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Civil Cases

A civil court is a court of law that deals with disagreements between individual people or private companies, rather than with criminal activity. In civil matters Police is not involved unless directed by the competent concern Authority/Court/Forum.

Civil matter includes dispute related to any property that may be the ownership right of property, declaration, injunction, recovery of payments, specific relief, eviction of tenant, specific performance act, breach of agreement, family settlement, probate of will, partition and possession of property among others.

Recently, the Supreme Court of India made a statement: “It is necessary to take notice of a growing tendency in business circles to convert purely civil disputes into criminal cases”. This is not peculiar to India alone. A lot of other democracies, especially ones that follow a common law are experiencing but the ‘conversion’ as referred by the Supreme Court is peculiar to India.

In India, there is a specific division that is made at the time of litigation. There exists a dividing line between a civil case — which a common person will interpret as lengthy litigation and a criminal case — which a common person will interpret as lengthy litigation and a criminal case — which a common person will interpret as a black mark on her status as a citizen (excluding the abnormal and deviations from the normative standard of a society).

In business, it is even more dangerous to have a criminal case against you because you fear the remand by law enforcement agencies which will endanger the business and family. This divide existed and exists for a reason — the cost of endangering the fundamental right to liberty and being under detention is far too high.

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