In India the civil laws are governed by the Code of Civil Procedure, 1908 (CPC). Civil Law entails disputes and grievances that are not criminal in nature. CPC consists of rules and regulations for filing of cases, writing statements, legal documentation, evidence, summons and more. Thus CPC consists of legal matters that are civil and commercial in nature.
The laws that come under civil jurisdiction are:
Matrimonial Laws
Family Laws
Property Laws
Company Law
Intellectual Property Law
Matrimonial Laws
Real Estate Laws
Civil Law Courts
Civil suits are fought in the concerned parts of the high court and the district courts. The appeals arising out of high courts are then later heard in the supreme court. The office of Controller of General Patents, Designs and Trademarks (CGPDTM) is the regulatory authority for Intellectual Property Rights in India.
IPAB: Intellectual Property Appellate Board is entitled to hear and solve disputes arising from the decisions made by the registrar of CGPDTM. The copyright cases also fall under the purview of IPAB.
Role Of Civil Lawyers
The roles and responsibilities of a civil lawyer are about combining knowledge with a solution oriented approach. A qualified and experienced civil advocate knows how to empathise with the society and people.
He realises how to successfully implement the pragmatic law options to resolve for complex emotions and hence, litigate the matter.
Civil Lawyers will take up responsibilities related to the:
1. Representing the parties (both individuals and/ or organizations) in a long running or newly initiated breach of trust dispute.
2. Settling a dispute concerning a claim made under the Inheritance of the property by the estranged husband of the deceased.
3. Settling a dispute concerning a claim made under the Inheritance of the property by the family.
4. Acting on behalf of the partner in recovering share of partnership profits on dissolution of partnership.
5. Successfully defending a proprietary claim relating to a disputed transfer of ownership of large and small commercial property and appeal cases as well
6. Successfully recovering share of a deceased’s estate in claims made under the Inheritance of property law
7. Obtaining possession of a property for female children/child after the death of parents
8. Representing charities in recovering delayed payments.
9. Advising beneficiaries in respect of their entitlement from property dispute
10. Advise in resolving matrimonial matters through mediation or representing the party in the court.