Civil Law

  • CIVIL LAWYERS IN CHANDIGARH

    Civil Lawyers in Chandigarh handle disputes and matters of Civil Nature 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 a civil law disputes.

    English, Roman Portuguese and French law immensely contributed to the evolution of Civil Law in India and it comes as a prerogative to the Best Civil Lawyers in Chandigarh to understand the genesis of civil laws. 

    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. The Best Civil Lawyers in Chandigarh administer every step and every in Civil Trial with absolute diligence as legal practice is a one way ticket. For example, once evidence is concluded, it becomes challenging to include additional evidence.

    Civil Law in itself is a broad areas of practice for the best Civil Lawyers in Chandigarh 

    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., all and the many more acts and statutes are included in the civil law practice and are the domain of the best civil lawyers in Chandigarh.

    Land and property disputes being a major practice area for Civil Lawyers in Chandigarh:

    The Civil law determines rights and duties of an individual or organization. The major area of litigation and practice in Civil Law 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. Whereas, Indian Succession Act is 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. In all the fields, however, it is always recommended to engage Civil Lawyers with high potential and repute to be able to help proceed towards securing ones rights.

    Law of Contract and Agreement is also a domain of the Civil Lawyers

    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 IN CIVIL LAW CASES:

    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.

    PROCESS IN CIVIL MATTERS ADOPTED BY CIVIL LAWYERS:

    • FILING OF the PLAINT

    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.

    • FILING OF WRITTEN STATEMENT

    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.

    • FILING OF REJOINDER

    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

    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.

    • ARGUMENTS

    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.

    • JUDGMENT AND DECREE

    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.

    • EXECUTION

    Finally, the execution is filed to implement the order of the civil law court.

    • APPEAL

    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.

    In the end, it can be said that in law, every claim and every case is a weak case until it is strengthened and strongly contested. therefore, it becomes quite essential to settle for nothing but the best civil lawyer who knows the ins and outs of your matter and is willing and passionate to travel that extra mile for his clients in the interest of justice.

     

    Civil Law

    B&B Associates LLP

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    Head Office SCO 45-46, Sector 11, Panchkula, 134109

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  • Computation of Compensation

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    Suit for Damages

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    Enforcement of Foreign Decrees

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    Enforcement of Decree

    Introduction Execution is the final stage of any litigation process in civil suit. Basically, there are three stages in whole process of litigation: Initiation of litigation Adjudication and hearing of litigation by the judicial court of law. After the adjudication is complete, the result of litigation which is known as decree is enforced. Execution – […]

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    Civil Revisions

    Revision means “to look again”. Revision means the act of critical or careful examination or perusal with a view to correcting or improving. The object behind Section 115 is to prevent subordinate courts from acting arbitrarily and illegally in the exercise of their jurisdiction. There are certain things to be kept in mind: 1) A […]

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    Preventive Relief By Way Of Injunction

    Courts generally grant preventive relief by way of injunctions. It is totally dependent on the discretion of the court. Injunction basically refers to restraining order of the courts directed to a party for not doing certain act or if already begun, not to continue the act which threaten or invade the legal rights of the […]

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  • The Code Of Civil Procedure (Amendment) Act 2002

    [Act, No. 22 of 2002] [1st July, 2002] PREAMBLE An Act further to amend the Code of Civil Procedure, 1908 and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:– 1. Short title and commencement (1) This Act may […]

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    The Code Of Civil Procedure (Amendment) Act 1999

    [Act, No. 46 of 1999] [30th December, 1999] PREAMBLE An Act further to amend the Code of Civil Procedure, 1908, the Limitation Act, 1963 and the Court Fees Act, 1870. BE IT enacted by Parliament in the Fiftieth Year of the Republic of India as follows: — 1.The Amendment Act, 1999 notified vide a Notification […]

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    Code of Civil Procedure 1908 Appendix

    Appendix A – PLEADINGS (1)TITLES OF SUITS inthe court of…………………………………………………………………… A.B.(add description and residence). . . . . . . . . . . . . . . . . . . .Plaintiff, against C.D. (add description and residence) . . . . . . . . . . . . . . . . […]

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    Code Of Civil Procedure 1908 Orders

    1. Parties to suits Order 1 Rule 1 to 13 1[1. Who may be joined as plaintiffs All persons may be joined in one suit as plaintiffs where– (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist […]

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    Code of Civil Procedure 1908

    [ Act, No. 5 of 1908 ]1 [21 st March, 1908 ] PREAMBLE An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. whereas it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted […]

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    Specific Relief Act 1963

    PART I PRELIMINARY 1.Short title, extent and commencement. — (1) This Act may be called the Specific Relief Act 1963 (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force of such [1][date] as the Central Government may, by notification in the Official Gazette, appoint. Definitions. […]

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