What is the structure of the civil court system?
The structure of civil courts in India is pyramidal. The Supreme court is the apex court exercising appellate jurisdiction. Next are the High courts that are established in different states and Union territories of India.
With the exception of five high courts (Mumbai, Delhi, Kolkata, Chennai and Himachal Pradesh) that exercise original jurisdiction, all other high courts exercise appellate jurisdiction over district courts and other subordinate courts established in different districts.
Jurisdiction of court is decided on several factors such as on territorial and pecuniary factors. There are various specialized courts established to decide special matters such as NCLT is established to solve company matters, similarly consumer courts are established to solve consumer related matters or where deficiency of service occurred, family courts are established to solve matters related to family.
Ordinarily, appeals from district courts lie before the high court in the same state and appeals from the high courts lie before the Supreme Court of India.
A bench of judges in the Supreme Court of India usually comprises two judges in ordinary cases with the exception of larger benches being constituted for identified cases. In the high courts, the bench usually comprises a single judge or a division bench of two judges. All lower court benches comprise a single judge except for the Presidency Small Causes Court, where the division bench hears the appeal from the trial court.
In 2015, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act 2015 was enacted, under which commercial courts at the district and High Court levels were constituted to adjudicate disputes classified as ‘commercial disputes’.
What are the Role of Judge and the Jury in Civil Proceedings?
Judges in India play an important role in hearing arguments of the parties to passing of a judgement. However, on the other hand the jury system in India is not in practice except to adjudicate matrimonial disputes in the Parsi community.
Judges of the Supreme Court and high courts are appointed by the President of India under articles 124(2) and 217 of the Constitution. The President is required to hold consultations with judges of the Supreme Court and of the high courts as he may deem necessary for this purpose.
All appointments of judges to courts lower than the high court are carried out under the provisions of articles 233 to 237 of the Constitution. The high court of a state may recommend an individual to be appointed as a judge of a district court. Alternatively, judges of the district and subordinate courts may also be appointed from the lower judiciary.
What are the time limits for bringing Civil Claims?
The time limit for bringing civil claims in India is prescribed under Limitation Act, 1963. However upon giving satisfactory reasons to court, the court may condone the delay that occurs while filing of the matter before court after the expiry of the limitation period.
How are Civil Proceedings Commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have capacity to handle their caseload?
Ordinarily when the case is filed in court or tribunal and that day only proceedings need to get started. Particular;y for suits as a procedure when the case is filed summons to the other party is being served.
The legislature and government have attempted to enact several laws to ease the capacity issues being faced by courts in India, including encouraging alternate dispute resolution mechanism, increased appointment of judges, constitution of specialised tribunals, implementing fast-track mechanisms, etc.
What is the procedure and time table for a civil suit?
Under the Code of Civil code, 1908, the following procedure is applicable for all civil suits-
A suit is instituted by filing a lawsuit by the plaintiff.
Thereafter after listening to the matter the court finds it satisfying to pursue the suit under its jurisdiction, then the court will issue the summons to the defendants. On receipt of summons, the defendants have to file their response in the form of a written statement within 120 days.
After a written statement is filed the court will frame the issues.
After framing the issue the court will commence the trials and the evidence stage will get started by doing cross examination of parties. After conclusion of trial a final hearing is conducted before the court. The court will then pass a judgement and decree.
The party aggrieved by the judgement of the court can challenge the same in appeal before the apex court.
At the time of institution of the suit or any time thereafter, a party can also file an interim application seeking interim protection from the court. Such interim protections can be in the form of injunctions, attachment of property, and deposit of amounts in court, etc. An interim application can be filed along with the plaint. The adverse party is entitled to file its reply to such an interim application. After the filings are complete, the court conducts a hearing of the interim application and subsequently passes an order. Interim applications are heard simultaneously with the main suit. Interim orders passed by courts are typically appealable and, in most cases, there are two appeals available.
What Interim remedies are available to the parties?
Under Indian Law, interim remedies in the form of prohibitory or mandatory injunctions, attachment of property, appointment of receiver, furnishing of security etc, are available. Orders of interim freezing injunctions are very common in disputes relating to immovable property or intellectual property. Foreign decrees of the countries having reciprocal arrangement with India are enforced in India under the provisions of the Code of Civil Procedure. While enforcing foreign decrees, the party seeking enforcement can also seek interim remedies in the form of prohibitory or mandatory injunctions, attachment of property, appointment of receiver, furnishing of security, etc, to ensure enforcement of the foreign decree. Foreign decrees of countries not having reciprocal arrangement cannot be enforced in India and the party is required to file a fresh suit in India against the defendant where the foreign decree will be considered in evidence while deciding the claims on merits.
What substantive remedies are available to the parties?
Substantial remedies that are available to the parties under civil law are damages or specific performance of a contract, recession of contracts, cancellation of instruments, declarations and perpetual injunctions. In civil cases punitive damages are rarely awarded to the parties. Indian courts have the power to award interest at such rate as they deem reasonable, varying from 8 per cent to 18 per cent per annum.
Comments