Litigation

Litigation is a mode of dispute resolution. The litigation system in India owes its origin to the British system of litigation and we follow the common law system. At the apex there is the Supreme Court of India for the entire country and High Courts at the top of the hierarchy in each State. These courts have jurisdiction over a state, a union territory or a group of states and union territories. Below the High Courts are a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts.

Litigation is a mode of dispute resolution. The parties to a dispute approach a court of law for redress of their grievances. Litigation has been there since olden days and is not a new concept. Parties of dispute approach the court of law for settlement of the issues of dispute, the respective lawyers present the version of their clients respectively and state the law which supports their case. The Court hears both the sides of the case and passes a judgment. Judgments are always in favor of one party and the other party might be of the opinion that the judgment went against them. In such cases the other party has the option of filing an appeal from such a judgment.

The High Courts are the principal civil courts of original jurisdiction in the state, and can try all offenses. Most of the cases in High Courts consist of Appeals from lowers courts and writ petitions in terms of Article 226 of the Constitution of India. The precise jurisdiction of each High Court varies. Each state is divided into judicial districts presided over by a 'District and Sessions Judge'. He is known as a District Judge when he presides over a civil case and a Sessions Judge when he presides over a criminal case. He is the highest judicial authority below a High Court judge. Below him, there are courts of civil jurisdiction, known by different names in different states.

The parties to a dispute could be individuals or could be companies, there is no fixed rule in this regard and it varies from case to case. It is not necessary that an individual or a living person can only initiate a case, but a juristic person like a company can also initiate a case in the court of law. Litigation is a mode of dispute resolution and opted by many. Litigation gives both the parties to a dispute a chance to present their stand, to present their respective supporting legal arguments and other documents which could prove their side of the story.

Civil Procedure Code
It prescribes the code of procedure to be followed in civil cases.

Criminal Procedure Code
It prescribes the code of procedure to be followed in criminal cases.

Indian Penal Code
The code prescribes the crimes and the punishment for the crimes.

Indian Evidence Act
The Act prescribes the rules governing evidence in all cases.

Specific Relief Act
The Act specifies the specific reliefs which can be granted in cases.

Indian Contract Act
The Act prescribes the provisions related to contract in the country.

Indian Companies Act
The Act prescribes the rules with regard to Companies in India.

Indian Competition Act
The Act prescribes and specifies the practices which are considered as anti competitive and harms competition and promotes monopoly.

Indian Patents Act
The Act specifies the law governing patents in India.

Indian Trademark Act
The Act specifies the law governing trademarks in India.