Civil Matters
Civil matter is defined as a matter that is filed in court and is not criminal in nature. Examples include employment matters, breach of contract, dispute between landlord and tenant, company disputes, money laundering, fraud, cheating, and so on.
Criminal matter vs. Civil matter
The law sees civil matters and criminal matters differently. A criminal matter is one that causes harm to an individual physically or mentally or causes harm to the society as a whole. In this matter, the offender is often punished by law either through imprisonment, or through fines, or by both. The accused is taken in the court and proven guilty and convicted.
On the contrary, a civil matter does not involve all of the above. There can be an imprisonment, but mostly the punishment is imposition of fine and compensating the victim in monetary value for the damage done, which is usually financial.
The role of police in civil matters
Usually, the police do not investigate civil matters in which there is no criminal element. Civil matters are resolved through private civil lawyers or mediators. Both parties sit together and settle the case. If no agreement can be reached, then the matter goes to the court, where the judge hears both parties and gives the verdict.
Civil Code of Procedure
A uniform civil procedure code was introduced in India in 1859 with the passing of Civil Procedure Code (Act VII of 1859). This code underwent many amendments during the course of time and finally, today, there is the Civil Procedure Code (CPC), 1908, which regulates all the civil matters in India.
The CPC comprises Body of the Code and schedule. Body of the Code contains 12 parts, which are made up of 158 sections. The Schedule contains Orders and Rules.
Benefits to choose service
It is imperative to hire legal service to resolve civil matters. When a complaint is filed against you for cheating or fraud or any other such civil matter you must contact a lawyer specialising in these cases and get the best legal advice and representation. This also holds true in case you are the victim of fraud or any civil matter. Not everybody is aware of how the case proceeds under the Civil Procedure Code. A lawyer by your side can make things easier and smoother.
Frequently Asked Questions (FAQs)
Yes. Property issues, real estate matters, renting or buying property, and so on comes under civil matters.
The common civil matters in India include:
- Contract disputes: This happens when one or more parties fail to comply by the clauses in the contract and is called breach of contract.
- Property disputes: Plenty of disputes occur for property, such as ownership, division, trespassing, damage to property, and so on.
- Torts: This is a civil case in which one party claims that the other party caused them emotional or physical harm. This case can be of various forms and relate to the safety of an individual, their property, and/or finances.
- Class action cases: These cases involve a group or class of people who have been injured or cheated by another party. For example, exposure to hazardous materials that harmed multiple people, defective products that caused injury or damage, and others.
- Complaints against the government: These cases are tackled as civil matters and mostly settled out of court, but if not possible, then they are tried under CPC in court.
Although each case is different, there is a similar procedure or outline of process:
- Pleading: The plaintiff files a complaint in the court.
- Pretrial motions: Either party can file a motion for judgement. If there are no facts, the court can skip trial and the judgement may go in favour of filer.
- Discovery: It refers to discovering facts and accumulating information for the case.
- Trial: Both plaintiff and defendant argue in the court. Witnesses are cross-examined. Evidence is presented. The verdict is given.
Appeal: The party that loses the civil litigation case can appeal to the High Court to review the case. Although “appeal” as such does not exist in CPC, it is precisely Reference under Section 113 and Order XLVI of CPC, 1908, which means referring the case to the higher court.
Yes, if you are a lawyer. No, if you are not a lawyer. This is because civil cases can become complex with each twist and turn. You must be well-versed in law to represent your own case. Suppose you are a consumer who has been deceived by a product manufacturer and delivered a defective product. You may not know how and where to file a complaint in this case, let alone fighting it. It is better to hire a lawyer and let them represent your case so that you get your due compensation and not are left frustrated and with a feeling that injustice has been done to you.
Yes, arrest and detention can be done under Sections 55, 59, 135, 135(A), Order XXI, Rules 37-40 under CPC, 1908. Imprisonment can also be done, the period of which depends on the case.