Litigation
In India, litigation is the process of settling legal disagreements through the courts. It includes filing a case, bringing your points and proof to court, and asking the court for a decision or settlement. Here's a general look at court cases in India:
Court System: The Supreme Court of India is the highest court in India. Each state also has its own High Court, and there are also lower courts like District Courts and Civil Courts. Each level has its own area of responsibility and deals with different kinds of cases.
Civil Litigation: Civil litigation involves issues between people, groups, or the government that are not crimes. Contract disagreements, land disputes, family conflicts, and tort claims are all common types of legal cases. The Civil Procedure Code of 1908 sets out the rules for starting a lawsuit, getting notice, making papers, presenting proof, and going to trial.
Criminal Litigation: In criminal litigation, people who are accused of breaking the law are prosecuted and defended. First Information Reports (FIRs) are filed with the police to start criminal cases, which are then investigated and tried. The criminal Procedure Code of 1973 tells how criminal cases are to be investigated, arrested, released on bail, tried, and given a sentence.
Procedure: Most cases in India use an adversarial method, in which both sides argue their case in front of the court and the judge makes a decision based on the facts and points given. The court follows the concepts of natural justice, which makes sure that everyone gets a fair trial. The parties can hire litigation lawyers or litigation advocates to look out for their best interests and make their cases with RR Legal- The best Litigation law firm in Delhi.
Appeals: A party has the right to appeal the decision of a lower court to a higher court if they are unhappy with the verdict that was handed down by the lower court. The decision of the lower court may be reviewed via the appeal procedure, at which point a higher court will decide whether to uphold, alter, or overturn the original judgment depending on the merits of the case. The judicial system is organized in a structure that offers many levels of appeal, with the Supreme Court serving as the highest and ultimate appellate authority.
Alternative Dispute Resolution (ADR): Instead of going to court to settle their differences, the parties to a conflict may choose to settle it via other means of conflict resolution such as arbitration, mediation, or conciliation. Parties can hire a litigation lawyer or a litigation advocate to facilitate conflict resolution. Outside of the traditional judicial system, these solutions provide an alternative conflict resolution procedure that is both more adaptable and quicker.
Legal Representation: Parties to a dispute have the right to retain lawyers to act on their behalf in judicial proceedings. Advocates are legal professionals in India who may practice law and argue matters in front of the courts since they are members of the Bar Council of India. Throughout the whole of the litigation process, a litigation advocate supports clients, fights cases on their behalf, offers legal advice, and drafts pleadings.
The courts in the Indian legal system are organized in a hierarchy. The Supreme Court of India sits atop the hierarchy as the highest appellate court in the country. It also has the authority to conduct judicial reviews. The highest court in each state is called the High Court, and it is directly below the Supreme Court in the hierarchy of state courts. Appeals from subordinate courts within their jurisdiction are processed by the High Courts. These appeals might be either civil or criminal in nature. The next level of courts, the District Courts, are the major trial tribunals for both civil and criminal proceedings and are located below the High tribunals. Subordinate courts, including Civil Courts, Criminal Courts, and Family Courts, are a subset of District Courts. District Courts are the highest level of the judicial system in the United States.
Steps in the Procedural Phase of Litigation The following steps are often included in the procedural phase of litigation in India:
1. The plaint or Petition Is Filed The party that is commencing the legal action will submit a complaint (in the case of civil cases) or a petition (in the case of criminal cases) to the court that has jurisdiction over the dispute. The facts, legal reasons, and remedies requested by the plaintiff or petitioner are all included in the plaintiff or petition that they filed.
2. The Defendant or Respondent is Issued a Summons or Notice and Required to Appear Before the Court The court will issue a summons or notice to the defendant or respondent telling them about the lawsuit and requesting them to appear before the court.
3. The exchange of pleadings The parties will now take turns exchanging pleadings, which are written explanations of the facts, legal problems, and arguments supporting their respective claims or defenses.
4. The Court Identifies the important areas of Disagreement Between the Parties and Frames particular Issues The court will identify the important areas of disagreement between the parties and frame particular issues that will be determined during the trial.
5. Cross-Examination of Witnesses and Evidence: At this stage of the trial, both sides put forward their witnesses and evidence to bolster their respective positions. The prosecution and defense both question and cross-examine witnesses, and relevant documents are presented as evidence.
6. Arguments Following the cross-examination of witnesses, each side will have the opportunity to submit their arguments before the judge, during which they will focus on the legal issues and precedents that support their position.
7. Judgment: After considering the evidence, the parties' arguments, and any relevant legislation, the court will then issue its decision. The judgment explains the decisions that the court has made on the contested matters and gives the reasons that support those decisions.
8. Appeals: Parties who are unhappy with the decision made by a lower court have the opportunity to file an appeal with the relevant higher court within the allotted amount of time. The judgment of the lower court is reviewed by the appellate court, and the process of appealing that decision may include hearings, written submissions, and oral arguments.
Alternative Dispute Resolution (ADR): In recent years, there has been a growing emphasis on alternative methods of dispute resolution to ease the burden on the courts and promote quicker resolution of disputes. Arbitration, mediation, and conciliation are commonly used ADR methods in India. Parties can opt for these methods either voluntarily or as mandated by law or contractual agreements.
Litigation in India covers a wide range of practice areas, each dealing with specific types of legal disputes. Some of the prominent practice areas in litigation in India include:
1. Civil Litigation: Civil litigation involves disputes between individuals, organizations, or entities relating to various civil matters such as contracts, property disputes, torts, commercial disputes, intellectual property infringement, consumer disputes, and family law matters like divorce, custody, and inheritance.
2. Criminal Litigation: Criminal litigation deals with cases involving offenses against the state or society, including crimes such as theft, assault, fraud, murder, and other criminal acts. The focus is on prosecuting the accused and determining guilt or innocence through the criminal justice system.
3. Constitutional and Administrative Law: This practice area involves litigation related to the interpretation, enforcement, and protection of constitutional rights and freedoms. It covers cases challenging the constitutionality of laws, government actions, and administrative decisions, as well as public interest litigation (PIL) seeking enforcement of fundamental rights.
4. Commercial and Corporate Litigation: Commercial and corporate litigation handles disputes arising from business transactions, corporate governance, shareholder disputes, breach of contract, partnership disputes, competition law violations, insolvency and bankruptcy matters, and other commercial disputes involving companies, businesses, and commercial entities.
5. Intellectual Property Litigation: This practice area focuses on the enforcement and protection of intellectual property rights, including patents, trademarks, copyrights, and trade secrets. Litigation in this field involves actions against infringement, passing off, piracy, and unauthorized use of intellectual property.
6. Labour and Employment Litigation: Labour and employment litigation deal with disputes arising from employment relationships, including wrongful termination, discrimination, harassment, non-payment of wages, labor law violations, employee benefits, and industrial disputes. This area also covers matters related to industrial relations, trade unions, and labor law compliance.
7. Tax Litigation: Tax litigation involves disputes between taxpayers and tax authorities, including matters related to income tax, goods and services tax (GST), customs and excise duties, tax assessments, appeals against tax orders, and disputes over tax liability or exemptions.
8. Environmental Litigation: Environmental litigation focuses on cases related to environmental protection, pollution control, natural resource management, and compliance with environmental laws and regulations. It may involve disputes over environmental clearances, pollution control measures, waste management, and conservation of natural resources.
9. Real Estate and Property Litigation: This area deals with disputes related to property rights, ownership, title disputes, encroachments, construction disputes, landlord-tenant disputes, and other legal issues arising in the real estate sector.
10. Consumer Litigation: Consumer litigation involves disputes between consumers and businesses or service providers regarding defective products, unfair trade practices, deficiency in services, product liability, and consumer rights violations.
Overall, litigation in India follows a structured legal process, allowing parties to seek resolution and justice through the courts. It plays a vital role in upholding the rule of law, protecting rights, and ensuring access to justice for individuals and organizations.
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Civil Litigation: Our law firm focuses on civil litigation and represents clients in a variety of civil disputes. We handle contract disputes, property disputes, tort claims, and other types of matters. Our team of skilled litigation lawyers and litigation advocates sincerely represent our clients' interests in court, conducting extensive legal study, obtaining evidence, and delivering cogent arguments. Depending on the facts of each case, we aim for beneficial solutions through negotiation, mediation, or litigation.
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Commercial Disputes: Our law firm focuses on commercial disputes among businesses. We assist clients in contract disputes, partnership issues, shareholder disputes, and other commercial challenges. To safeguard our clients' interests and secure positive results, our team of litigation lawyers has vast experience in commercial litigation, including successful negotiation strategies, alternative dispute resolution approaches, or rigorous courtroom representation.
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Personal Injury Claims: We help people with personal injury cases by advocating for their rights and securing appropriate remuneration & damages for injuries caused by the negligence or wrongdoing of others. Our firm covers car accidents, slip and falls, medical malpractice, and product liability cases. Our team works hard to collect evidence, analyze losses, negotiate with insurance companies, and represent clients in personal injury litigation to ensure that they receive the compensation they deserve.
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Decree Enforcement: Our litigation lawyers and advocates specialize in decree enforcement, assisting clients with the enforcement of court decrees and judgments. Our team assists clients in navigating the legal process to secure compliance by the opposing party, whether it's enforcing a financial judgment, child custody agreement, or any other court-issued order. We work hard to safeguard our clients' rights and pursue all legal remedies available to enforce court-ordered duties.
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Appeals: Our firm offers appellate representation, representing clients in appeals against court decrees. We handle appeals in a variety of legal fields, including civil, criminal, and administrative cases. Our team methodically studies trial records, discovers legal flaws, and prepares compelling written and oral arguments for higher courts. Our litigation advocates and lawyers seek to obtain favorable outcomes for our clients through the appellate process by effectively advocating for their rights and interests at the appellate level.
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1. What are constitutional courts?
The Supreme Court and the High Courts are termed as constitutional courts as they have the power to interpret the Constitution and entertain judicial review petitions.
2. What is the Court of Records?
A Court of Records is a court whose judgements and proceedings are recorded for perpetual memory and can be used for evidence and testimony and cannot be further questioned once presented before any court of law. Article 129 of the Constitution, declares the Supreme Court of India as a Court of Records and similarly Article 215 of the constitution declares a High Court as a Court of Records.
3. What are writs?
Writs are a written formal order issued by the Supreme Court or the High Courts that render constitutional remedies for Indian citizens against the violation of their fundamental rights and their legal rights, wherein the latter is enforced via the writ jurisdiction of the High Courts.
4. What is a writ petition?
A writ petition is an application made by an aggrieved person or party before the High court (under Article 226) or the Supreme Court (under Article 32) for issuing any specific writ in case of infringement of his or her fundamental right.
5. What are the different kinds of writs?
There are 5 kinds of writs that can be issued by the High Courts, as well as, the Supreme Court in India namely, Habeas Corpus, Mandamus, Certiorari, Quo warranto and Prohibition.
6. What is the difference between Articles 32 and 226 of the Indian Constitution?
The only courts with the authority to exercise writ jurisdiction are the Supreme Court and the High Courts. While Article 32 grants it to the Supreme Court, Article 226 grants it to the High Courts. The basic difference between these two is the ambit and the scope in which this jurisdiction can be exercised by the hon'ble courts. For more information find your Litigation law firm in Delhi, contact us now.
In the landmark judgment of Bandhua Mukti Morcha v. Union of India (1984) , “it was held that Article 226 has a much broader scope than Article 32, as it gives the High Courts the power to issue orders, directions, and writs not only for the enforcement of fundamental rights but also for the enforcement of legal rights that are granted to the disadvantaged by statute and are just as important as the fundamental rights.”
The High court can issue a writ petition under two circumstances unlike the Supreme court wherein writ petition can only be made, when the fundamental rights of an individual or party is violated, the High court can issue writs when the fundamental right of an individual is infringed as well as when the legal right of any person may have been violated.
7. What is habeas corpus?
Habeas corpus is a Latin term which means ‘you must have the body’. It is an order issued by the court to present a detained person before the court and to check whether the arrest was lawful or not. A petition under this writ is made to release a person who is unlawfully detained or arrested, in other words habeas corpus can be summed up as a legal procedure which acts as a remedy for an illegally detained person.
The circumstances under which a writ of habeas corpus is issued are, firstly, when an arrest is been made without following the procedures of arrest under the law and the arrested person is not presented before the magistrate in the first 24 hours, the arrest is ultra vires to the statute, or secondly when a person has done no unlawful act, still he or she is arrested or thirdly when a person is arrested under a law which is unconstitutional.
8. What is mandamus?
Mandamus is another important writ provided by the Indian constitution, mandamus in its literal sense means we command. A writ of this nature is issued to direct any public authority to perform their respective legal duty. This writ can be issued against any public authority, any inferior court but it cannot be issued against any private individual or body.
Thus, an application for issuing the writ of Mandamus cannot be made in cases which are private in nature or the question in consideration for direction is discretionary in nature rather than being mandatory, and a petition also cannot be made for the performance of non- statutory function.
9. What is certiorari?
Certiorari means to certify. A petition praying for issuing a writ of certiorari is made to ascertain the validity of a judgment passed by a lower court, under this if the Honorable court is of the opinion that the lower court has acted beyond the its jurisdiction, or has made an error then it may pass an order to quash the lower court's judgment or may transfer the case to itself.
The circumstances in which the Writ of Certiorari is issued are firstly, when it is ascertained that the lower court has acted without its jurisdiction, secondly, when it is ascertained that the subordinate court has acted beyond or overstepped its jurisdiction or lastly, when the lower court has acted against the set rules and regulations or has acted against the basic principles of rule of law or natural justice.
10. What is quo warranto?
Quo Warranto means “By What Warrant “or “By What Authority”. Through this writ the competent court can call upon any individual holding a public office or authority and can ask by what authority they are holding that office.
This writ can be issued by the court only when it is assumed that a private person is holding a public office, whose work is of substantive public character, and also without the constitutional authority to hold the same. Get all the solution with the best Litigation lawyer in Delhi, contact us.
