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Civil Litigation
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Civil Litigation
Civil law in India governs disputes between individuals, organizations, or between the two, in which compensation or other remedies are sought by the aggrieved party. It is distinct from criminal law and focuses on resolving non-criminal disputes through a systematic legal framework.
Stages in a Civil Case
- Filing of a Suit: The aggrieved party (plaintiff) files a plaint outlining grievances and claims.
- Summons: The court issues a notice to the defendant.
- Written Statement: The defendant files a response.
- Framing of Issues: Court identifies points of contention.
- Trial: Examination of evidence and arguments by both parties.
- Judgment and Decree: The court delivers a verdict and prescribes a remedy.
- Appeal: Either party may appeal to a higher court.
Contract Law
Regulates agreements between parties to ensure their rights and obligations are enforceable by law.
- Key Legislation: Indian Contract Act, 1872.
- Key Provisions:
- Essentials of a valid contract: Offer, acceptance, consideration, and capacity.
- Breach of contract and remedies: Compensation, rescission, or specific performance.
Property Law
Governs disputes related to ownership, transfer, and use of immovable and movable property.
- Key Legislation:
- Transfer of Property Act, 1882.
- Indian Easements Act, 1882.
- Real Estate (Regulation and Development) Act, 2016 (RERA).
Key Issues: Sale, lease, mortgage, and disputes regarding titles or encumbrances.
Tort Law
Addresses civil wrongs that cause harm or injury, resulting in liability for the wrongdoer.
- Key Principles:
- Negligence: Duty of care breached causing damage.
- Defamation: False statements damaging reputation.
- Nuisance: Interference with the use or enjoyment of property.