the validity of opposition’s evidence and statements and bring out any contradictions to front. A good advocate ensures that each piece of opposition’s evidence goes through certain tests of validity in law and only thereafter is accepted by the court as valid evidence. This is the stage where efficient advocates sometimes have to guide the courts in the interest of justice to not accept as evidence something which stands invalid as per the laws of India and provisions of Indian Evidence Act.
The stage of Arguments is when the matter is argued before the court by both the parties to bring out the merit in their case. One needs an advocate with great oratory skills and court room tactics to be able to bring out the best in the case. The aspect of time is limited as the courts are overburdened with work. Therefore, it is important that the advocate delivers all the important points in a cordial manner and with conviction. This is the last stage and an immense effort is needed. The best advocates for civil cases do complete homework and have their arguments fully prepared beforehand.
The final stage is reached where a judgment and decree is passed by the civil law court. Based on the Statements, Evidence led and the arguments furnished by the learned counsels. The court weighs all factors in a case and reaches a point of decision which the court deems fit, proper and just.
Finally, the execution is filed to implement the order of the civil law court.
One might think at this stage that the process is over, however, this is where it has just begun. After the lower court, an appeal can be preferred before the District Judge. And then a regular second appeal can be filed before the Hon’ble High Court and thereafter, 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 lost if it is not contested properly.
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