Here are a few top considerations about how Civil Lawyers stand by you

Reviewed by on May 17, 2014

Civil laws are primarily based on the law system that usually provides a set of written and accessible collection of the laws which are applied to all citizens even to all legal professionals including lawyers. A civil case focuses on getting a particular amount of compensation that justifies the discomfort that one has gone through by an organization or a person. On the other hand, a criminal law focuses on getting the guilty punished for the crime that he or she has committed.

A civil advocate always has an important role to play, whether it’s a criminal offence or civil offence. Crime victim can file a civil case against offender even if it is a criminal case by nature. Unlike a criminal case, in which the prime concern is whether the offender is guilty or not, whereas in a civil case, the concern is whether an offender or a third party is responsible for the injuries suffered or not.

What kinds of disputes do civil cases cover?

Usually civil cases include claims for money damages against the offender or a third party for causing financial loss or physical injury. Civil suits encompass disputes relating to property and possession, recovery of money, breach of contract between two organisations or two individuals, partition of family property, succession and probate of a will, tenancy and eviction, specific performance of agreements, and motor-accident compensation claims. Most ordinary civil suits in India are governed by the Code of Civil Procedure, 1908 (CPC), while the relief sought is grounded in substantive statutes such as the Indian Contract Act, 1872, the Transfer of Property Act, 1882, and the Specific Relief Act, 1963.

Civil lawyers in India enrol with a State Bar Council, and under Section 30 of the Advocates Act, 1961 an enrolled advocate is entitled to practise before all courts in India, including the District Courts, the High Courts and the Supreme Court (India does not have a separate system of federal courts). Civil Advocates generally work in two ways, sometimes individually and sometimes alongside other lawyers in a chamber or firm.

How a civil suit proceeds in India

A civil action in India begins with the filing of a plaint before the court that has territorial and pecuniary jurisdiction over the dispute. The defendant is served with summons and files a written statement in reply. The court then frames the issues, the parties lead evidence and examine witnesses, counsel make their arguments, and the court delivers a judgment followed by a decree. A successful party who is not paid voluntarily may move execution proceedings under Order XXI of the CPC to enforce the decree. Many civil disputes can also be settled through mediation, conciliation or arbitration under the Arbitration and Conciliation Act, 1996, which is often faster and less expensive than a full trial.

What a civil lawyer does for you

Civil Advocates help clients draft and vet contracts, prepare wills and trust deeds, send and reply to legal notices, and represent parties in court and before tribunals. Common practice areas include civil suits, property and real-estate disputes, recovery suits, arbitration, intellectual-property matters such as trademark and patent litigation, and cheque-dishonour cases. A civil lawyer is also bound by professional duties of confidentiality and is expected to handle your information securely. Given how vast the Indian legal system is, choosing an advocate with experience in the specific field of your dispute makes a real difference to the outcome.

If you need any further information or clarification in this regard, please feel free to contact us or post your queries on our website where one of our exclusively appointed legal experts will help you more: https://delhi-lawyers.in/civil-lawyers-in-delhi