Overview

A civil suit/civil case is a non-criminal lawsuit involving the violation of the rights of a person. It is filed in court when one believes that a specific individual or organization is not fulfilling its legal duty. This is different from a criminal case. Generally, a civil suit involves the payment of money, property, or assets to the victim.

A person who files a civil suit in court is called a plaintiff. While the opponent is called a defendant. Examples of civil cases - property cases, business disputes, family issues, etc. Sometimes people file a civil suit in court either for economic reasons or to damage someone’s reputation in society. The judiciary tries & helps to resolve the dispute between two parties according to the Indian Laws.

A) Tort Laws -  Tort laws deal with the person who does wrong with a person that causes harm or loss to the person. The victim faces injury due to the actions of the offender. The main aim of the tort laws is to discourage these activities. The offender must have to pay the compensation to the victim. 

What is the difference between a crime & a tort?

A crime is an act that disrupts the social order of the society in which we live. And, a tort is an offense that damages the person or his property. Crime is mostly intentional. 

Criminal court deals with criminal activities. And, the Civil court deals with the torts.

B) Contract Laws - When someone breaks the contract claims or lacks to maintain the terms of the contract, the other party can file a complaint under the contract laws.

According to contract laws, a contract is an agreement between the parties which is enforceable by law. 

C) Property Laws - This law deals with the disputes among the parties due to the property. It includes land, house, personal property, assets & intellectual property. 

What are the four main property rights of a person?

The four main property rights are - 

1. Right Of Possession
2. Right Of Control
3. Right Of Sell/Alienation
4. Right To Earn Money Using Property
5. Right Of Disposition

D) Equity Laws - It is a legal system applicable only if the existing laws do not provide a solution to the dispute. Sometimes, the existing laws do not provide a solution to a problem. Then equity laws come into the role.

When a civil matter first arises, a complaint needs to be filed on the claims made by the party. When the date comes, the respondent has to produce such evidence which is stronger than the petitioner to win the case.

After the hearing of both sides, the judge decides to give the final statement.

What is a Criminal Case?

Violation of the public code of conduct in the society, or someone tries to harm society by his misdeeds, is counted under criminal offences. Violation of the status of law comes under punishable criminal acts. These offenses are governed under the sections of IPC i.e, the Indian Penal Code. The punishment in these cases varies from prison to probation or punishment.

What Is The Procedure For A Civil Case?

After the committing of crime or being a victim of a crime

A) Filing Of An FIR- FIR is filed for the crime and information is taken about what happened to the victim.

B) Investigation- When a person registers an FIR against a person, the police need to investigate the matter according to the charges leveled against him. The offenses are mentioned in the Indian Penal Code and the investigating officer is asked to arrest the accused after collecting the evidence.

C) Presentation In Court- After the arrest of the accused, he is produced in court before a magistrate and the trial begins, which may take several days depending on the nature of the case.

D) Defence Prosecution- When someone registers an FIR, it is known as State. The state provides a lawyer to fight the case and the accused had to present their defense. In cases where people cannot find a lawyer, they are provided with an advocate by the court.

E) Final Order- After hearing the cases, the judges reach a conclusion. If the accused is proved guilty then the court decides the punishment as per the different laws.

1. Trustworthy & Confidential - We assure you that all your personal details & documents must be kept private. We never share these details with anyone.   
2. Expert Advice - Sometimes both partners need expert advice before filing for a civil suit. We have the most experienced & provide you with the best guidance.
3. Zero Stress - The partners do not have to worry about the paperwork & complex process at the court. Our Associate will perform all these actions at the court. 
4. Top Quality Lawyers - Lead India Law Associates will help you to choose among the best civil lawyers for your civil suit. There are different associates who work with us, you can choose a lawyer depending upon their practice area, experience & user rating. 
5. Track Your Case - We provide you the opportunity to track your cases from the online dashboard. You can easily track your case status, payment status, etc.