It is important to know
some technical background of Indian legal system and proceedings. I am not
lawyer and I am writing based on my real experience
Different court for
criminal and civil proceedings
1. District Court
2. Session Court
3. High Court
4. Supreme Court
Consumer protection
courts
1. District Consumer Court
2. State Consumer Court
3. National Consumer
Court (NCDRC)
4. Supreme Court
Tribunal
1. DRT
2. DRAT
Individual can have DRT
and other cases parallel
Couple of important
points while filing a case against other parties
1. Collect all documents
from all possible places
2. Recall you issues and
note down on paper or notes, than details out. If possibly sequentially
(date/year wise).
3. List down whom you
want to be parties, all names must be list.
4. Look for good lawyer
who can write better, drafting is very important. Drafting done by lawyer.
There are some major’s points that should be taken care
- All Parties name and address - which you already noted
- Grounds - It is legal way - Match all
points which you have noted earlier
- Prayer - Please make sure that your prayer should match
what you want,
- Put each and every document in lower court so in all
cases your complete application can go upper court and you don't need
court permission for filing additional documents. It is court decision if
you are filing additional documents in upper, they can send for review or
recall. Which are additional expenses?
- If there are some calculation please read carefully and
make sure that all relevant documents and draft document having same
details.
- Each and every receipt, check, clearance date, payment
date or any other documents which are applicable.
- In high court and Supreme Court normally lawyer goes
with face values. There are few lawyers who have face values in all courts
so get lawyer based on court and face values of those court for the
lawyer.
- There are multiple stage in court
- Admission and notice
- This is very remarkable in
case of SC
- This is good in High Court
- Pending and notice
- In SC, this means SC will
hear other parties and then it will be admitted. You need one more time
Senior.
- In High Court, this means HC
will hear other parties and then it will be admitted. You need one more
time Senior.
- Disposed-off with some direction
- HC/SC no more hearing just
some direction
- Rejected
- Case is not competent at all.
