Call Now

Civil Lawyers in Gurgaon

Civil Law - The Law Codes

Broader Principles under the Civil Law:

  • Burden of proof is on the party who asserts the fact;
  • Preponderance of Probabilities;
  • Parties to approach the court with clean hands;
  • Estoppel;
  • Suits to include the whole claim.

Why should you hire the most experienced Civil Lawyers in Gurgaon?

Our illustrious team of civil lawyers in Gurgaon includes prominent civil lawyers with over 35 years of expertise. Civil law is a subject that necessitates extensive research and specialized knowledge, and it cannot be handled properly if one lacks adequate experience in addressing civil issues. Frequently, the parties to a civil dispute lose their case due to improper case management, which includes incorrect remedies sought, incomplete pleadings filed, inadmissible evidence presented, and non-legal arguments presented in complete disregard of the fundamentals of civil law. The Firm’s Senior Civil Lawyers in Gurgaon, assisted by a team of junior lawyers, resolve complicated civil cases, devoting a significant amount of time to research, preparing pleadings, adducing evidence, and addressing closing arguments.

Our team of top civil lawyers in Gurgaon has the requisitre experience in the field and is up to date on the newest trends, advancements, and judgments of the Hon’ble Supreme Court and other High Courts in the field of civil law, giving them a distinct advantage in court proceedings.

Engage our Best Civil Advocates in Civil Trial

  • The purpose of a civil dispute trial in court is to reach a judicial determination between the disputing parties of the matter in disagreement, according to the law and the court’s procedure. A judicial trial provides the parties involved in the dispute with the opportunity to present their respective cases on questions of law as well as fact, ascertaining facts through evidence presented by the parties, and adjudication of the dispute through a reasoned judgment based on a finding on the facts in controversy and application of the law to the facts found.
  • In a judicial trial, the Judge must not only reach a just result, but he must also record the ultimate conceptual framework leading from the disagreement to its resolution, unless otherwise permitted by the court’s practice or by law. A judicial conclusion of a disputed claim when serious problems of law or fact emerge is justified only if it is supported by the most compelling reasons that come to the Judge’s mind; a mere order ruling the matter in dispute without reasons is no judgment at all.
  • Keeping track of the reasoning for a decision on a disputed claim serves multiple benefits. It is designed to ensure that the decision is not based on whim or fancy, but rather on a judicial approach to the issue at hand: it is also intended to ensure that the matter is adjudicated in accordance with the law and the method provided by law. A party to a disagreement has a right to know the grounds on which the court has decided against him, especially if the ruling is appealable. The Appellate Court will then have enough information to assess whether the facts were accurately established, the law was appropriately applied, and the conclusion was just.

Few Laws/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

The Code of Civil Procedure is a vehicle for the administration of justice with universal applicability, in that it applies not only to the trial court or courts of original jurisdiction, but also to the various High Court Rules prescribing the rules of business for writ courts and the Supreme Court. As a result, the Code of Civil Procedure occupies a unique position within the Indian legal system. The Code of Civil Procedure, through its rules and interpretations, must act as a catalyst in bringing the Indian legal system into the global arena and compete with the greatest legal systems around the world.

Today, information is consolidated through the Internet and other forms of communication. The term “municipal law” does not refer to a specific country.

E-commerce and cross-border disputes between private parties have ushered in a new era of litigation in which not only the conflict of laws must be addressed, but also the various legal systems must be harmonized so that no party is prejudiced or gains an advantage as a result of a change in the nationality of the governing law or the forum. Our top civil lawyers in Gurgaon are abreast with the most recent legal developments and trends in civil litigation and provide timely advice to our clients.

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: The Parties are required to lead oral evidence of themselves or any other relevant witness that can help in establishing the case of parties. The party/witness appears before the court and gives testimonies on oath and the opposite party gets an opportunity to cross-examine the witness and shatter the credibility of the witness. This opportunity of adducing evidence can create a significant difference in the outcome of a civil dispute. Sections 59 & 60 of the Indian  Evidence Act, 1872 deal with the provision related to oral evidence.

Documentary Evidence: Section 61 to 91-A of the Indian Evidence Act.1872 deal with the provision related to documentary evidence.

We at The Law Codes assign civil work to our experienced top civil lawyers in Gurgaon 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 Gurgaon (tri-city) to establish a concrete groundwork at the court of first instance. We offer the 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 top civil lawyers in Gurgaon determines the main legal issues at hand, the party’s statutory rights, accessible civil remedies, and the most effective remedy under the law. The Law Codes’ goal is to use descriptive pleadings, effective evidence, and meticulous arguments to get the best possible result for our clients.

Stages of the Civil Suit

  • 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;
  • Arguments;
  • Judgment;
  • Preparation of Decree;
  • Execution of Decree.

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:–

(a) arbitration;

(b) conciliation;

(c) judicial settlement including settlement through Lok Adalat; or

(d) mediation.

POWERS 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
  • FAO
  • Stay Application
  • Transfer Petitions Intrastate and Interstate (Punjab and Haryana).

Proceedings before the Hon’ble Supreme Court in Civil litigation:

  • Special Leave Petitions (Civil);
  • Election Petitions;
  • Civil Writ Petitions;
  • Transfer Petitions;

Legal Drafting Services:

Our best civil lawyers in Gurgaon analyze your case in depth, and thereafter, give you right options under the law. As a law firm, we give options to our clients to engage our top civil lawyers in Gurgaon 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 includes a detailed and comprehensive drafting of pleadings (plaint/petition and written statement/reply) and written arguments by our experienced civil lawyers in Gurgaon, 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 Lawyers:

In civil disputes, getting the correct legal advice is the first step before pursuing any legal action. Our reputable civil lawyers in Gurgaon realize that the early legal advice has a long-term impact on the civil litigation’s outcome. Our renowned civil lawyers form a legal opinion in civil cases after in-depth study of case-related documents, input from clients, and detailed discussions on various aspects of the case. All these factors are combined and taken into account with the most recent judgments of the Hon’ble Supreme Court and High Courts on the subject matter. We have learned through our experience at The Law Codes that in many circumstances, clients have not sought proper legal remedies and have sought remedies that should not have been sought in the first place. Due to this, the Civil Courts or Trial Courts are overburdened, and it hinders the growth of justice delivery system.

CIVIL LAWYERS IN GURGAON FOR NRI CLIENTS:

NRI clients are often unable to physically attend court in legal processes and are concerned about the case’s progress. Transparency, dependability, and best-in-class legal services/online legal opinions are what they expect. With their genuine concerns in mind, our top civil lawyers in Gurgaon use video conferencing sessions on Google Meet, Zoom meetings, Cisco WebEx, and WhatsApp for frequent consultations, case updates, and case strategy planning.

This helps in developing a strong attorney-client relationship through frequent face-to-face interactions, which lead to effective and result-oriented solutions. Our team of top civil lawyers in Gurgaon assist our clients in resolving complex civil issues without and hassles. Clients can schedule online consultations at any time through our 24-hour consultation portal, and our qualified panel of civil lawyers in Gurgaon will contact you via your preferred method 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 Special Power of Attorney with apostille certification. The special power of attorney can then be embossed from the collectors office in the District where the attorney holder resides. There is specific provision under the Code of Civil Procedure (CPC) enabling a suit/petition to be filed through a power of attorney holder. Our top team of civil law advocates in Gurgaon enable the parties to be represented through Special Power of Attorney so that our clients don’t have to personally travel and visit on an urgent basis merely to attend court hearings.

Recording of statement/testimonies through Video Conferencing:

The Law Codes takes proactive steps to ensure that our NRI clients have access to video conferencing services, which saves both the courts’ and the parties time. In light of the facts and circumstances of the case, civil courts may evaluate the possibility of recording evidence by video-conferencing to aid the cause of justice, and order the parties to attend and have their statements recorded via video-conferencing. When such legal solutions are available, our expert civil lawyer in Gurgaon would guide the clients to opt for them.