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WHAT IS A CIVIL LAWYER
A civil lawyer understands all the non-criminal aspects of a legal dispute between two parties. Civil disputes commonly focus on individuals, personal relationships and property disputes. A civil lawyer tries to resolve conflicts and disputes between two affected parties. Civil Lawyer seek redress for damages in the form of monetary compensation for their clients. Civil Lawyer work starts with the filing of a suit and continues until a judgment is passed.
SPECIFIC AREAS OF CIVIL LAW
- Contract Law: Formation, interpretation, and enforcement of contracts.
- Tort Law: Personal injury, negligence and liability.
- Property Law: Real estate, ownership and disputes.
- Family Law: Divorce, child custody, and maintenance.
- Employment Law: Workplace disputes, discrimination and harassment.
EMERGING TRENDS AND ISSUES
- Alternative Dispute Resolution (ADR): Mediation, arbitration, negotiation, Conciliation, Lok Adalat.
- Cyber Law: Online disputes, e-commerce digital rights.
- Environmental Law: Pollution, climate change and sustainability.
- Intellectual Property Law: Patents, trademarks, copyrights, trade secrets.
PRACTICAL APPLICATIONS AND STARTEGIES
- Civil Litigation: Pre-trial, trial, and appellate strategies.
- Negotiation and Settlement: Techniques for resolving disputes out of court.
- Mediation and Arbitration: Best practices for ADR.
- Drafting and Reviewing Contracts: creating and revising contracts.
- Managing Client Relationships: Communication, billing, and ethics.
CIVIL SUIT FILING FEE
In filing civil suit, court fees are applicable on every suit. There is fixed court fee according to the valuation of the suit. The court fee applicable will depend on the nature of relief claimed and the type of civil cases filed. Court fee cannot be applied haphazardly, otherwise the suit will be kept pending for DCF (Deficit Court Fee).
WHERE CIVIL SUITS FILED
Civil suits can be filed in various courts, depending on the jurisdiction, nature of the dispute, and the amount in controversy. Here are some common courts where civil suits can be filed:
- District Courts: These courts have jurisdiction over civil suits involving disputes related to property, contracts and personal injuries.
- Civil Courts: These courts have jurisdiction over civil suits involving disputes related to property, contracts and personal injuries.
- Small Causes Courts: These courts have jurisdiction over civil suits involving disputes related to small claims, such as rent, eviction and minor contract disputes.
- High Courts: These courts have jurisdiction over civil suits involving disputes related to constitutional matters, company law and intellectual property.
- Supreme Court: This court has jurisdiction over civil suits involving disputes related to constitutional matters, national importance and appeals from High Courts.
CIVIL LAW PROCESS:
Generally following process are followed under Civil Procedure Code, 1908 (as amended).
- Filing of the plaint.
- Issue process to the defendant
- Filing of written statement by defendant
- Documents
- Issue
- List of witnesses
- Evidence from plaintiff side
- Evidence from defendant side.
- Arguments
- Judgement & Decree
- Execution
DOCUMENTS REQUIRED FOR CIVIL SUIT:
- Plaint
- Relied upon documents in connection with the plaint.
FREQUENTLY ASKED QUESTIONS?
A: Civil suits can be filed in various courts, depending on the jurisdiction, nature of the dispute, and the amount in controversy.
A: the case seeking remedy with reference to the property and other civil rights given under any civil law.
A: Court fee, process fee, copying fee, appeal fee and others.
A: Court fee- at the time of filing suit. Process fee- to be paid for issuance of summons, warrant etc. Copying fee- to be paid for getting certified copy of the documents order or judgement, appeal fee at the time of filing an appeal.
A: A pauper suit is a lawsuit filed by a person who is unable to pay the court fees and other expenses associated with the lawsuit.
A: Yes, history of a case can be viewed in KIOSK available in most of the courts and also on the website E-courts.
A: legal representative of the deceased are to be brought on record.
A: a party in favour of whom order/judgement is passed will file the execution petition seeking execution of the relief granted.
A: Alternate Dispute Resolution are- Arbitration, conciliation, judicial settlement, mediation, Lok Adalat.
A:The length of a civil suit can vary greatly, depending on the complexity of the case, the court’s schedule, and the parties’ cooperation. Some civil suits can be resolved in a few months, while others can take several years.
