Civil and Criminal Litigation

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The Civil Law is indubitably and certainly the most important branch of law for every constitutional country. The Civil Law consists of a body of rules, procedures, regulations and judicial precedents that helps in resolving the various non-criminal disputes. These disputes are either between individuals or organizations and can be on a variety of problems like ordinary issues, private matters, marriage conflicts etc. Bishnoi Advocates being one of the top law firms in Mumbai provides a complete gamut of legal services and expert counsel regarding the civil law India.

A civil case begins when a person or entity (such as a corporation or the government), called the plaintiff, claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff. Both the plaintiff and the defendant are also referred to as "parties" or "litigants." The plaintiff may ask the court to tell the defendant to fulfil the duty, or make compensation for the harm done, or both. Legal duties include respecting rights established under the Constitution or under federal or state law.

1. In first stage, suit is instituted i.e. filing of suit in a competent court having jurisdiction.

2. After admission of suit, summons is issued to defendant(s).

3. Defendant files his written statement. It is a sort of reply to plaintiff's (who files suit) contention(s).

4. If defendant has any set-off claim, then he can raise here.

5. After examining above things, court frames issues.

6. In this stage, parties present their evidences to support their contentions.

7. Examination of witnesses.

8. Arguments.

9. Judgement/Decree

Criminal Laws in India are considered to be highly technical and extremely complex, and hence requires a unique set of excellent skills in order to understand and interpret them. Guruji And Associate possesses one of the most experienced and efficient team of skilled and qualified criminal advocate in Delhi. This team has enabled us to win several criminal cases in Sessions/District Court, and at Appellate stage before the High Court and the Hon’ble Supreme Court of India with the help of finest criminal lawyer in Delhi.

Guruji And Associate’s team has handled several cases of Indians and Foreign Nationals of criminal and quasi-criminal nature. Our focus is not only on winning the cases for our clients, but we also believe in client satisfaction. We are committed to help our clients upto the high level by providing them reputed and top criminal lawyer in delhi. Criminal litigation becomes more critical because of the fact that conviction in a criminal trial brings along severe consequences. There is a general perception that criminal lawyers are very busy with their work and hence could not manage to give their clients enough time. We have a separate team dedicated to overcome this problem, which assist you to get criminal advocate in delhi and establishes a systematic channel of communication with the clients in order to listen to them and understand their problem by giving them enough requisite time. It also provides status update to the clients about the progress in their respective cases.

Criminal case in India is conducted under Code of Criminal Procedure, 1973 which describes the process of conducting a criminal case in India. The stages of a criminal case in India can be described in the following steps:

STEP-1

Reporting of commission of an offence to the police. The persons informing the police is called either informant or complainant and the persons against whom complaint is made are called suspect or accused based on the facts of the case.

STEP-2:

Police may register a FIR if the matter reported amounts to commission of a cognizable offence and start the investigation in the matter. The police may not register a FIR if the matter reported is a non-cognizable offence. This is named as a state case when the police registers the FIR on the basis of the complaint. This may be termed as the beginning of the criminal case in India.

COMPLAINT CASE

When the police refuse to register the FIR despite a specific complaint of cognizable offense, the complainant has the remedy to file an application under Section 156(3) of CrPC before the court of the magistrate on which the magistrate can issue directions to the police to register a FIR and investigate the matter. If the magistrate declines to issue the directions to the police to register the FIR, the option still available with the complainant is to file a complaint under Section 200 of Cr PC before the court of the Magistrate seeking summoning and punishment of the accused persons. This is called the complaint case as police has no role to play in the same. The court may after considering the evidence led by the complainant may issue summons against the accused persons.

STEP-3:

If the offence reported is bailable, the police may admit the accused on bail subject to the terms and conditions imposed on him. If the offence reported is non-bailable then the police may either arrest the accused or may not arrest him if his custodial interrogation is not required. The accused may obtain bail from the court in the event of his apprehension of arrest by taking the services of a bail lawyer.

STEP-4:

The offences have been described in the Indian Penal Code, 1860 and various other special laws including the laws applicable in the respective states. Police is required to conduct the investigation in the matter after registration of the FIR and to collect the entire evidence related to the commission of the offence and role of the accused persons, witnesses, medical evidence etc. The police is required to file the charge sheet on the basis of the same before the competent court and the court may issue summons to the accused persons named in the charge sheet filed by the police.

STEP-5:

Criminal case in India is assigned to the court of the magistrates depending upon the nature of the offence as classified in the First Schedule of the CrPC. In metropolitan cities, the magistrate is often named as Metropolitan Magistrate whereas in the other areas he is called the Judicial Magistrate. After issuance of the summons to the accused persons by the court, the criminal trial formally begins and the accused persons are summoned to appear before the court on the date fixed by the court. This is another important stage in the criminal case in India.

STEP-6:

Court then proceeds to frame charges on the accused persons on the basis of the contents of the FIR, the court has the powers to remove and add charges on the accused persons on the basis of the FIR. Next stage of the criminal case in India is the evidence stage of the case when all the witnesses named by the police in its charge sheet are summoned before the court to give evidence and prove the case of the police, the accused are given the liberty to cross examine the said witnesses to disprove the case of the prosecution. In this process the police is represented by the APP and the accused persons have the liberty to be represented by their defense counsels.

STEP-7:

After the prosecution witness is over, the accused are given the chance to produce their defense witness thereafter the court proceeds to record the statement of the accused persons.

STEP-8:

The matter is thereafter fixed for final arguments and on the basis of that the court concludes whether the offence has been proved or not, the court passes the orders in the case accordingly.

If the guilt of the accused persons has been proved the court thereafter fixes the matter for sentence and awards the sentence to the accused persons based upon the facts of the case. This is the last stage of the case and the criminal trial is treated to be completed after this stage. The accused persons are either convicted or exonerated based on the findings of the trial and the aggrieved party has the liberty to file appeal against the orders passed in the matter. This is considered as the final stage of the criminal case in India.

• Bail:

• Regular Bail

• Anticipatory Bail

• Appeal in High Court and Supreme Court against Rejection of Bail Application

• FIR & COMPLAINTS:

• Drafting and Filing of Complaints before the Police or Magistrate/Court

• Filing of First Information Reports (FIRs)

• Quashing of FIRs and Criminal Complaints under Section 482 by the High Court

• APPEAL & REVISION

• Criminal Appeal

• Criminal Revision

• Appeal before the Hon’ble High Courts and the Hon’ble Supreme Court of India

BODY

• Murder

• Attempt to Murder

• Outraging Modesty of a Woman

• Stalking

• Dowry Death

• Hurt/Grievous hurt

• Kidnapping

PROPERTY

• Theft/Robbery/Extortion

• Cheating/Fraud/Forgery

• Criminal Breach of Trust

• Criminal Trespass

• Misappropriation of Funds

• Mischief

RELATED TO MARRIAGE

• Cruelty by Husband or His Family

• Adultery

• Bigamy

• Domestic Violence

OFFENCES UNDER OTHER CRIMINAL LAWS

• Prevention of Corruption Act, 1988

• Juvenile Justice Act, 2000

• Narcotics & Drug violations barred by the Narcotics, Drugs & Psychotropic Substances Act, 1985

• Immoral Traffic (Prevention) Act, 1956

• Arms act, 1959

• Electricity Theft under Electricity Act, 2003

• Maintenance Claims under Section 125 of Cr.PC., 1973

• Contempt of Courts Act, 1971

CHEQUE BOUNCE / DISHONOUR OF CHEQUES:

• Criminal Proceedings under Section 138 of the Negotiable Instruments Act, 1881

ECONOMIC OFFENCES:

• SEBI Act, 1992

• FEMA, 1999

CYBER CRIMES:

• Crimes under the Information Technology Act, 2000

• Fraudulent Financial Transactions

• Online Stalking

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