FAQs

Justice is a temporary thing that must at last come to an end; but the conscience is eternal and will never die. - Martin Luther King

Sometimes it’s easy to know if you need an Advise . If you’ve been charged with a crime, been served with a lawsuit, or need a divorce - an Adviser is exactly what you need. Adviser , however, aren’t just for criminals or those in litigation.

A skilled Adviser advice can help you understand the complex rules associated with business negotiations and partnerships, estate planning, adoption, will and trust drafting, tax strategies and much more.

Adviser improve their clients’ quality of life by protecting them from situations that might bring later plenty of emotional and financial hardship. We are set of qualified Lawyer to help those in trouble and those who want to avoid trouble in the future.

In many cases, you may be able to solve your problem without an advocate's help. If a company has wronged you, see if it has a customer service department. Often, a complaint can be settled to your satisfaction without having to find an Lawyer.

If a regulated industry (like a bank or insurance company) has wronged you, there is a state-run agency in charge of watching that industry that you can contact. This agency may be able to deal with the problem on your behalf. Community groups might also be able to offer you free advice on these types of legal matters.

On the other hand, sometimes an Lawyer's advice can be well worth the money. Lawyer can help ensure that you contact the right people first, and that you don't do something that will hurt your case later.

Legal matters can have a variety of outcomes. None are ever predictable. Once you have chosen an Lawyer, you need to communicate your expectations before you begin discussing strategies to win. Your Lawyer needs to know what your "dream outcome" for the lawsuit is, and your Lawyer needs to explain all other possible outcomes that could happen if you pursue the case in court.

Even if your "dream outcome" seems ridiculous, your advocate needs to be aware of it. After explaining your "dream outcome," you need to list all other possible outcomes that you would accept in the order that you would accept them. This will give your advocate something to shoot for as well as keeping him or her from settling for less than you expect.

Here are some things to bring up with your Lawyer as you discuss the possible outcomes you will accept in your legal matters:

When is the latest/earliest you want the legal matter attended to?
What is the minimum amount of settlement you will agree to?
What is the worst way you think your case can end?
What is the maximum amount in legal fees you want to pay?
By ranking acceptable outcomes with your advocate, you avoid the possibility of your advocate not obtaining the best possible outcome that you will accept. Be sure to give the advocate a chance to voice an opinion about your ranked outcomes.

After you finalize the Lawyer, understand your ground rules, it's time to discuss the plan for winning your case. In most cases, the better plan with the better follow-through generally wins. Your advocate needs to be able to explain how he or she plans to win the case, and after your initial meeting should be given the opportunity to draft a strategic plan. The strategic plan, for the most part, forces your advocate to give immediate attention to your case, encouraging creative and proactive thinking.

A strategic plan explains all of the following:

What the plan is and what results it should probably produce?
Why it's the best possible plan?
How long the plan will probably take, from beginning to end?
How much it will probably cost to implement the plan?
What special circumstances might require deviation from the plan?


Your Lawyer will charge you for the time it takes to draft a strategic plan. As for the cost of drafting the plan, you can instruct your advocate up front to spend only a certain amount of money on drafting the plan.

Finally, don't hesitate in modifying the plan that your advocate comes up with, if necessary. The strategic plan, when agreed upon by advocate and client, will keep your Lawyer on the right path for the duration of your lawsuit.

Some of the basic things people should know …
o What is FIR ?
o What is Investigation ?
o What Suits stands for ?
o Hierarchy of Civil Courts
o Suit Procedure
o Vakalatnama

F.I.R. is the abbreviated form of First Information Report. It is the information recorded by the police officer on duty, given either by the aggrieved person or any other person about the commission of an alleged offence. On the basis of the F.I.R. the police commences its investigation.

Any person can file an F.I.R. He need not be the aggrieved person. It may be merely hearsay and need not be by the person who has had firsthand knowledge of the facts.

An F.I.R. can be filed in the police station of the concerned area in whose jurisdiction the offence has occurred. It must be made to the officer-in-charge of the police station and if he is not available the Assistant Sub Inspector is competent to enter upon the investigation

When a wrong has been committed and the aggrieved person or any other person wants to file a F.I.R. it shall be filed in the following manner.

Go to the police station and meet the officer-in-charge.
Step by step in an orderly sequence narrate to the officer every information relating to the commission of the offence.
The officer shall reduce the information given in writing.
The information given shall be signed by the person giving it.
The information given shall be entered in a book to be kept by the officer.
Copy of the information as recorded shall be given free of cost to the informant.

If the officer in charge refuses to record the information, the information may be sent in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him.

In criminal proceedings once a Police Officer receives information about the commission of an offence he is entitled to start investigation of the matter. Investigation includes all the proceedings of collection of evidence conducted by a police officer or by any person who is authorized by the Magistrate in his behalf.

No male under the age of fifteen years or woman shall be required to attend at any place other than where they reside.
The police officer shall orally examine the person supposed to be acquainted with the facts and circumstances of the case.
A person is not bound to answer those questions, which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
No statement made by any person to a police officer in the course of investigation in writing shall be signed by the person making it.
No police officer shall prevent any person from making in the course of any investigation any statement, which he may be disposed to make of his own freewill.

Any police officer making an investigation may, by order in writing ask any person being within the local limits of his own or adjoining police station to come to the police station for questioning and it is the duty of the person called to report on the specified time and place.
Such person is bound to answer truly all questions relating to the case put to him by the officer.
No police officer or other person shall offer or make any such inducement, threat or promise to the person being questioned.

Types of Suits

Suits of civil nature falls into various categories, depending on the nature of suits, or status of person filing the suit etc.
These categories in brief are as follows:
Suits By Or Agents Govt./ Public Office
Suits By Or Against Military / Naval Men / Airmen
Suits By Or Against Corporations
Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own.
Suits By Or Against Trustees, Executors and Administrators.
Suits By Or Against Minors And Persons Of Unsound Mind
Suits By / Against Persons Of Unsound Mind
Suits Relating To Matters Concerning The Family
Summary Procedure. (Suit Relating To Bills Of Exchange, Hundis, Promissory Notes Etc.)

There is a hierarchy of Civil Courts in every state subordinate to their respective High Courts to administer civil law disputes. These civil courts are assigned a particular territory in a city or a town of the state and as well a particular pecuniary limit that is, the limit of the monetary value of the cases, which these courts may entertain.

Thus a particular civil court at a particular position in the hierarchy would be able to adjudicate civil cases only of a particular monetary value and further only from a particular territory.

The Hierarchy and the nomenclature of these civil courts varies in different states.

In Delhi for instance there are very broadly following levels of civil courts.

District Judge & his collateral additional District Judges
Senior Civil Judge
Civil Judge
Small Cause courts.


Civil cases up to the monetary value of three Lakhs are filed before the Civil Judges. The Civil cases having monetary value between three Lakhs and twenty Lakhs are filed before the District Judge or additional district Judge. The Civil cases having monetary value above twenty Lakhs are filed directly in the High Court.

The Small Cause Courts are established to adjudicate upon small cause matters such as guardianship and custody matters which can be adjudicated in a summary trial that is, without a protracted and extensive civil trial.

The court of Civil Judge, Senior Civil Judge and Additional District Judges on the other hand entertain regular matters requiring proper civil trial following all the rules of evidence and procedures envisaged in the civil procedure code.

Introduction

There is a detailed procedure laid down, for filing a civil case. If the procedure is not followed, then the registry has a right to dismiss the suit
The Procedure is as follows:

Filing of Suit / Plaint.

In layman's language plaint is the written complaint / allegation.
One who files it is known as "Plaintiff" and against whom it is filed is known as "Defendant"
The plaint has to be filed within the time limit prescribed in the Limitation Act, and should be typed copy, in double line space.
Name of the Court, Nature of Complaint, Names and Address of parties to be suit has to be clearly mentioned.
Plaint should also contain verification from plaintiff, stating that, contents of the plaint are true and correct

A person / party filing a case, May also represent their own case personally in any court.
However, due to lack of knowledge of Law and Technical Procedures, Lawyers are engaged to report the interest of parties.
" Vakalatnama", is a document, by which the party filing the case authorizes the Lawyer to represent on their behalf?
On General Terms, a Vakalatnama may contain the falling terms :
The client will not hold the Lawyer responsible for any decision.
The client shall bear all the costs and /expenses incurred during the proceedings.
The Lawyer shall have right to retain the documents, unless complete fees are paid.
The client is free to disengage the Lawyer at any stage of the Proceedings.
The Lawyer shall have all the right to take decisions on his own in the court of Law, during the hearing, to the best interest of client.
Vakalatnama is affixed on the last page of plaint / suit and is kept along with court records.
Plaint should also have the requisite court fees attached to it. Court fees are some nominal percentage of the value of the claim or value of the suit. The requisite amount of Court and stamp fees is different for every suit, and is mentioned in the "Court Fees Stamp Act."