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Litigation Lawyer in India

What is litigation?

The most popular and favored means of resolving conflicts in India is through litigation. In India, litigation is overseen by the federal court system, which was founded on the Indian Constitution as well as customary and religious rules. Precedents set by higher courts also have an impact on the litigation process.

Litigation is the activity of resolving legal problems in court. Litigation may be a hard and time-consuming procedure in India due to the complex court structure. In India, the judiciary is also organized in a hierarchical manner. The Supreme Court is the highest court in the country, while state high courts oversee legal procedures. Following that are the subordinate courts, which include civil courts, criminal courts, and district and family courts. In principle, the judiciary organized in a pyramidal system, with the Supreme Court at the top, carrying out appellate jurisdiction.

Indian Jurisprudence and its Implications for Litigation

Indian law has primarily evolved from British jurisprudence, as evidenced by a number of legal acts and processes still in use today. For example, the practice of referring to court precedents borrowed from British law. Higher court precedents are viewed as having a binding effect when evaluated in instances with similar circumstances and pertinent legal concerns to be addressed by lower courts.

  • When resolving disputes, these courts use an adversarial system that incorporates aspects of civil law, equitable law, customary law, and religious law.
  • As a result, the influence of jurisprudence on litigation in India may be summed up as follows:
  • The case is steered in a correct and predictable manner by using precedents issued by a higher court.
  • While the court maintains its impartiality throughout the lawsuit, both the plaintiff and the defendant are entitled to be properly represented
  • When rendering a decision in a lawsuit, the court has the choice of taking an equitable or strict legal posture. For example, the Supreme Court has the authority to issue judgments that are not based on any formal provision and are instead based on the court's perception of justice.

The court has given primacy to personal or customary laws in situations when they contradict with the provisions of the Indian Constitution. Contrarily, the court has also examined and evaluated the provisions set out by personal or customary law to determine if they are constitutional. As a result, in such cases, the outcome of the action is entirely at the discretion of the court.

Litigation Types

Litigation in India is classified into four major forms of law, namely: Criminal Law, Civil Law, Common Law, and Statutory Law are all types of law.

Therefore, via litigation, a disagreement can be resolved peacefully and lawfully in a court of law. Litigation can be used to effectively resolve a number of situations, including those involving marital anguish, claims against the state, personal damage, breach of trust, etc. Although litigation is a thorough and controlled method for reaching a resolution in an unresolved disagreement and usually results in a predictable outcome, it has its own flaws. It does not give a fixed time constraint and may be costly to the litigating parties. As a result, alternative conflict resolution approaches to litigation, such as arbitration and mediation, are now being used. However, whether it is as effective as litigation is a decision that the parties to the disagreement must make.

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