Litigation & Dispute Resolution 2016

1 LITIGATION - Preliminaries

1.1 What type of legal system has your jurisdiction got? Are there any rules that govern civil procedure in your jurisdiction?

The Constitution of India is the supreme law of the land and forms the basis of Indian law and the parliamentary system of government – the Indian judiciary is independent of the executive and legislative branches of government.

India follows a common law system, largely derived from English common law, and being so, Indian court proceedings are adversarial in nature. India follows the doctrine of precedents and the law declared by the Supreme Court is binding on all other courts in India.

Civil procedure is governed by the Code of Civil Procedure, 1908 ("CPC"). The High Courts and Supreme Court have the power to frame their own rules of procedure.