Civil Law

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    CIVIL LAW: the aspects best civil lawyers observe.

    – compiled by the firm’s top civil lawyers in Chandigarh

    The matters of Civil Law Nature are between individuals, organizations, or between the two in which rights and liabilities of the individual or organization are to be determined. Monetary compensation or a direction of relief is generally awarded in favor of the sufferer in a civil law dispute. Such compensation or relief can be life-changing or life-wrecking, which is why the litigants engage look for the best civil lawyers to side them. An informed choice can, of course, can yield better consequence. But what are the parameters of this choice? Who are the best civil lawyers, and why? Well, we haven’t met a lawyer in the past many years who claimed to be less than best. So let’s just rather put out the qualities that one must expect in the best civil lawyer.

    Best civil lawyers have a wide range of practice and are very versatile.

    English, Roman Portuguese, and French law immensely contributed to the evolution of Civil Law in India. The 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. 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.Thus being quite exhaustive in scope, civil law field comes with many challenges and nuances. The best civil lawyers administer every step with absolute diligence. As legal practice is a one-way ticket, a great deal of dedication is required. For example, once the evidence stage is concluded, it becomes challenging to have the additional evidence.

    Experts in land & property dispute cases.

    A major area of litigation and practice for the best civil lawyers in Chandigarh is property law.

    • In intestate succession, the property among legal heirs is distributed according to personal laws and civil courts have the 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.

    It is always recommended to engage best Civil Lawyers in Chandigarh who have a reputation for having repeatedly performed at their best while dealing with such exhaustive laws.

    Well-read in Contract, Company, Income-Tax, and Consumer Laws.

    • The contracts and agreements are governed by Indian Contract Act and the jurisdiction lies with the civil courts. Being a major field of law since early days of trade and law-making, the laws are devised through history and till date are quite evolved.
    • 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.

    The best civil lawyers have to be well versed in the procedure of civil proceedings:

    • 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 the 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 are 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 in the statement, and subsequently evidence regarding the same is to be 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

    The 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 depend 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 the 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 courtroom 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.

    Jurisdiction in Civil Matters:

    • Jurisdiction: Civil court/ Tribunal shall have a territorial or pecuniary jurisdiction to hear civil matters.
    • Hearing before a tribunal is governed by the provisions given in the Act.

     

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