Civil Lawyers in Chandigarh
Key Areas of Litigation under Civil Law:
We at The Law Codes assign civil work to our experienced civil lawyers in Chandigarh who represent the clients before High Courts and the Supreme Court. Under the able guidance of seniors, a dedicated team of our associates represents the cases of our clients before civil courts in Chandigarh (tri-city) to establish a concrete groundwork at the court of the first instance. We offer specialized services in the following areas: –
- Legal consultation in core civil matters;
- In-Chambers Mediation;
- Family Settlements/Agreements;
- Suits seeking permanent/temporary injunctions;
- Suits seeking declarations regarding ownership/possession etc.;
- Landlord & Tenant Disputes (Rent Petitions);
- Represent clients before courts in civil disputes;
- Drafting of case/pleadings — plaint, written statement, replication/rejoinder (preparing a detailed sequence of facts in issue aligned with legal principles to have a proper foundation);
- Examination/cross-examination of the witnesses;
- Legal Arguments at the final stage;
- Review after judgment;
- Civil Revisions;
- First appeals;
- Regular second appeals in the High Court (RSA);
- Special Leave Petition, Civil (Supreme Court).
- The Law Codes team of civil lawyers in Chandigarh identify the core legal issues involved, statutory rights of the party, available civil remedies & most efficacious remedy under Law. Our endeavor at The Law Codes is to incorporate descriptive pleadings, effective evidence, and meticulous arguments to ensure the outcome of the case for our clients.
- Broad Principles under the Civil Law:
- The burden of proof is on the party who asserts the fact;
- The preponderance of Probabilities;
- Parties to approach the court with clean hands;
Suits to include the whole claim.
Why engage the most experienced Civil Lawyers only?
Our distinguished team of civil lawyers in Chandigarh has renowned civil lawyers with experience spanning over 35 years. Civil Law is a subject that requires detailed research and special expertise that cannot be handled well if one does not possess the requisite experience needed in handling civil disputes. More often than not, the parties to the civil dispute end up losing their case because of improper handling of the case that includes wrong remedies availed, incomplete pleadings, inadmissible evidence adduced, and non-legal arguments addressed in complete disregard and absence to the fundamentals of civil law. At The Law Codes, Senior Lawyers in Chandigarh are assisted by a team of junior lawyers, handle complex civil disputes, spend considerable time in research, drafting the pleading, adducing evidence, and addressing final arguments. Our team of civil lawyers in Chandigarh possess the requisite experience in the field and are well worst with the latest trends, developments, and judgments of the Hon’ble Supreme Court and various High Courts in civil law, which clearly gives them an edge before court proceedings.
CIVIL TRIAL: Engage Our Civil Lawyers
The trial of a civil dispute in court is intended to achieve, according to law and the procedure of the court, a judicial determination between the contesting parties of the matter in controversy. Opportunity to the parties interested in the dispute to present their respective cases on questions of law as well as fact, ascertainment of facts by means of evidence tendered by the parties, and adjudication by a reasoned judgment of the dispute upon a finding on the facts in controversy and application of the law to the facts found, are essential attributes of a judicial trial.
In a judicial trial, the Judge not only must reach a conclusion which he regards as just but, unless otherwise permitted, by the practice of the court or by law, he must record the ultimate mental process leading from the dispute to its solution. A judicial determination of a disputed claim where substantial questions of law or fact arise is satisfactorily reached, only if it be supported by the most cogent reasons that suggest themselves to the Judge a mere order deciding the matter in dispute not supported by reasons is no judgment at all.
Recording of reasons in support of a decision of a disputed claim serves more purposes than one. It is intended to ensure that the decision is not the result of whim or fancy, but of a judicial approach to the matter in contest: it is also intended to ensure adjudication of the matter according to law and the procedure established by law. A party to the dispute is ordinarily entitled to know the grounds on which the court has decided against him, and more so, when the judgment is subject to appeal. The Appellate Court will then have adequate material on which it may determine whether the facts are properly ascertained, the law has been correctly applied and the resultant decision is just.
Recent Supreme Court Decisions in Civil Cases:
- Undivided share in joint family can be disposed by will as per Sec.30 Hindu Succession Act. (Radhamma and others v Muddukrishna and others, decided on 23.01.2019);
- Mere agreement to sell the leased property to tenant would not terminate landlord-tenant relationship. (Dr. H K Sharma v Shri Ram Lal, Civil, decided on 28.01.2019);
- Decree passed on plaintiff’s evidence without defendant’s appearance at trial is ex parte decree. (G.Ratna Raj by LRs vs Sri Muthukumaraswamy Permanent Fund Ltd);
- Second Appeal: obligatory for High Courts to frame substantial question of law even if lower courts’ findings are perverse per see. (Sreedevi & Ors v Sarojam & Ors, decided on 30.01.2019);
- Revenue record entries can be challenged on the ground that it was made fraudulently or surreptitiously (Dharam Singh v Prem Singh);
Section 38 specific relief act: plaintiff has to prove his actual possession on the date of filing the suit (Balkrishna Dattatraya Galande v Balkrishna Rambharose Gupta and another, Civil Appeal No.1509/2019, decided on 06.02.2019).
ImportantLaws/Acts invoked in Civil disputes:
- Code of Civil Procedure
- Indian Evidence Act
- Specific Relief Act
- Indian Contract Act
- Indian Succession Act
- Hindu Succession Act
- Rent Act
- Land Acquisition Act
- Limitation Act
- Registration Act
- Sales of Goods Act
Code of Civil Procedure:
By its provisions and interpretation of those provisions, the Code of Civil Procedure has to enact the role of a catalyst in taking the Indian Legal System to the global scenario and competing with the of legal systems across the world.
In today’s times, when information is unified through the Internet and other modes of communication. Municipal Law is not only restricted to a particular country. E-commerce and transnational disputes between private parties have ushered in a completely new arena of litigation wherein not only the conflict of law has to be addressed but also the different legal systems have to be harmoniously streamlined so that no party is put to any prejudice or obtains any benefit because of change in the nationality of the governing law or the forum. Our civil lawyers in Chandigarh are well worst with the latest legal developments and trends in civil litigation and advise our clients accordingly.
Jurisdiction of Courts and Res judicata:
Section 9 (CPC)- Courts to try all suits unless barred:
The courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
Section 11: Res judicata
No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
- Place of Suing:
- Section 15- Court in which suits to be instituted:
- Every suit shall be instituted in the Court of the lowest grade competent to try it.
- Section 16– Suits to be instituted where subject-matter situate.
- Evidence in Civil Cases:
- Oral Evidence
- Documentary Evidence
- Presentation of the plaint (Order 7 of CPC);
- Service of summons on defendant (Order 5);
- Appearance of parties;
- Ex-party Decree (Order 9);
- Filing of written statement by the defendant (Order 8);
- Production of documents by parties (plaintiff and defendant);
- Examination of parties;
- Framing of issues by the Court (Order 14);
- Summoning and Attendance of Witnesses (Order 16);
- Hearing of suits and examination of witnesses;
- Preparation of Decree;
Execution of Decree.
‘Ubi Jus IbiRemedium’ Where there is wrong, there is a remedy. In simple terms, the law specifies a remedy for every wrong. Individuals have enforceable legal rights and whenever they are breached, the courts can be approached to obtain a declaratory decree or injunction order by filing suits of civil nature or applications seeking injunction.
Cases where civil courts cognizance is expressly or impliedly barred: – Tribunals and administrative bodies established under special acts like DRT & CAT shall be approached in such matters for availing the appropriate remedy.
Special Proceedings: Alternative Dispute Redressal System
Section 89- Settlement of disputes outside the Court: Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for: –
(c) Judicial settlement including settlement through Lok Adalat;
Power of Reference, Review and Revision:
Section 113- Reference to High Court
Section 114- Review
Section 115- Revision
The clients can opt for the following reliefs before the Hon’ble High Court in
- Civil Cases:
- Civil Writ Petitions;
- Regular Second Appeal (RSA);
- Civil Revisions;
- Stay Application;
Transfer Petitions Intrastate and Interstate (Punjab and Haryana).
- Proceedings before the Hon’ble Supreme Court in Civil litigation:
- Special Leave Petitions (Civil);
- Civil Writ Petitions;
- Transfer Petitions.
Legal Drafting Services:
Our civil lawyers in Chandigarh analyze your case in-depth, and thereafter, give you the right options under the law. As a law firm, we give options to our clients to engage our civil lawyers in Chandigarh in the civil and family, and property disputes that involves drafting of pleadings, attending court hearings, conducting evidence, and arguing the matter till the conclusion of the proceedings.
Being a Law Firm, we also give flexibility to the clients to opt for our drafting services which include detailed and comprehensive drafting of pleadings (plaint/petition and written statement/reply) and written arguments by our experienced civil lawyers in Chandigarh, as per the convenience and tailored needs of the clients. This approach enables our clients to present a legally tenable case premised upon a strong foundation of clear facts in consonance with the latest law on the subject matter. The drafting services include:
- Drafting of case/pleadings— plaint, written statement, replication/rejoinder (preparing a detailed sequence of facts in issue aligned with legal principles to have a proper foundation);
- Drafting of Family Settlements
- Drafting of Statements- Examination-in-chief
- Drafting Civil Revisions;
- Drafting First appeals;
- Drafting Regular second appeals in the High Court (RSA);
- Drafting Special Leave Petition, Civil (Supreme Court).
- Take legal opinion from our renowned Civil Attorneys:
Getting the right legal advice in civil disputes is the foremost step before availing any legal remedy. Our reputed civil lawyers in Chandigarh believe that the initial legal advice has a lasting impact on the outcome of the civil litigation. Forming a legal opinion requires an in-depth study of case related documents, inputs from clients, and detailed discussions on various aspects of the case— all the factors are clubbed in and taken into consideration with the latest judgments of the Hon’ble Supreme Court and High Courts when our renowned civil lawyers form a legal opinion in civil cases. From our experience at The Law Codes, we have learned that in many cases, the clients have not availed appropriate legal remedies and have availed remedies that ought not to have been availed in the first place. Such an approach puts an unnecessary burden on the Civil Courts or Trial Courts, resulting in clogging the justice delivery mechanism.
Civil Lawyers In Chandigarh For NRI Clients:
NRI clients are often not available to attend courts physically in civil proceedings and have a genuine concern about the development of the case. They expect transparency, reliability, and legal services/online legal opinions. Keeping in mind their genuine concerns, our civil advocates in Chandigarh opt for video conferencing sessions through Google meet, Zoom meetings, Cisco WebEx, and WhatsApp for frequent consultations, giving updates of the Court proceedings, and planning case strategies. Frequent face-to-face interactions with our clients built a Strong Attorney-Client Relationship leading to effective and result-oriented solutions. Our team of expert civil lawyers in Chandigarh helps our clients come out of terrible civil disputes with minimal or no damage. Clients can request an appointment for online consultations through our 24-hour consultation portal at your convenience and our expert panel of Lawyers will revert to you on the preferred mode of communication.
Civil proceedings through Special Power of Attorney:
The parties especially NRIs in the civil disputes can be represented before the court through a valid notarized Special Power of Attorney with apostille certification. There is a specific provision under the Code of Civil Procedure (CPC) enabling a suit/petition to be filed through a power of attorney holder. The Civil Court is empowered to entertain an application filed through power of attorney. Our team of civil law advocates in Chandigarh enables the parties to be represented through Special Power of Attorney so that our NRI clients don’t have to personally travel and visit on an urgent basis.
Recording of statement through Video Conferencing:
We at The Law Codes pro-actively take measures to ensure that our NRI clients can avail video conferencing facilities that save the valuable time of the court as well as the parties. Civil Courts having regard to the facts and circumstances of the case can consider the probability of recording of evidence through video-conferencing to sub-serve the cause of justice, and direct the parties to appear and get recorded their statements through video-conferencing. Our experienced civil lawyer in Chandigarh will advise the clients whenever such legal options are available.