Our expertise in civil litigation is based on our knowledge of broader areas of law surrounding civil disputes. Our experience in pursuing and defending the interests of our clients in contested trials and appeals involving property related matters, possession and ownership related matters, easements, leasehold and tenancy related matters and consumer disputes, personal injury and medical negligence related matters. Due to complexities involving civil litigation, it is essential that legal advice is taken at the earliest available opportunity.
We accept instructions to appear before District Courts, High Courts, Consumer Disputes Redressal Commissions and the Supreme Court in Suits, Consumer Complaints, Appeals and Special Leave Petitions arising out of the following acts;
a. Contract Act
b. Transfer of Property Act
c. Specific Relief Act
d. Consumer Protection Act
e. Hindu Succession Act
f. Indian Succession Act
g. Easements Act
h. Insurance laws
i. Motor Vehicles Act
j. The Registration Act
k. Hindu Marriage Act
l. Land Acquisition Act
m. Indian Trust Act
n. Workmens's Compensation Act
o. Code on Social Security
Civil Disputes in India are procedurally governed by the Civil Procedure Code. Civil Courts have jurisdiction to try all suits of civil nature unless their cognizance is expressly or impliedly barred. Jurisdiction of the Courts to try suits is broadly on the basis of territorial jurisdiction and pecuniary jurisdiction. Territorial Jurisdiction of the courts is well defined in accordance with the boundaries of states and districts. Pecuniary jurisdiction of the courts varies from state to state. While in states like Punjab & Haryana, the Civil Courts at Sub-divisional or District level have unlimited pecuniary jurisdiction, in states like Delhi, Madhya Pradesh and Himachal Pradesh, the High Courts have a certain pecuniary jurisdiction which is set in accordance with the hierarchy of courts. Similarly Calcutta, Bombay and Madras High Courts have a certain pecuniary jurisdiction. Civil Suits are to be filed within the time prescribed under Limitation Act which in most cases is 3 years but in certain cases limitation runs from 12 to 30 years.
During the course of trial, parties are allowed discovery and inspection and to lead interrogatories, lead documentary evidence, call and examine witnesses etc. Evidence is lead and recorded in the manner as provided under the Code of civil Procedure and Evidence Act. Judgment can be challenged in an appeal, if provided, before the next court in hierarchy viz. District Court, High Court and Supreme Court, as the case may be. Limitation for filing the appeal ranges from 30 to 90 days.
After the Commercial Courts Commercial Division and Commercial Appellate Division of High Court Act, 2015, came to be passed, Commercial Courts have been established in every state to try commercial disputes which have pecuniary jurisdiction of Rs.3,00,000 and above. As a result, certain disputes which used to be tried by the Civil Courts are now tried by Commercial Courts. Civil Procedure Code and amendments made therein related to Commercial Courts Act apply to such suits and appeals.
Specific Relief Act also deals with disputes regarding possession of properties and empowers Civil Courts to grant injunctions, direct specific performance of contracts, substituted performance of contracts etc. The act was recently amended to include several new provisions regarding power of courts to engage experts and expeditious disposal of suits filed under this act. The suits are required to be disposed within a period of 1 year, aggregate extension of six months only can be granted by the courts.
Consumer Disputes Redressal Commissions
Consumer Disputes Redressal Commissions have been established at District, State and National level under the Consumer Protection Act, 2019. Consumer Protection Councils at Central, State and District level(s) have been created, similarly a Central Consumer Protection Authority has also been provided for regulation, protection and promotion of consumer rights. The new act also provides for establishment of an Investigation Wing for conducting investigation of issues related to the act.
Consumer Mediation Cells have been established at District, State and National levels for mediating in disputes between the consumers, goods and service providers and/or manufacturers, sellers, traders.
District and State Commissions exercise territorial and pecuniary jurisdictions to try consumer disputes and disputes related to defect and/or deficiency in goods and services. National Commission has territorial jurisdiction over the entire country and has its own pecuniary jurisdiction. Commissions exercise powers of a Civil Court. District Commissions have jurisdiction to try disputes where value of goods or services does not exceed Rs.1,00,00,000/- (Ten Million Rupees), State Commissions exercise jurisdiction in disputes up to Rs. 10,00,00,000 (Rs. One Hundred Million) and National Commission exercises jurisdiction in disputes of Rs. 10,00,00,000 (Rs. One Hundred Million) and above. Appeals are provided for, against the order passed by the District Commissions to the State Commission and from the order passed by the State Commission to the National Commission. In case of an order passed by the National Commission on a complaint, an appeal lies to the Supreme Court. An option of Review of judgment is also available but the Review lies to the same authority which passed the order. The act also provides for time bound hearing limit of 90 days for hearing of complaints and appeals filed before the State Commission and National Commission. Lastly, the act contains penal provisions and the commissions have been given power of that of a Judicial Magistrate First Class.
A complaint has to be filed within 2 years from the date of arising of cause of action. Limitation for filing appeals varies from 30 to 45 days.
Disclaimer; Rules of the Bar Council of India prohibit advocates from soliciting work through communication in public domain. Information on this website does not constitute an invitation, offer or communication. This Website and the contents published are meant solely for the purposes of information and not for the purposes of advertising or soliciting work or communication.
Copyright © 2020 Deepkaran Dalal - All Rights Reserved.