Top Civil Lawyers in Mumbai - Kaleeyantey
At Kaleeyantey, we connect you with the top civil lawyers in Mumbai who can
handle your legal matters with dedication and competence. You may be certain
that you'll receive the best counsel and advice available if you have a list of
the top civil lawyers who have been hand-selected for your case. Let us help
you find the legal defence you need to obtain the best outcome.
We always have qualified civil solicitors on standby to take
on any legal issue. They offer the best civil lawyer services in Thane, Panvel,
Navi Mumbai, and Mumbai. Contact Kaleeyantey immediately to take the first step
towards resolving your civil legal difficulties with assurance.
Let's examine more closely and decide if you require the
knowledgeable assistance of the top civil lawyers in Mumbai.
Meaning of Civil Law
Roman law, sometimes referred to as Romano-Germanic law, is
derived from the old Roman term "jus civile," which meant
"citizens' law" and was used to describe the legally enacted laws in
Rome.
Civil law is a body of rules or regulations that addresses
individual civil or private rights rather than the interests of the public at
large. It is typically organised and mostly concentrates on the interpersonal
interactions between two or more persons.
Concepts from the Corpus Juris Civilis then spread throughout
Europe. Though its influence has waned, it nonetheless serves as the foundation
for modern civil law systems worldwide.
Features of Civil Law
The following are the main
characteristics of civil law:
Concerning citizens’ private rights
Civil
Law is solely concerned with citizens’ rights. It applies to any legal
relationship or obligation dispute between two or more individuals or legal
entities. It
is enjoyed by people who live in a state that uses legal procedures to enforce
obedience. Civil law aims to accomplish two goals:
·
Keep
citizens’ rights from being violated, and
·
In
the event of an infringement, restore citizens’ rights.
Codification
In India, civil laws are virtually always codified
regulations. A collection of articles in the form of broad rules that are
sufficiently flexible to be applied in particular circumstances make up
codified civil law.
The benefits of civil law codification
are as follows:
·
It
increases the certainty of law in a legal system,
·
It
is clear and specified, as opposed to hazy customary laws, which increases
citizens’ trust in the judiciary,
·
It
facilitates law study by allowing specific provisions to be easily and
systematically remembered and applied; and
·
It
is easily adaptable to the changing needs of the state
Civil liability
Civil responsibility is the legal requirement for an
individual to make restitution to another individual or their property. When a
citizen injures another citizen in a civil dispute, they are required to make
amends.
There is a one-to-one duty of compensation under civil law.
It contrasts with criminal law, where a criminal who commits a crime that has
an impact on society faces a penalty or fine.
Subjective application
The extent to which civil laws are
applied may vary subjectively depending on the territory, citizens, etc.
Civil law branches in India
A wide range of legal issues pertaining to the rights and
obligations of citizens are covered by the enormous body of civil law. Several
prominent branches of civil law exist, some of which are listed here:
Contract Law
A subset of civil law known as contract law regulates,
upholds, and interprets contracts pertaining to the exchange of products,
services, real estate, or money. It grants the injured party's remedies as well
as the contracting parties' rights and obligations. Additionally, the contract
law outlines the means of obtaining legal remedies.
Contract law in India is governed by the Indian Contracts
Act, 1872, which defines a contract as "an agreement enforceable by law"
(Section 2(h)). Many types of contracts, including agency, indemnity, and
bailment, are established by the Indian Contract Act of 1872. Additionally, it
specifies if a contract is void, valid, or voidable.
Property law
Property law is the area of civil law that deals with the
belongings of citizens and regulates their rights to use or transfer their
property as well as their limitations when using that of others.
Real property refers to immovables like land, buildings, and
other immovables; personal property includes things like cars, furniture,
stocks, and other moveable and tangible (or intangible) goods.
Property law in India is governed by the Transfer of Property
Act of 1882, the Indian Contract Act of 1872, the Indian Easement Act of 1882,
and other acts.
Family law
Family law controls how members of a specific family interact
and are connected to one another. It establishes family members' rights and
obligations with regard to adoption, maintenance, marriage, and divorce.
The Hindu Marriage Act of 1955, the Indian Christian Marriage
Act of 1872, the Dissolution of Muslim Marriages Act of 1939, the Muslim Women
(Protection of Rights on Divorce) Act of 2019, and other acts are among those
that govern family law in India.
Tort law
A tort is a civil wrong that someone or something does to
another that results in injury to his body or damage to his property. Civil
tort law allows the victim to sue the offending party for damages, and it is
typically uncodified. Examples of torts are defamation, carelessness, and
trespassing.
Cases handled under Civil Law
In general, there are four types of
civil law cases:
Tort claims
A tort is a civil wrong committed by
one person or entity against another that causes him bodily harm or property
damage. Tort claims are classified as follows:
·
Negligence:
Negligently causing harm or damage;
·
Intentional:
Intentionally causing harm or damage.
·
Strict
liability: Causing injury or damage due to failure to keep something the
wrongdoer possesses safe (or preventing it from escaping).
Tort claims include the following:
·
Professional
negligence,
·
Trespass,
·
Animal
attacks (e.g. dog bites),
·
Defamation,
etc.
Contractual claims
Contractual claims arise when one or
more parties fail to fulfil their contractual obligations. Examples of
contractual breaches include:
·
Disputes
over the sale of property,
·
Sale
of a defective product,
·
Non-payment
of money,
·
Violation
of contractual conditions, etc.
Equitable claims
Equitable claims are sometimes known as injunction suits.
These cases aren't about getting paid; instead, they're about stopping someone
(a person or a company) from doing something. In the event of equitable claims,
the court may order the wrongdoer to:
·
Stop
the action,
·
Change
the course of action, etc.
Class action claims
A class action claim is, as its name suggests, a lawsuit
brought by a number of harmed parties. Usually, companies are the target of
these kinds of lawsuits. A class action lawsuit could be filed, for instance,
if:
·
A
company sells hazardous products
·
Someone
defrauds a group of people.
How do I know if I need a civil lawyer?
Consult with civil litigation lawyers before pursuing a
lawsuit. They are knowledgeable about the processes and documentation and know
which cases have the best chance of succeeding. A litigation advocate can offer
you advice on whether alternative dispute resolution is a better option in certain
instances.
A civil lawyer could be able to assist you if you've been
facing an uphill battle to resolve a disagreement. A civil attorney seeks to
assist you in obtaining justice while pressuring the opposing side to
acknowledge fault.
Why hire a civil lawyer?
Not all civil law businesses or solicitors focus solely on
righting wrongs in the country. They also strive to make amends for injustices
against individuals. Typically, a civil lawyer represents parties in disputes
involving:
·
Divorce
·
Trusts
·
Wills
·
Contracts
·
Mortgages
·
Titles
·
Wills
·
Personal injury
·
Workers Compensation
They also handle corporate,
personal injury, and civil rights cases. In several other instances, solicitors
are on hand to provide guidance to those handling intricate processes.
How can a lawyer help?
Civil lawyers are necessary in civil cases. Their primary
responsibility is to gather the evidence needed to present your side of the
story to the other side and, if needed, the judge. Because of their experience
dealing with these issues, they find evidence that you might not even look for.
To stop it from happening again, they want to know why it
happened in addition to establishing what happened.
A civil lawyer hears your side of the story and takes into
account how you want to appear to the adversary while gathering evidence. In
this sense, district or criminal advocates are more concerned with punishing
wrongdoing than they are with representing your interests.
Finally,
a civil lawsuit seeks justice for you rather than punishment for the other
party.
Services our professional team of civil lawyers provide
·
Appearance before various competent
authorities in all commercial and civil proceedings,
·
Drafting and submitting multiple
documentation, such as deeds, plaints, and applications
·
Property-related documentation, such as sale
deeds and memorandums of understanding.
·
Filing trademark and copyright applications,
as well as handling trademark litigation in various courts
·
Negotiate settlements in legal cases, property
disputes, and so on.
·
Family Law, Constitutional Law, Service Law,
Company Law, Insolvency, Banking and Finance Law, Wills and Probate, etc
·
Keep our clients updated on any changes or
updates to the law.
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