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Consult and Get Legal Advice from Civil Expert Lawyers in Kolkata

Abhimanyu Shandilya

Advocate and Legal Counsel
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Banking
  • Commercial
  • Criminal
  • Cyber, Internet, Information Technology
I am a Practicing Advocate at Calcutta High Court and all the District Courts in and around Kolkata. I handle both Civil and Criminal Matters along with the matters at Tribunals like AFT and Consumer Forum. I have earlier worked for State Bank of India (SBI), Infosys & Hewlett Packard (HP). View Full Profile

ROBERT D ROZARIO

Advocate High Court
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Administrative Law
  • Adoption
  • Child Custody
  • Commercial
Advocate Robert D Rozario has been practicing and handling cases independently with a result-oriented approach, both professionally and ethically and has acquired over 15 years of professional experience in providing legal consultancy and advisory services. View Full Profile

K Mondal

Lawyer
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Military Laws
  • Criminal
  • Divorce
  • Documentation
Deals in any kind of Armed Forces Tribunal (Court Martial, Disciplinary Proceedings, Disability Pension, Round Off, Transfer etc), Writ, Civil, Criminal, Property, Company C.A.T, S.A.T etc matters. View Full Profile

Debasis Mitra

BA.LLB
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Arbitration And Mediation
  • Power Of Attorney
  • Will
  • Real Estate
Debasis Mitra & Associates is one of the most renowned and has experience in the legal domain representing various clients from different court ,forums & Tribunal. We have an extensive network of Lawyers and Counsels for support of our clients throughout India. View Full Profile

Vedant Lakhotia

Legal Counsel
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Insurance
  • Divorce
  • Commercial
  • Adoption
I have a positive attitude towards handling the case and give a very patient hearing to the clients problems. The solution provided by me is after considering the problem of the client to be mine own. Advice in the nature of hardcore professional is only given. View Full Profile

Sunny Jaiswal

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Civil
I have a passion in the legal profession. Primary areas of practice are corporate commercial and civil laws, consumer redressal disputes, Deeds and other contracts, Divorce and many more.... View Full Profile

Md Danish Taslim

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Real Estate
  • Registration
  • Bankruptcy And Debt
  • Documentation
I am an ordinary Lawyer who has been blessed to devil under a great mentor and fortunate to work with reputed, dignified and eminent lawyers. I believe that I was born to learn and will die a student. View Full Profile

Joydeep Dutta

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Criminal
  • Landlord and Tenant
  • Media, Communication, Entertainment
  • Police Laws

Arvind Kumar Singh

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Debt Collection
  • Landlord And Tenant
I am practicing as a laywer for the last 2 years in civil and criminal matter in the Lower court as well as in the High Court of Calcutta. View Full Profile

Barun Ghosh

Sr. Lawyer , Sr. P.P. In-Charge
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Adoption
  • Banking
  • Cheque Bounce
  • Child Custody
I am an individual lawyer with associates having background in finance law and accounts as Cost Accountant and dedicated to professional excellence, personal and high quality support and effective solution oriented advocacy with proper due diligence in litigated matters and also strategizing them. View Full Profile
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  • What is civil law?
  • What is the procedure of a civil case in India?
  • What are the main features of civil laws?
  • How to file a case of civil matter?
  • Where to file a suit of civil matter?

What is civil law?


Procedural laws prescribe procedure for the enforcement of rights and liabilities. Effect of substantive laws to a large extent depends on the quality of procedural laws. The governing law for Civil Procedural Laws is the ‘Code of Civil Procedure, 1908’. The object of the code is to consolidate and amend laws relating to the procedure of Courts of Civil judicature, it is to facilitate justice.

“A procedural law is always sought in aid of justice, not in contradiction or to defeat the very object which is sought to be achieved. A procedural law is always subservient to the substantive law. Nothing can be given by a procedural law what is not sought to be given by a substantive law and nothing can be taken away by the procedural law what is given by the substantive law.” – SC in Saiyad Mohd Bakar v. Abdulhabib Hasan (1998) 4 SCC 343 at p. 349.

Some features of the Code of Civil Procedure, 1908:


  • This Act is applicable to whole of India except the state of Jammu & Kashmir AND the state of Nagaland and the tribal areas
  • Since the aim of procedural laws is to supplement substantive laws and the relevant statutes, at instances of dispute b/w CODE OF CIVIL PROCEDURE, 1908 and a specialised statute, the special law gains prominence over CODE OF CIVIL PROCEDURE, 1908; however, at instances of a general law’s silence on a matter the applicable provisions of CODE OF CIVIL PROCEDURE, 1908 become applicable.
  • There are two major parts in CODE OF CIVIL PROCEDURE, 1908. 1st part is ‘The Body of the Code’ which comprises of 12 parts consisting of 158 sections, and the 2nd part is comprised of the Schedule which contains orders & rules.
  • When a court adjudicates a dispute, it either dismisses the case or provides for a decree. Decree is the expression of an adjudication which conclusively determines the rights of the parties, Judgement refers to the grounds for this decision. Order is a decision of the court which is not a decree. All Decrees are Orders however all Orders are not Decrees.
  • CODE OF CIVIL PROCEDURE, 1908 recognizes 4 primary types of jurisdictions, they are the; territorial jurisdiction, pecuniary jurisdiction, jurisdiction over subject matter, and the Original & Appellate Jurisdiction.
  • As per Section 10 of CODE OF CIVIL PROCEDURE, 1908, no court should entertain a suit if it is pending before a competent court under the same title and between the same parties.
  • Courts in the interest of justice, may exercise discretionary powers. This is known as the ‘Inherent powers of the Court’.
  • Section 89 of CODE OF CIVIL PROCEDURE, 1908 refers to Mediation

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