Civil Courts: Definition, Functions & Provisions

There are two types of law courts present in each district, one is the Civil Court and the other is the Criminal Court. In every state, besides the presence of the High Court, there are many judicial courts for the administration of justice, which function under the supervision and control of the high courts.

Let us learn more about civil courts in the article!

Civil Courts

Civil Courts

Civil courts handle non-criminal cases involving disputes between individuals or organizations. Their structure typically ranges from lower courts, dealing with local or less significant cases, to higher courts, like district courts, which handle more significant matters. Appeals from these decisions can often be taken to higher state courts or the Supreme Court. The focus is on resolving disputes over contracts, property, personal injury, family matters, and more, aiming to provide legal remedies that might include compensation or specific performance rather than criminal sanctions.

Civil Court Case Status

To check the status of a civil court case, you typically need to access the official website of the relevant court or judicial system where the case is being heard. Different jurisdictions may have different methods for accessing case information online. Here are the general steps you can follow:

1. Identify the Court: Determine which court is handling the civil case. This could be a district court, a state-level court, or a federal court, depending on the nature and jurisdiction of the case.
2. Visit the Court’s Website: Go to the official website of the court where the case is being heard. You can usually find this by searching for the name of the court along with the jurisdiction (e.g., “District Court of [Your State]”).
3. Access Online Case Search: Look for the section of the website that allows you to search for case information. This may be labeled as “Case Search,” “Case Status,” “Online Records,” or something similar.
4. Enter Case Details: Enter the required information to search for the case. This typically includes details such as the case number, the names of the parties involved, and the date of filing.
5. Review Case Status: Once you’ve entered the necessary details, the website should display the current status of the case. This may include information about upcoming hearings, trial dates, motions filed, and any judgments or orders issued by the court.
6. Contact the Court Clerk: If you’re unable to find the case information online or if you have specific questions about the status of the case, you can contact the court clerk’s office for assistance. They can provide you with information and guidance on accessing case records.

Civil Courts in India

In India, civil cases are adjudicated by various levels of courts, each with its own jurisdiction and authority. Here are the main types of civil courts in India:

1. District Courts:
   • District Courts are the primary civil courts at the district level.
   • They handle civil cases involving disputes related to property, contracts, family matters, and other civil issues within their respective districts.
   • Each district in India typically has its own District Court, headed by a District Judge.
2. High Courts:
   • High Courts have original jurisdiction to hear civil cases of significant importance or complexity.
   • They also function as appellate courts, hearing appeals from decisions of subordinate courts, including District Courts and lower civil courts.
   • High Courts are established in each state and union territory, with the High Court of a state having jurisdiction over civil matters within its territorial limits.
3. Civil Judge (Senior Division) Courts:
   • Civil Judge (Senior Division) Courts are subordinate to the District Courts and handle civil cases of higher value or complexity.
   • They have jurisdiction to hear civil suits involving substantial amounts of money or property.
4. Civil Judge (Junior Division) Courts:
   • Civil Judge (Junior Division) Courts are also subordinate to the District Courts but handle civil cases of lower value or complexity.
   • They have jurisdiction over civil suits involving smaller amounts of money or property.
5. Tribunals:
   • Various specialized tribunals have been established in India to adjudicate specific types of civil disputes.
   • Examples include consumer forums, labor courts, family courts, and revenue tribunals, each dealing with disputes falling within their respective areas of expertise.
6. Debt Recovery Tribunals (DRTs):
   • DRTs are specialized tribunals established to adjudicate cases related to the recovery of debts by banks and financial institutions.
   • They have jurisdiction over matters concerning the recovery of non-performing assets (NPAs) and debt enforcement.

Civil Courts: Powers & Functions

Civil courts have the jurisdiction to hear and decide non-criminal cases. Their powers and functions include adjudicating disputes related to property, contracts, family law (such as divorce and custody), and civil wrongs like negligence or breach of contract. They issue judgments and orders to enforce rights, award damages, or grant injunctions.

Civil courts also handle appeals from lower courts, review administrative actions, and may have specialized divisions for family, probate, and small claims matters, ensuring legal disputes are resolved according to civil law principles.

Types of Civil Courts

Type of Court	Description
District Courts	Primary civil courts at the district level. Have jurisdiction over civil cases within their respective districts, including disputes related to property, contracts, family matters, etc.
High Courts	Have original jurisdiction over significant civil cases and serve as appellate courts for decisions made by subordinate courts. Each state and union territory has its own High Court.
Civil Judge (Senior Division) Courts	Subordinate to District Courts, they handle civil cases of higher value or complexity. Have jurisdiction over civil suits involving substantial amounts of money or property.
Civil Judge (Junior Division) Courts	Subordinate to District Courts, they handle civil cases of lower value or complexity. Have jurisdiction over civil suits involving smaller amounts of money or property.
Tribunals	Specialized courts established to adjudicate specific types of civil disputes. Examples include consumer forums, labor courts, family courts, and revenue tribunals.
Debt Recovery Tribunals (DRTs)	Specialized tribunals dealing with cases related to the recovery of debts by banks and financial institutions. Have jurisdiction over matters concerning the recovery of non-performing assets (NPAs) and debt enforcement.

Courts Hierarchy

The Indian civil court system operates in a hierarchical structure, with different levels of courts handling cases based on their complexity and value. Here’s a simplified breakdown:

Supreme Court of India: It is the highest judicial body in the court, established by the established under Part V, Chapter IV of the Indian Constitution. It is the guardian of the Constitution and the final interpreter of laws.

High Courts: These court serve as the highest court of of appeal within a state or UT. They are established in each state and union territory. They generally handle the appeal from lower courts.

District Courts: They handle the civil matters including contracts, property disputes, and family law.

Subordinate Courts: Below the district level, these courts handle smaller claims and less complex cases. They include:

• Munsif Courts: Deal with smaller monetary claims and minor property disputes.
• Court of Additional District Judge: Handle cases exceeding the pecuniary jurisdiction of Munsif Courts.
• Subordinate Judges’ Courts: Similar to Munsif Courts but may have slightly higher pecuniary jurisdiction.

Civil Courts Provision

Article	Provision
233	Appointment of district judges
233A	Validation of appointments of, and judgments, etc., delivered by certain district judges
234	Recruitment of persons other than district judges to the judicial service
235	Control over subordinate courts
236	High Courts have the power to interpret provisions related to subordinate courts
237	Application of the provisions of this Chapter to certain class or classes of Magistrates

Significance of Civil Courts

Civil courts perform a vital function in society, operating as the foundation of dispute resolution for individuals and organizations. Here’s a breakdown of their significance:

1. Civil Dispute Resolution: Civil courts offer the opportunity for individuals, organizations, or entities who do not commit crimes to resolve their disputes. They provide procedures and laws that help offended parties seek redress.
2. Rights and Interests Preservation: These courts act as unbiased avenues of justice where the rights and interests of persons or entities are maintained. Parties have a chance to present their cases and get compensation for suffering.
3. Enforcing Agreements: They also enforce contracts making it possible for individuals to meet their obligations as stipulated by law agreements. This promotes trustworthiness in personal relationships and business dealings.
4. Preserving Rights in Goods: For instance, they deal with cases about property rights including disagreements over possession, ownership, or use of certain properties. In matters concerning property, this is one of the most important ways of resolving conflicts fairly.
5. Assessing Damages and Compensation: The court may also award damages compensations to the aggrieved party in case another party’s activity or negligence has resulted in harm, injury, or financial loss.

Conclusion

The social discourse and the courts of law mainly serve to protect individuals’ rights and keep them out of trouble with each other. What they do is basically upholding justice, resolving conflicts and guaranteeing economic stability. By enforcing agreements, protecting property rights, and establishing ways for airing grievances, equality before the law is fostered thus creating legal precedents. Open to everyone in the society, these courts foster social integration as well as a sense of trust in the legal system thereby promoting peaceful coexistence within the various communities. In addition to settling disputes between parties, they are building blocks of a systematic legal framework required for development and cohesion in any society.

Civil Courts: FAQs

What do you mean by civil courts?

A court of law that deals with disagreements between individual people or private companies, rather than with criminal activities is said to be Civil Court. It deals with cases related to money, debts, property, housing, etc.

What is difference between civil court and criminal court?

Civil law deals with disputes between two parties, such as property, contract disputes and personal injuries cases, while criminal deals only with crimes and give punishment to the person who committed any kind of crime according to the law. The burden of proof is less in the civil cases as compare to criminal cases.

How many civil courts are there in Delhi?

The National Capital Territory of Delhi has seven District Courts that function under the Delhi High Court: Tis Hazari Courts Complex, established 1958, located in Tis Hazari. Patiala House Courts Complex, established 1977, located near India Gate.

Which are civil cases?

Civil cases involve conflicts between people or institutions like businesses. These conflicts usually (but not always) involve money. Cases usually begin when one person or business (the “Plaintiff”) claims to have been harmed by the actions of another person or business (the “Defendant”).