Civil Litigation – Practice Areas and List of Acts (LITIGATION BASICS 17)

Civil litigation practice requires a sound understanding of both procedural laws and substantive laws governing civil rights and obligations. At the initial stage of practice, law students and junior advocates often find it difficult to identify the different practice areas within civil litigation and the statutes applicable to each area. The objective of this chapter is to provide a practice-area-wise orientation and to help beginners understand the broad categories of civil litigation, which are further supported by a list of governing statutes in the subsequent section.

(I) Major Practice Areas in Civil Litigation

·         Property and Real Estate Litigation

·         Tenancy and Rent Control Litigation

·         Contract and Commercial Litigation

·         Family and Matrimonial Litigation

·         Succession and Probate Matters

·         Consumer Disputes

·         Co-operative Societies and Trust Litigation

·         Injunction, Declaration, and Recovery Suits

·         Tort and Compensation Claims

(II) List of Acts Governing Civil Litigation

Civil litigation practice is governed by a wide range of statutes dealing with procedure, jurisdiction, substantive rights, and specialised subject matters. A civil litigation practitioner is expected to have working knowledge of these enactments depending upon the nature of disputes handled. The following is a practice-area-wise compilation of important statutes governing civil litigation, with particular reference to practice in Maharashtra. This list is indicative and intended as a ready reference for law students and junior advocates.

A. LAW RELATING TO COURT AND ITS PROCEDURE

Procedural Laws

1.      The Code of Civil Procedure, 1908

2.      Bharatiya Sakshya Adhiniyam / Evidence Act

3.      The Limitation Act, 1963

4.      The Specific Relief Act, 1963

5.      Civil Court Manual issued by the Bombay High Court

Suit Valuation and Court Fees

1.      The Suit Valuation Act, 1887

2.      The Court Fees Act, 1870

3.      The Maharashtra Court Fees Act, 1959

4.      The Interest Act, 1978

Courts – Administration and Jurisdiction

1.      The Maharashtra Civil Courts Act, 1869

2.      The Bombay City Civil Court Act, 1948

3.      The Presidency Small Cause Courts Act, 1882

4.      The Provincial Small Cause Courts Act, 1887

5.      The Maharashtra Revenue Jurisdiction Act, 1876

6.      The Maharashtra Vexatious Litigation (Prevention) Act, 1971

7.      The Oaths Act, 1969

8.      The Family Courts Act, 1984

9.      The Commercial Courts Act, 2015

10.  The Legal Services Authorities Act, 1987

11.  Maharashtra State Rules applicable to civil courts

B. LAWS RELATING TO PROFESSIONAL ETHICS

1.      The Advocates Act, 1961

2.      Bar Council of India Rules

C. CONSTITUTIONAL AND ADMINISTRATIVE LAW

1.      The Constitution of India

2.      Laws relating to administrative tribunals and statutory authorities

3.      The Administrative Tribunals Act, 1985

D. LAW RELATING TO PROPERTY (INCLUDING REAL ESTATE, LAND REVENUE, REGISTRATION AND STAMP DUTY)

Property and Easement Laws

1.      The Transfer of Property Act, 1882

2.      The Indian Easements Act, 1882

Real Estate Laws

1.      The Real Estate (Regulation and Development) Act, 2016

2.      The Maharashtra Apartment Ownership Act, 1970

3.      The Maharashtra Ownership Flats Act, 1963 (repealed, but relevant for legacy disputes)

Land and Revenue Laws

1.      The Maharashtra Regional and Town Planning Act, 1966

2.      The Maharashtra Rent Control Act, 1999

3.      The Maharashtra Land Revenue Code, 1966

4.      The Mamlatdars’ Courts Act, 1906

5.      The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

6.      Unified Development Control and Promotion Regulations (UDCPR)

Registration and Stamp Laws

1.      The Registration Act, 1908

2.      The Maharashtra Registration Rules, 1961

3.      The Maharashtra Stamp Act, 1958

4.      The Maharashtra Stamp Rules

E. CONTRACT LAWS

1.      The Indian Contract Act, 1872

2.      The Sale of Goods Act, 1930

3.      The Indian Partnership Act, 1932

4.      The Negotiable Instruments Act, 1881

F. TORT AND COMPENSATION LAWS

1.      The Motor Vehicles Act, 1988

2.      The Consumer Protection Act, 2019

3.      Law of Torts (judge-made law)

G. COMMERCIAL LAWS

1.      The Companies Act, 2013

2.      The Limited Liability Partnership Act, 2008

3.      The Micro, Small and Medium Enterprises Development Act, 2006

4.      The Maharashtra Shops and Establishments Act, 2017

5.      The SARFAESI Act, 2002

6.      The Recovery of Debts and Bankruptcy Act, 1993

7.      Taxation Laws

o    Direct Taxes – The Income Tax Act, 1961

o    Indirect Taxes – Goods and Services Tax Acts, Customs Act

8.      Intellectual Property Laws

o    The Patents Act, 1970

o    The Copyright Act, 1957

o    The Trade Marks Act, 1999

o    The Geographical Indications of Goods (Registration and Protection) Act, 1999

o    The Designs Act, 2000

9.      The Arbitration and Conciliation Act, 1996

H. FAMILY LAWS

Secular Laws

·         The Special Marriage Act, 1954

·         The Foreign Marriage Act, 1969

·         The Indian Succession Act, 1925

·         The Guardians and Wards Act, 1890

Hindu Laws

·         The Hindu Marriage Act, 1955

·         The Hindu Adoptions and Maintenance Act, 1956

·         The Hindu Succession Act, 1956

·         The Hindu Minority and Guardianship Act, 1956

Christian Laws

·         The Indian Christian Marriage Act, 1872

·         The Divorce Act, 1869

Parsi Laws

·         The Parsi Marriage and Divorce Act, 1936

Muslim Laws

·         The Dissolution of Muslim Marriages Act, 1939

·         The Muslim Personal Law (Shariat) Application Act, 1937

·         The Muslim Women (Protection of Rights on Divorce) Act, 1986

·         The Muslim Women (Protection of Rights on Marriage) Act, 2019

·         Mulla’s Principles of Mahomedan Law (Commentary)

I. STATE SPECIFIC LAWS (MAHARASHTRA STATE)

Panchayats and Municipal Laws

1.      The Maharashtra Village Panchayats Act, 1959

2.      The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

3.      The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965

4.      The Maharashtra Municipal Corporation Act, 1949

5.      The Mumbai Municipal Corporation Act, 1888

6.      The Cantonments Act, 2006

Societies and Trusts Laws

1.      The Societies Registration Act, 1860

2.      The Societies Registration (Maharashtra) Rules, 1971

3.      The Indian Trusts Act, 1882

4.      The Maharashtra Public Trusts Act, 1950 and Rules

Co-operative Laws

1.      The Maharashtra Co-operative Societies Act, 1960 and Rules

J. OTHER LAWS RELEVANT TO CIVIL LITIGATION

1.      Service Laws

2.      Labour Laws

3.      Environmental Laws

4.      Election Laws

 

Note - Some of the above statutes are State-specific and applicable only within Maharashtra. Law students and practitioners should identify and study the corresponding statutes, rules, and regulations in force in their respective States.