Court Proceedings
Package Inclusions:
Any proceedings whether civil, criminal, juvenile, or any deposition before the court on record will be termed as court proceedings. However, it does not include any small claim proceeding within its ambit. In criminal law, the proceedings are bifurcated on the basis of the trial, i.e., Warrant Trial, Summon Trial, Summary Trial. Whereas in the civil proceeding as such no bifurcation is made and procedure solely depend on the principles of civil law.
In India, CrPC (Code of Criminal Procedure) is the procedural law for conducting a criminal trial. The procedure comprises of the manner for collection of evidence, interrogation of accused, arrest, the examination of witnesses, safeguards and procedure to be implemented by Police and Courts, method of conviction, bail, the procedure for the criminal trial, and the accused rights of a fair trial. According to the Code of Criminal Procedure, a Criminal Trial is of three types:
Based on the types of a criminal trial, the stages involved in a criminal court proceeding are as follows:
A civil case involves a conflict between two or more people or institutions, usually over money. A civil suit commences when any person claims that he has been harmed or injured by the actions of another business or person. By filing a complaint, the plaintiff asks the court to provide the relief sought. Further, most of the civil cases are guided by the well-settled principles of the CPC (Code of Civil Procedure).
The stages involved in a civil court proceeding are as follows:
The steps involved in filing a Civil Suit in India are as follows:
a) Drafting of Plaint: The foremost step to initiate a suit is to draft a plaint. A plaint is a written document containing allegations. The party who files/ drafts it is known as Plaintiff, and the party against whom the said plaint is filed is known as Defendant.
b) Vakalatnama: Vakalatnama acts as a written document, by way of which the parties to the suit authorizes an Advocate to represent them before the respective court. However, if in case a party is personally representing its own case, then there is no need to file a Vakalatnama.
c) Filing of Plaint: In the next step, the plaintiff needs to file a plaint before the Chief Ministerial Officer at the filing counter, together with an appropriate court fee and process fee.
d) Court Fees: Court fees acts as a nominal percentage of the total value of the suit or the total value of the claim. The amount of court fees and stamp duty varies for every suit, and the same is specified in the Court Fees Stamp Act.
Yes, an individual can file a case without a lawyer, i.e., party-in-person. However, it is always suggested to hire a lawyer for the case, as an individual can not be expected to be well-versed with the court procedure.
No, a summon does not go on Court Record.
If in case a person has not been properly served by the opposite party or by the court, he or she don't need to show up, i.e., the court does not have any personal jurisdiction over that person, and it cannot pass judgment against him or her. However, at the same time, if the court is of the opinion that the said person was properly summoned, it may pass an order in against of the person.
Yes, Lawyerinc is a 100% online platform rendering all over the nation no matters wherever the individual is residing. The only thing required is an internet connection on the mobile or laptop, and we are all set to assist you.
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