In English, "diwani case" directly translates to a civil case. This term refers to a legal dispute between two or more parties that seek to resolve a disagreement, typically involving private rights or responsibilities, rather than a criminal act.
Understanding "Diwani" in Legal Context
The term "Diwani" originates from Hindi/Urdu and is commonly used in the Indian subcontinent's legal framework. It pertains to matters of civil law, distinguishing them from criminal matters.
When you encounter the phrase "दीवानी वाद" (Diwani Vad) in Hindi, it signifies a civil case. For example, the phrase "यह एक दीवानी वाद था" translates to "it was a civil case." Similarly, "दीवानी कानून" (Diwani Kanoon) refers to civil law.
What is a Civil Case?
A civil case involves legal action taken by one party (the plaintiff) against another (the defendant) to protect a private right or to redress a private wrong. Unlike criminal cases, which aim to punish offenders for crimes against the state or society, civil cases typically aim to:
- Compensate for damages: Award monetary compensation to the injured party.
- Enforce contracts: Ensure parties fulfill their contractual obligations.
- Resolve disputes: Settle disagreements over property, family matters, or other non-criminal issues.
- Issue injunctions: Order a party to do or refrain from doing a specific action.
Key Characteristics of Civil Cases:
- Parties: Involve individuals, businesses, or organizations.
- Burden of Proof: Usually "preponderance of the evidence," meaning it's more likely than not that the defendant is liable.
- Outcomes: Monetary damages, specific performance, injunctions, or declaratory judgments. Imprisonment is not a typical outcome.
Common Examples of Civil Cases:
- Contract Disputes: Breach of contract, non-payment for services.
- Property Disputes: Boundary disagreements, landlord-tenant issues, real estate transactions.
- Family Law: Divorce, child custody, alimony, adoption.
- Personal Injury: Car accidents, medical malpractice, slip and fall incidents.
- Torts: Defamation, negligence, wrongful death.
Diwani vs. Criminal Cases: A Quick Overview
To better understand "diwani case," it's helpful to contrast it with a criminal case:
| Aspect | Diwani (Civil) Case | Criminal Case |
|---|---|---|
| Parties | Individual vs. Individual/Organization | State vs. Individual |
| Purpose | Resolve disputes, compensate damages, enforce rights | Punish offenders, maintain public order |
| Outcome | Damages, injunctions, specific performance | Fines, imprisonment, probation |
| Burden of Proof | Preponderance of the evidence (lower standard) | Beyond a reasonable doubt (higher standard) |
| Example | Breach of contract, divorce, property dispute | Theft, assault, murder |
Understanding "diwani case" as a "civil case" helps clarify its role within a legal system, focusing on the resolution of private disputes rather than the prosecution of public offenses.
