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Civil & Criminal Litigation
In legal terms, litigation is about the Judicial Proceedings that take place in the court. There are two parties and one of them is basically claiming their rights against the other.
A civil suit is different from a criminal proceeding. It involves monetary suits, property suits, recovery suits, Family suits, etc. These all are of civil nature which means generally remedy is compensation, settlement, or Injunction. Not only litigation involves a set of arguments or attending court proceedings, but it does also involve gathering evidence, negotiations, and settlements. The code for the civil suits is Civil Procedure Code, 1908.
The various civil matters are
Breach of contract is a breach of one of the agreed terms of a binding contract. Violations can range from late payments to more serious breaches such as failure to deliver promised assets. The contract is binding and is weighed in the court, In order to successfully claim a breach of contract, it is essential to be able to prove the breach
Any legal dispute regarding some real property also known as real estate is termed as property dispute. Real property can be defined as an immovable property joined directly to the land.
Class Action Suits
A legal action filed by multiple plaintiffs against an individual defendant is called a class action lawsuit. It is adequate for the cases where multiple people have been similarly injured by the actions of the defendant. These proceedings are more adequate when the compensation claimed by plaintiffs individually is too less in decreasing their burden as they have to hear one single collective case instead of a large number of similar small claims cases.
Tort means a civil wrong which is not exclusively a breach of contract or breach of trust”— according to the Section.2(m), the Limitation Act, 1963. There are some essentials of torts like: action or omission by the defendant that cause a legal injury to the plaintiff.
Filing a civil suit
A civil case involves a disagreement between two or more people or institutions, usually over money. A civil litigation begins when a legal person alleges that he has been hurt by the activities of another person or corporation and files a “complaint” with the court seeking relief. The majority of civil lawsuits follow the well-established rules of the Code of Civil Procedure.
The criminal trial includes everything from the filing of the case to the final Judgement. The motive of the criminal litigation is to present the case from both sides i.e the victim and the accused. It is the constitutional right of everyone to be represented by a lawyer in court. The crime can be anything, from simple trespass to big robbery. The criminal litigators are responsible to present the case so the justice is served.
The various criminal matters are
A bail request is made by a lawyer on behalf of the defendant for the provisional release of the defendant. Arrests are made in criminal cases to ensure that the accused must be present during a court trial. However, if the defendant agrees to appear in court without going to jail. And in this case, it is unfair to limit individual freedom so that bail is included in the provisional law. Defendants may be prosecuted for bail and non-bail violations, but may be granted bail. Defendants must meet the requirements stated on the bail application. If the defendant skips any of the bail conditions, the police have the authority to arrest the defendant.
Murder is probably the most serious crime. Depending on the circumstances of the murder, a person convicted of murder may be sentenced to years of imprisonment, imprisonment without parole, or the death penalty.
The exact definition of murder depends on the jurisdiction. Under customary or court law, murder was the deliberate and illegal killing of someone with malicious intent. The term malicious intent does not necessarily mean that the murderer planned or deliberately planned the killing, or felt malicious towards the victim. Malice generally refers to a level of conspiracy or recklessness that separates a murder from other deaths and justifies more severe punishment.
Crime against Private and Public Property
The provisions of the Indian Penal Code, 1860, will apply to any offences involving property, whether movable or immovable. Sections 378 – 460 of this code contain provisions for property-related offences. Burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism are among the offences that fall under the category of property crime. A crime committed for the purpose of obtaining money, property, or some other gain is known as property crime.
Crime against a person
The term “crime against a person” refers to a variety of criminal offenses, usually physical harm, threats of physical harm, or other acts against the will of a person. Those with physical harm (or threat) include assault, harassment, and domestic violence. In addition, crimes such as harassment, kidnapping, and stalking are also considered crimes against the person.
Drugs and Narcotics
A substance that alters one’s mental or physical state are referred to as drugs. They can have an impact on how your brain functions, how you feel and act, as well as your perception and senses. As a result, they are unpredictable and dangerous, especially to children and teenagers. Narcotic Drugs and Psychotropic Substances Act,1985 bans production, usage, trafficking, cultivation, of any drug in India the only exception is use of drugs for medicine purposes.
Offences related to Marriage
Marriage-related crimes are set out in Sections 493-498 of the Indian Criminal Code (IPC) of 1860. These laws deal with various aspects of marriage and subsequent offences. Some common marriage related offence are Adultery, Bigamy, Fraud Marriage, Elopement, etc.
FIR quashing is a petition filed in the High Court for the quashing of an FIR and all related proceedings against the accused. The FIR may be overturned by the High Court if the accused is erroneously involved and the court is convinced that the FIR is wrong and reckless.
The POCSO Act was passed in 2012 and is gender neutral. It acknowledges that boys can also be victims of sexual violence. It defines a child as a person under the age of 18. Police can add a section of the POCSO Act to the First Information Return (FIR) if a child is sexually offended. Special legislation disables IPC, but both sections are often mentioned in FIR. For instance, FIR mentions defendants according to section 376 (rape) of the IPC and adequate sections of the POCSO Act. The penalty for POCSO is more severe than IPC.
Crime against women
In India, violence against women refers to physical or sexual violence perpetrated by a male against a woman. Domestic violence, sexual assault, and murder are all common types of violence against women in India. As a result of the country’s long-standing gender disparities, most of these actions are perpetrated by men. Rape, murder, sexual harassment, domestic abuse, forced child marriage, are just a few examples.
Appeal is a procedure in which a lower court decision / order is challenged in the court of appeal. Appeals can only be filed by those involved in the proceedings in the lower courts. However, if such a person dies, their statutory heirs can also file or maintain an appeal on many issues. Those who file or continue to appeal are called the Appellant, and the courts involved are called the Appellate Court.
A review of a judgment consists of reviewing or re-examining the facts of the case and the judgment. Judgment review is the substantive power of court review referred to in Section 114 of the Civil Procedure Code. This section does not contain any validation restrictions or conditions. Restrictions and conditions are regulated by Rule 47 of the Code of Civil Procedure. Order XLVII contains nine rules that impose validation conditions. Review authority is granted by law and specific review authority is only available in court.
Under Section-115 of The Code of Civil Procedure, High Court is entitled to the right of revision under certain circumstances of any judgement passed by the lower and subordinate courts. This comes under the “revisional” Jurisdiction of the High Court. Revision is the actual revision of all the details of the cases which is done with a view of correcting mistakes critically and carefully with an aim of improving.