INDEX
SR. No. Contents Pg. No. Remarks
1. Certificate
2. Pre- Trial Preparation
3. Stages of Civil Cases
4. Civil Case
5. Stages of Criminal Case
6. Criminal Case
7. Legal Documents
8. Conclusion
NAME OF THE CANDIDATE: _AKHIL____________________
UNIVERSITY ROLL NO. ___16001369__________________
DATE: __1-JAN-2017___________________
______________________________________________________
NAME OF ADVOCATE: MR.OWAIS KHAN PATHAN
PLACE OF STAYING DURING WINTER PLACEMENT:
_________________________________________________
_________________________________________________
_________________________________________________
CONTACT NUMBER OF ADVOCTE:8262003339_________________
PRE-TRIAL PREPTATION:
Pre-trial preparation are those preparations which are done by the
Advocate prior filing of the case in the court of law. A good pre-trial
preparation of the case by an Advocate plays an important role in
the outcome of the case.
In cases related to civil suit, the grounds and facts on the basis of
which an Advocate going to contest to put forth his claim are known
as pre-trial preparation. Filing of the case, making a proper draft of
the case is also part of pre-trial preparations. In criminal cases
preparing the defense for the accused is called pre-trial preparation.
During the internship, I was guided by the Advocate regarding pre-
trial preparation systematically and accordingly. On asking about
pre-trial preparation of the case he taught me that it contains two
stages tentative synopsis and exact drafting.
STAGES OF CIVIL CASE:
The main steps in a civil case are as follows:
1. Drafting
2. Pleadings
3. Motion
4. Scheduling conference
5. Order
6. Discovery
7. Pre- trial conference
8. Order
9. Appeal
A plaintiff commences a civil case by filing a suit in the court of law.
Civil case proceeds stage by stage from institution of case till final
orders or decree of the court.
A civil case would go through the following stages:
Institution Phase:
1. Institution of suit
2. Service of summons
3. Appearance of defendants
4. Written statement
5. Set off claims by plaintiff
6. Replication or rejoinder of plaintiff
7. Framing of issues
Trial Phase:
1. Plaintiff evidence
2. Cross Examination
3. Defendant Evidence
4. Cross Examination of defendants
5. Final arguments
Judgment Phase:
1. Judgment/ order/ decree
2. Review of Decree
3. Appeal
4. Execution of Decree
Institution of suit:
Every suit is commenced when a plaintiff files a plaint in the court.
The case is registered by the court as logged in its records. It may so
happen that court decides to consolidate the suit with an ongoing
trial as well.
Contents of the Plaint:
The plaint should contain the following:
Name of the court wherein the case brought.
Name, description and place of residence of plaintiff.
Whether the plaintiff or the defendants is a minor or a person of
unsound mind (a statement to that effect).
The facts constituting the cause of action and when it arose.
The facts showing that the court has jurisdiction.
The relief wherein the claim of plaintiff is mentioned.
The statement of the value of the subject matter of the suit for the
purposes of jurisdiction and of the court fees.
In money suit the liquidated damages.
Identification of property, if the subject matter of suit is related to
immovable property.
Proof of defendant’s liability
List of documents submitted with the plaint.
Plaint Review:
The court reviews the plaint and can reject the plaint in the following
situations:
Where it does not disclose a cause of action.
Where the relief claimed is undervalued, and the plaintiff on being
required by the court to correct the valuation within the time fixed by
the court.
Where the relief claimed is properly valued, but the plaint is written
on the insufficient stamp paper and the plaintiff on being required by
the court to supply requisite stamp-paper within a time to be fixed by
the court fails to do so.
Where from the statement in the plaint the suit appears to be barred
by any law.
Issuance and Service of Summons:
Once the suit is registered, summons are sent to the defendants to appear in the court
on a specified date. Th summons shall be signed by the Hon’ble judge and sealed with
the seal of court. The summons is accompanied by plaint as well.
If the court thinks fit, court may also required the plaintiff to be
present during the appearance of defendants. The court may require
the party to appear in person only if,
They resides within the local limits or the court’s ordinary
jurisdiction.
They resides at a place less than 50 k.m or less than 200 miles by car
distance from the court-house.
If the defendant is not required to appear in person then the
defendant can be represented by a pleader.
Summons for final disposition:
If the court deems fit the summons can be sent for final disposition.
If the summons are sent for final disposition, then the summons
would mention the fact about final disposition and would also direct
the defendant to produce all the documents, evidences and witnesses
to support his claim.
Appearance of defendants:
The defendant needs to appear in the court either personally or by a
representative on the date mentioned in the summons. If the
summons are for final disposal then the defendant needs to present
all evidences documents and eye witnesses in support of case.
Written statement, Set off and claims by defendants:
The defendant needs to submit the written statement on or before the
day of appearance. The defendant can also claim a set-off or can
make a counter-claim. In the written statement so filed. If the
defendant does not file written statement within time than the court
may make a decision based on plaint itself. If the court deems it fit
that the written statement must be filed and defendant needs to file it,
then the court shall make a decision against the defendant.
Contents of written statement:
If the defendant relies on any document for the defense, set-off or
counter claim then those documents should be mentioned in the list
and attached along with the written statement. If the defendant does
not possess the documents then he should specify about in whose
possession those documents are. The list of that document should be
mentioned along with the written statement.
It should be noted that if any document is not mentioned in the list, it
cannot be accepted as evidence in the court unless specifically
allowed by the court.
The written statement must individually address all the allegations
that the defendant does not agree within the plaint. In the written
statement amount of set-off claim shall be exactly mentioned.
Replication/Rejoinder by the Plaintiff:
The written statement can also include the details of counter-claim is
treated as a plaint. All the documents upon which the counter claim
is based should be presented to the court with the counter claim. The
plaintiff may file a written statement against the counter-claim.
Examination of parties:
On the first hearing the court will ask each party whether the
allegations are true or false. This can be asked orally by the Ho’ble
Judge. The response is recorded by the Hon’ble Judge in writing.
Framing of Issues:
At the first hearing of the suit, court frames the issues pertaining the
suit. Issues arise when allegation of a party are denied by other. Each
such allegation which is denied by the party shall be the issue and in
the end judgment is given individually on those particular issues. It
can be an issue of fact, or issue of law. The court can form the issues
by looking at the plaint and written statement. For this, court may
adjourned the case further. The issues are formally recorded by the
court. However, if the defendant makes no defense in the first
hearing then issues may not be formed and judgment may be passed.
Modification of issues:
The court may amend or remove any issues before passing a decree
as it thinks fit. Though, an application can also be filed with the
court, by neither party for the amendment.
Evidence and Cross- Examination of Plaintiff:
The plaintiff has the right to begin, where he/she to submit the
evidences. Unless, the defendant agree to allegations made by the
plaintiff, but disagrees with the relief sought then the defendant has
the right to begin. The plaintiff has to submit the evidences that were
earlier marked. If any, evidence was not marked earlier, then it will
not be considered by the court. The plaintiff will be crossed
examined by the defendant’s lawyer. The witnesses from plaintiff’s
side also have to appear in the court, who are also cross-examined by
the defendant’s lawyer.
Evidences and cross examination of defendant:
The defendant also presents his side of the story supported by the
witnesses and evidence. The evidence needs to be marked earlier by
the court, otherwise it will not be considered. The plaintiff’s lawyer
will cross examine the defendant and his witness.
Final Arguments:
Once the evidence has been submitted and cross examination is
concluded by the plaintiff and defendant, both the sides are allowed
to present a summary of their case and evidence to the Hon’ble judge
in the final argument session.
Judgment/Decree:
After the final arguments, the court may be given the judgment on
the same day of may adjourn the court to any other day. If the court
does not pass the judgment immediately than it has to pass it within
the 15 days. However, if the judgment is not pronounced within 30
days of final hearing then the court needs to record the reasons for
doing so.
The judgment must be dated and signed by the Hon’ble Judge and
the copy of the judgment is given to both the parties. The judgment
contains the decisions taken by the court on all the issues that were
framed by the court in the beginning. The Judgment also includes the
set-off, profits, any other claims to be made to either of the parties.
The party in whose favour the judgment is passed is known as decree
holder and the party against whom is passed is called judgment
debtor.
Appeal:
A party may file an appeal in an appellate court against the
impugned decree. A memorandum of appeal needs to be filed with
an appeal specifying the grounds of appeal. The appellant may
required to pay security fees. The court may accept or reject the
appeal or may remand the case. If the appellate court accepts the
appeal it shall send the notice to the lower court. So that it can
dispatch the record of the case relevant to the pertaining matter. The
appellate court may send the letter to the parties for hearing. And
will rehear the case. The appellate court may alter, reverse or
confirm the original decree in its judgment.
Execution of Decree:
If the judgment debtor needs to pay money he can submit it in the
court or outside of the court room in the branch of the court. If the
payment is made out of the court than receipt of payment shall be
shown to the court. When the payment is made the judgment debtor
needs to show the receipt of the same to the decree holder. The
judgment debtor is issued a show cause notice against execution. If
no satisfactory response is made then the court may issue orders to
seize the property or may send the JD in the civil imprisonment.
Stages of Criminal Cases
Indian Penal Code and Code of Criminal Procedure Code are sister statutes. Cr.P.C is
the procedural law and IPC is substantial law. Cr.P.C is the procedural law which is
for conducting a criminal trial in India .The procedure for collection of evidences,
examination of witness, interrogation of accused, arrest, safeguards, and procedure to
be adopted by the police and courts for bails, and conviction of accused. It also
provides a fair trial by principles of natural justice.
Indian Penal Code is the primary penal law of India. It concludes all offences. Indian
Evidence Act is a comprehensive, treaty on the law of evidence which can be used in
the trial, the manner of production of the evidence in a trial and the evidentiary value
which can be attached to such evidence.
Types of Criminal Trial:
According to the code of criminal procedure a criminal trial is of three types.
Depending upon the types of criminal trial, the stages of criminal trial are discussed
below:
Warrant Cases:
According to the section 2(x) of the Cr. PC a warrant case is one which relates to
offences punishable with death, imprisonment for life or imprisonment for a term
exceeding 2 years. The trial in warrant case commemorates either by filing of FIR in a
police station or by filing a complaint before a Magistrate. Consequently if the
Magistrate is satisfied that the offence is punishable for more than 2 years, he sends
the case to the sessions court for trial. The process of sending it to sessions court is
called committing it to sessions court.
Important features of a Warrant Case:
Charge must be mentioned in a warrant case.
Personal appearance of accused shall be assured
A warrant case cannot be converted into a summons case.
The accused can examine and cross examine the witness more than once.
The Magistrate should ensure that the provisions of section 207 are complied with.
Section 207 Cr.P.C includes supply of copies such as police report, FIR, Statements
recorded or any other relevant documents to the accused. The stages of trial in warrant
cases are given from section 238 to section 250 of the code of criminal procedure.
The stages of Criminal Case are shown in a flow chart as follows:
Stages of Criminal Case
Complaint/ FIR
Investigation
Bail
Charge Sheet
Evidence
Defense Evidence
Arguments
Either acquitted or punished
Summons Case:
According to section 2(w) of Cr.P.C those cases in which an offense is punishable
with an imprisonment of less than 2 years is a summons case.
A summons case does not require the method of preparing the evidence. Nevertheless,
a summons case can be converted into a warrant case by the magistrate, if after
looking into the case he thinks that case is not a summons case.
Important points about summons case:
A summons case can be converted into a warrant case.
The person accused need to be present personally.
The person accused shall be informed about the charges orally. No need for framing
the charges in writing.
The accused get only one opportunity to cross examine the witness.
The different stages of criminal trial in a summons case are given in the section 251 to
section 259 of Cr.P.C
Stages of Criminal Trial in a summons case:
Pre Trial:
In the pre trial stage, the process of filing of FIR and investigation is conducted.
Charges:
In summon trial, charges are not framed in writing. The accused appears before the
court or is brought before the court or is brought before the court then the magistrate
would orally state the facts of the offense to which he has to answer.
Plea of guilty:
The Magistrate after stating the facts of the offense will asked the accused if he pleads
guilty or has any defense to support his case. If the accused pleads guilty, the
magistrate records the statement in the words of the accused and may convict him on
his discretion.
Summary Trial:
Cases which often takes only one or two hearings to decide the matter comes under
this category. The summary trails are reserved for small offences to reduce the burden
of the courts. Those offences in which the punishment is not more than 6 months can
be tried in a summary way. Noteworthy is that if case is being tried in a summary way
a person cannot be awarded a punishment of imprisonment of imprisonment fro more
than 3 months.
The summary trial procedure is provided from section 260 to section 265 of the code
of criminal procedure.
Stages of Criminal Trial in Summary Cases:
The procedure followed in the summary trial is similar to summons case.
Imprisonment up to 3 months can be passed.
The evidences shall be recorded in brief statement of the findings of the court with
reasons.
Summons Case
Stages of Criminal Trial in a summons case
Summary Trial
Stages of Criminal Trial in Summary Cases
Legal Documents
