As the name suggests, Civil Law comprises of set of rules and regulations which helps in resolving disputes which are non-criminal in nature. The law in India is primarily governed by the Code of Civil Procedure, 1908 (CPC) which is a procedural law pertaining to administration of civil proceedings in India.
The CPC enumerates the procedures pertaining to filing of suits, written statements, filing of documents, evidences, summons etc. Apart from this the civil law in India is governed by numerous Acts and Rules which deal with specific commercial transactions. For instance, the Indian Contract Act, the Trademark Act, Real Estate Regulation Act etc.
Thus, it is an embodiment of Acts and Rules which deal with day-to-day transactions of civil and commercial nature. The civil remedies constitutes of payment of damages and compensation and not infliction of punishment or penalty for the wrong done. Many a times, an offence has both civil as well as criminal remedy.
The law in general comprises of remedies under the following Acts whose remedies comprise payment of damages and compensation and does not ensue any criminal implication:
- Contract Law
- Matrimonial Laws
- Property Law
- Family Laws
- Company Law
- Intellectual Property Law
- Real Estate Law etc.
Corpsage Legal, has a team of Commercial Court Lawyers based out of New Delhi. The legislation of “The Commercial Courts Act, 2015 has proven a game changer litigation. In India, Establishment of commercial courts has speedup the commercial litigation. Its new and effective substitute of exorbitant and expensive arbitration proceedings. The Commercial Courts Act has had a significant impact on the resolution of commercial disputes in India. The legislation is enacted by the Indian government to establish specialized commercial courts in order to address commercial disputes efficiently and promote ease of doing business, with the aim to expedite the resolution of commercial disputes. Recognizing the need for a dedicated mechanism to address commercial disputes, the Indian government introduced theCommercial Courts, Commercial Appellate Courts, Commercial Division and Commercial Appellate Division, commonly referred to as the Commercial Courts Act. By establishing specialized commercial courts, introducing time-bound procedures, and encouraging the use of ADR mechanisms, the Act has contributed to the expeditious and effective resolution of commercial disputes.
The commercial court act, also empower the five High Courts of India i.e. High Court of Delhi, Bombay, Madras, Calcutta and Himachal Pradesh to exercise the original civil jurisdiction. The disputes exceeds Rs. 1,00,00,000/- shall be entertain by the original civil jurisdiction of the High Court. It offers pre-litigation mediation between the Parties. It mandates that the parties must explore the possibilities of the mediation to resolve their commercial disputes before approaching court/initiating litigation except the suit which does not require any urgent interim relief. If the counter party fails to appear or the mediation process fails then the party may approach the commercial court. Where the subject-matter of an arbitration is a commercial dispute of a Specified Value and If such arbitration is an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that have been filed in a High Court, shall be heard and disposed of by the Commercial Division where such Commercial Division has been constituted in such High Court.
Our commercial litigation lawyers regularly advise on commercial litigation strategy and represent clients in the Supreme Court, the High Court of Delhi and subordinate courts and tribunals in all kinds of commercial matters. We work closely with our clients for their disputes resolution in a cost effective and effective manner. Our years of experience has made us efficient in strategising and executing high profile commercial litigation.
For more information, please write to us at corpsagelegal@gmail.com