To maintain and promote peace and harmony in society, the legislature introduces various laws. In India, the law is being introduced and enforced to confer the individual or the community of people with their rights, liabilities and duties. Even the Hon’ble Apex Court of the country laid down the various precedents which are not present in any statute but are laid down by keeping the national/public interest at large.
Civil law in India is the law that regulates the action between two individuals. The law governs the civil rights and liabilities between individuals and organizations. If any dispute arose between the parties, not of criminal nature, then such disputes are regulated under Civil Law.
There is a thin line of difference between Civil Law and Criminal Law. The process of Civil Suite in India can be very confusing. In Civil Law, the individual can only claim for the relief of the damages which has been accrued because of the dispute between the parties. Neither court nor any other competent authority can penalize anyone under civil law.
There are various types of civil law under various statutes, such as
The law which governs the dispute arising between the properties, either due to transaction in relation to the property, or dispute that arose with regard to possession or transfer of property, is known as Property Law. The filing of claim shall be done in accordance with the procedure laid down in the Civil Procedure Code, Specific Relief Act and Transfer of Property Act.
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The law which governs the loan transaction between the alleged defaulter and the bank is called Banking Law. This dispute can be with regard to the default of the loan, or failure of paying EMI by the Customer or with regard to possession of security property by Bank, but does not include the dishonour of cheque, because the cheque bounce matters are referred to as criminal liability under Indian Law. The law related to the banking transaction is governed under order 37 of the CPC, before Civil Court or under SARFESI Act before Debt Recovery Tribunal, depending upon facts and circumstances of the case.
Family law governs the conflict which takes place either between the husband and wife, or between the wife and family members of the husband or the conflict within the family members with regard to the succession of property, and also with regard to the custody of the child. The regulation of such conflict which arose within the family is governed under personal family laws of the particular religion, or even by the succession law and the guardianship laws. The same does not include the act of domestic violence, or the law governing maintenance cases, as such acts are held to be the criminal act under Indian Law.
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The law that governs the conflict between the consumer and the manufacturer or between the consumer and the dealer is the consumer law. Such dispute is being resolved under the law laid down in the Consumer Protection Act.
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