Civil Law
Civil Law
What is Civil law?
Well, to understand that tell us your problems so that we can tell you if the issue in question falls in the sphere of civil laws of the Country.
In India, Civil law is the law pertaining to non-criminal issues and cases. It is guided by the Code of Civil Procedure (CPC), 1908. This is an elaborate and exhaustive set of codes that define the scope of jurisdiction of courts in civil matters as well as procedures to be followed in every trial. The cases under civil law relate to the rights and duties of a person. It aims at resolving civil disputes in a fair manner. It may include payment of compensation and damages. As the name suggests, no criminal implications come under Civil law. Some portions of civil and criminal law may at times overlap. But Civil law in general is classified into several categories.
There is a misconception that courts take endless years to resolve civil cases. The truth is that the present legal system is very fast and efficient. The starting of Commercial courts has made the disposal of Commercial cases very quick. The timeline taken by civil courts in Kerala to dispose of a Money related dispute is less than a year.
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To understand if your dispute is a civil dispute, do explain to us if it’s a property dispute, a money dispute, a settlement of accounts, a partnership dispute, and various other non-criminal issues. Some other civil disputes that may arise can be resolved under the following laws.Intellectual Property: In a time when most things in the world are on the cyber platform, intellectual property rights play a major role. Intellectual property refers to the intangible properties of a person or company or any other entity. The legal aspects relating to assets like copyrights, patents, geographical indicators, trademarks, designs, etc. come under various laws pertaining to each of these. Some of these are the Trademarks Act, of 1999, The Copyright Act, of 1957, The Designs Act, of 2007, The Patents Act, of 1970, and so on.
Banking: Banks are the lungs of financial activities in India. Whether individuals or companies, monetary and several other transactions happen through banks. Grievances relating to banking activities may be associated with several acts such as the Banking Regulation Act, 1949, the Reserve Bank of India Act, 1934, Foreign exchange management act, 1999, the Limitations Act, 1963, and many more.
Contracts: Several cases arise on the premise of breaking a contract or agreement. Under the Indian Contracts Act, 1872 come the laws relating to legally binding contracts. This act is applicable everywhere in India except the state of Jammu and Kashmir. Many cases under this law are based on consent, coercion, misrepresentation, fraud, undue influence, etc.
Consumer: The Consumer Protection Act, 2019 has provisions for protecting consumer rights relating to goods and services. The regulations regarding unfair prices, adulteration, or any other redressal are under the scope of this law.
These are only some of the laws that are relating to Civil law. These and many other laws are aimed at protecting your civil rights. If you have any questions, do not hesitate to ask VakilSir!