Criminal Law
Criminal Law is also known as Penal Law. The main objective of Criminal/Penal Law is to provide punishment for the offenders or any person natural or Legal who does any crime against state or any individual.
Criminal Law is set into motion as soon as the F.I.R. is registered by the Police Authority. In a Criminal Law, where an F.I.R. is registered, the State becomes the de facto Complainant and the victim is represented by Public Prosecutor who acts on behalf of the State.
Criminal Law is guided by the Code of Criminal Procedure, 1973, whereas the punishment is provided under indian penal code. The fate of the accused is decided on the basis the evidence act.
Civil Law
Civil Law is different from Criminal Law. The fundamental objects of Civil Law is to deliver justice against civil wrong. These disputes are civil in nature and have no relevance with the Criminal law.
The primary purpose of Civil Law is to resolve the disputes amongst the litigants. The Civil Laws are guided by the Code of Civil Procedure, 1908.
Indian Contract Act, Land Laws, Specific Performance Act, Specific Relief Act, Maharashtra Rent Control Act, Arbitration and Conciliation Act are the few amongst others which are guided by the Code of Civil Procedure, 1908.
Main part of Civil Laws are:-
- Institution of Suits
- Suits in general
- Suits in Particular
- Decree/Judgment
- Execution, Attachment and Sale, Recovery, Arrest and Detention.
- It can be initiated against any person or body incorporate or against the Government.
Family Law
The Law which governs the dispute arises between husband and wife is being called as family law. In India, the Family law is being guided by different laws namely Hindu Marriage Act, Special Marriage Act, Muslim Law, Christian Marriage act, Parsi Law etc. Where husband and wife belongs to two different religions, it is being governed under special marriage act.
There are two different types of divorce in Family Law, one is Contested Divorce and another one is Mutual Consent Divorce. In Contested Divorce, the party filing for divorce needs to provide ground for the divorce like cruelty, insanity, desertion, non maintenance etc. However, no ground is required for filing Mutual Consent Divorce.
The most complicated issue under Family law is related to child custody and maintenance for a deserted wife.
It provides for maintenance to parents in capable of maintaining themselves. The latest development in matrimonial ties has become the Pre and Post Nuptial Agreements.
Co-operative Act
These laws deals with various problems arises out of disputes between or amongst the members of a particular society. There are various societies namely Housing society, Co-operative Credit Society, Co-operative Banks, Co-op Consumer Society, Co-op Labour Societies which exists in the country.
The law provides various sections under which directions and compensations is being awarded to the societies. In a city like Mumbai, the rapid growth of housing societies and decline in tenancy system shows that co-operative act is going to be one of the largest act to govern the people.
The main act is Maharashtra co-operative societies act, 1960 and rules 1961.
It provides for formation, registration, de-registration, bifurcation, amalgamation of co-operative societies amongst others.
Consumer Law
An act to provide for protection of interests of consumers and for that purpose to make provision for the establishment of consumer consults and other authorities for the settlement of consumer disputes and for matters connected therewith.
The change in consumer behaviour due to growth rate in the literacy has increased the litigations under consumer protection act. The future of consumer act looks very bright as it protects the rights of the consumer and now the consumer has also became aware about it. The increase in purchase power amongst the people have made them more cautious about the quality of the products.
There are various forums for consumer disputes based in Jurisdiction, which are :
- District Consumer Forum
- State Consumer Disputes Redressal Commission.
- National Consumer Disputes Redressal Commission.
Company Law
The IBC Code (Insolvency and Bankruptcy Code)
It is the law governing the rights, relation and conduct of persons, companies, the legal entities organizations and businesses. The IBC code was introduced in Loksabha in December 2015. An act to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons partnership firms and individuals and time bound manner for maximisation of value of assess of such persons to promote entrepreneurship, availability of credit and balance of interest of all the stake holders including alteration in the order of priority of payment of government dues and to establish Insolvency and Bankruptcy Board of India, and for matters connected therewith or incidental thereto. It extends to the whole of India. It applies to any company incorporated under the companies act, 2013 or under any previous company law or to any other Company governed by any special act for the time being in force, to any Limited liability Partnership (LLP) incorporated under LLP act, 2008, to such other body incorporated under any law for the time being in force as the Central Government may by notification, Specify in this behalf and to partnership firms and Individuals. In relation to their in Solvency, Liquidation voluntary or Liquidation Bankruptcy as the case may be.