Table of Contents
INTRODUCTION
Law is a set of legitimate rules, statutes, and precedents, which are applicable within a given jurisdiction. The fundamental aim of Law is to deliver justice. The magnitude of different offenses decides the level of punishment. Broadly, there are two categories of Law, namely, Civil Law and Criminal Law. Civil Law deals with cases where wrong is done against a particular individual. Criminal Law includes matters of offense against society at large.
The most common civil wrongs are Negligence and breach of contract, murder, rape, etc. The source of civil and criminal laws lies in the colonial era. Historically, French Dutch German Spanish and Portuguese colonies followed a Civil Law system. Civil Law is one of the codified sets of legal rules having its roots in Europe. The core principles are drafted into such rules as forming the primary source of Law. Common-Law systems come from legal principles that are judge-made laws. These precedents have authority.
The concept of civil justice has existed in India for ages. Manu compiled the justice system of India. His voluminous work entitled “Manava Dharma Shastra” contains the legal provision. However, the Vedas incorporate the concept of justice.
Essential Features
1) Civil Laws are a codified set of legal rules.
2) The codified Law bears a binding for all. There is little scope for judge-made law in civil courts. Yet, looking into the practical aspect, the judges follow the precedents.
3) Writings of Legal Scholars do have a substantial influence on the courts.
Civil Laws – Branches
civil Laws have a vast scope. A few of them are well-defined and codified, and the remaining are based on precedents. Some of the civil laws in India are:
Administrative Law
Family Law
Contract Law
Tort Law
Business Law
Media Law
Sports Law
Tax Law
Consumer Law
The Code of Civil Procedure, 1908, deals with the procedural part of civil proceedings. The code has two divisions:
1) the first part contains 158 sections, and
2) the second part includes the First Schedule, which has 51 Orders and Rules.
The sections deal with the general principles relating to the jurisdiction of the matters and orders. They also include rules that provide in detail the procedures that govern civil proceedings in India. The main aim behind the act is to ensure the speedy disposal of cases.
Contract Law
Contract Law deals with an agreement entered between two or people. They can be individuals or companies, both having an obligation to fulfill it. For example, two parties sign a contract regarding the delivery of goods. If one party violates any of the contract provisions, it qualifies as a “breach of contract.” Contracts/Agreements may be either oral or written unless expressly stated as a requirement by any particular law to be put in writing.
Tort Law
It is concerned with personal injuries against private individuals. A tort can be against either a private individual or property. The property can be movable or immovable. The injured party receives monetary compensation. i. There can be either a case of intentional, unintentional tort or no-fault liability. The two essentials of torts are:
1- The existence of a legal right,
2- Its violation to which damages are awarded
Property Law
This category covers any property: personal or real, tangible, or intangible. Tangible property includes anything that can be seen or touched like animals, jewelry, etc. Intangible property comprises property such as intellectual property rights or stocks and bonds. As per Law, the land is not only defined as the surface in general. It also includes all the things attached to it.
For example: – A woman noticed that while planting flowers in her garden, her neighbor had five extra flower pots with her. But there was no place to put them in her garden. So, she decided to take additional containers without seeking permission from the neighbor. She wanted to put them in her yard as well. Therefore, she deprived her neighbor of her saplings and planted them in her yard. The woman’s action, in this case, would amount to conversion
Family Law
Family law is a branch of Civil Law that deals with marriage, divorce, annulment, child custody, adoption, birth, child support, and other issues relating to families. This branch of Civil Law is unique in the sense that there is not necessarily one person who commits a civil wrong. The involvement of family courts come into picture in cases relating to the division of property and other assets, establishing custody of a child, deciding maintenance in divorce cases, spousal support, etc.
Hierarchy of Civil Courts in India:
India follows a hierarchical system, giving different powers and authority to courts in India. The Supreme Court of India located in New Delhi is the apex court; the factors in determining the further hierarchy of the civil courts are jurisdiction, i.e., monetary and territorial. Pecuniary means depending upon the case value of suit and territorial refers to the area in which the particular offense was executed.
Supreme Court of India: The Supreme Court of India is the apex Court having appellate jurisdiction for all civil matters. The judgments of the Supreme Court of India are considered final. These are also binding on all the Indian courts.
High Courts: Next in the hierarchy are the High Courts, established state-wise, or common High Court for two or more states.
District Courts/ City Civil Courts: Then comes the District Courts generally having pecuniary jurisdiction of Rs 20 lakh but more than 3 lakh.
Lower Courts: The lowest in the hierarchy include Munsif’s Courts and Small Causes Court.