Civil Law

June 8, 2024

Civil law in India governs disputes between individuals or organisations, where compensation may be awarded to the aggrieved party. It is distinct from criminal law, which deals with offences against the state. The primary objective of civil law is to resolve non-criminal disputes involving personal rights and obligations, property, contracts, family matters, and torts. The Indian civil justice system is governed by various statutes, including the Indian Contract Act, 1872, the Transfer of Property Act, 1882, the Hindu Marriage Act, 1955, and the Code of Civil Procedure, 1908 (CPC). Under civil law, plaintiffs file suits against defendants seeking remedies such as damages, injunctions, specific performance, or restitution. The burden of proof in civil cases is on the plaintiff, who must establish their case based on a preponderance of evidence. Civil courts in India operate at different levels, including District Courts, High Courts, and the Supreme Court of India, with appeals possible within the hierarchy. Civil law ensures that individuals can seek legal redress for their grievances, promoting justice and fairness in personal and commercial interactions.

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