One of the civil rights in India is-Man must live before he can do anything. The state has to make provisions for the well-being and safety of its citizens. The right also implies to the right to self-defense and prevention of suicide.
Law is a body of legitimate rules, statutes and judicial precedents enforceable within a particular jurisdiction. The very foundation of law lies at the delivery of justice, by penalizing the wrong-doers. However, every act of offense is not of the same degree and magnitude. Therefore every act of violation of the law cannot be penalized in the same way. Keeping this in mind, the law in India can be classified broadly into two types- Civil law and Criminal Law.
The code of Civil Procedure, laying down the procedure for trial of civil cases in India is elaborate and comprehensive. The foundation of this code can be found in the colonial era when the need for uniformity of civil procedure was felt by the British Government in 1856. However, it turned out to be ineffective and thereafter, the Code of Civil Procedure of 1908 came into existence. Even after independence, this code has seen a number of amendments to keep up with the changing and dynamic spirits of time.
The scope of CPC is huge as it encompasses a number of matters of civil importance. It lays down the procedure for courts to follow while trying civil cases. This code also specifies the jurisdiction of civil courts in India. Under this act, special discretionary powers, known as inherent powers are granted to the court based on the principle of natural justice. These are applicable in case of the absence of legislation or precedents.
The civil remedy for recovery of money is by way of institution of a suit in a court of appropriate jurisdiction. The suit can be instituted under Order IV of the Code of Civil Procedure 1908 (CPC).
A lender can file a civil suit to recover her or his money from the defaulter through promissory note or loan agreement. He or she can file this suit under Order 37 of CPC which allows an individual or lender to file a summary suit.
Article 137 is a residual provision, and provides for a limitation period for any application for which no period of limitation is provided in any of the Articles in the Schedule to the Limitation Act. It provides for a period of limitation of 3 years from the date when the right to apply accrues.
In money suit after appearsnce of yhe defendant, he have to file his written statement to the suit. After thst isdued wiil be framed. Suppose any thing left while filing w,s. You can ammend w,s with permission of the court.
Motor Accident Claims Tribunals [MACT Courts] deal with claims relating to loss of life/property and injury cases resulting from Motor Accidents. The Claims are to be directly filed in the concerned Tribunal. MACT Courts are presided over by Judicial Officers from Delhi Higher Judicial Service.
If you or a loved one were involved in a road crash that resulted in death, injury, or disablement, you are eligible to receive compensations from the Motor Accidents Claims Tribunal (MACT). Established under the Motor Vehicles Act of 1988, MACT is a civil court that gives victims an opportunity to be heard.
In civil law, defamation is punishable under the Law of Torts by imposing punishment in the form of damages to be awarded to the claimant. … Under the Criminal law, Defamation is a bailable, non-cognizable offence and compoundable offence.
A plaintiff in a defamation case is entitled to receive damages for any lost earnings, future lost earning capacity, and other lost business or economic opportunities that he/she suffered or is likely to suffer as a result of the defamatory statement.