Chapter I

LEGAL DELIVERY SYSTEM AT NATIONAL LEVEL

1.1 EVOLUTION OF COURT SYSTEM IN INDIA

1. The Concept of justice and judicial system originates from Dharma as perceived by Hindu

Jurists. Evolution of court system in India was generally influenced by the ruling classes in

different eras:

Diagram No. 1: Evolution of court by ruling classes

2. History of our judicial system takes us to hoary past when Manu and Brihaspati gave

Dharam Shastras, Narada the Smritis, and Kautilya the Arthshastra

3. Legal system in India earlier was largely based on religion andsocially stratified caste

groups. In Hindu justice was served either by the caste elder or village Panchayats or

zamindars whereas for Muslim Qazi supervise the litigation issues. In case there was a

discrepancy, the Rajas and Badshahs were considered as the fountainhead of the justice. The
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 beginning of Indian codified common law is traced back to 1726 when a Mayor’s Court in

Madras, Bombay and Calcutta was established by the East India Company. The

chronological development of the judiciary system happened during British India.

4. Earlier courthouse was seen as sacred place. The code of conduct for judges also was very

strict.

5. In 1726 The Charter issued by King George I marked an important development in Indian

legal system. This Charter formed the basis for the establishment of Crown's courts in India.

6. Warren Hastings and Lord Cornwallis introduced their Judicial Plans, in 1772. These plans

had established a hierarchy of courts and designated officials who were to decide matters,

taking help from advisors who were well-versed with the parties’ personal laws. This system

helped forming the basic framework for the system of courts that we have today.

7. In the era of British India, judicial system involved jury trials but after the Crown

Government of India (Raj) adopted the Indian Penal Code (1860) and the Indian Code of

Criminal Procedure (1861), the criminal jury was obligatory only in the High Courts;

elsewhere, it was optional and rarely used. The jury found no place in the Indian

Constitution 1950, and it was ignored by many Indian states Jury trials were finally

abolished in India by a very discrete process during the 1960s.

8. Federal Court at New Delhi was created. After India attained independence in 1947, the

Constitution of India came into being on 26 January 1950. The transition from the Federal

Court to the Supreme Court of India (SCI) was seamless.

9. Judicial system of India after commencement of Indian Constitution was made a single

integrated organized rigid structure on pyramidal form.

1.2 HIERARCHY OF INDIAN COURT SYSTEM

10. The hierarchy of courts in India is based on the Constitutional structure. It was developed

because of the huge population of the country. To reduce the pendency of cases and to get

justice easily, courts are established at every level. The hierarchy of courts in India begins

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 with the Supreme Court, followed by the High Courts, District Courts, and other judicial

bodies.

Diagram No. 2: Hierarchy of Indian court system

11. Supreme Court of India

a) In India, the court of the highest order is the Supreme Court. The Supreme Court of

India is the apex court in the country. It is located in New Delhi. The role of this court,

as defined by the constitution is that of a federal court.

b) It has wide powers in the form of original, appellate and advisory jurisdiction. Citizens

may directly file their case in the Supreme Court for violation of their fundamental

rights. This forms part of the Original jurisdiction of the Supreme Courts. It is the

highest court of appeal. As part of the appellate jurisdiction, the Supreme Court

entertains appeals from the High Courts and other courts and Tribunals. The cases

entertained are both civil and criminal. The President of India may also refer certain
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 problems to the Supreme Court seeking advice from it. This forms the advisory

jurisdiction. Moreover, the law declared by the Supreme Court is binding on all the

Courts situated within India.

12. High Courts

a) Followed by the Supreme Court, each Indian State has its own High Court. There are 24

High Courts in India, functioning in the states of the country. These courts have

jurisdiction over a state, a group of states or over a union territory. The High Courts are

usually located in the capital of the State.

b) Below the High courts, come many different courts which handle various specific issues

and cases of a certain nature. These are given as follows:

i. Civil courts

ii. Family courts

iii. Criminal courts

c) The High Courts are the principal civil courts with original jurisdiction in the State and

the respective Union Territory. However, a High Court exercises this power only when

the subordinate courts do not have the authority to try the cases due to lack of pecuniary

jurisdiction (based on the value of the suit) and territorial jurisdiction. The High Courts

of Calcutta, Bombay and Madras have original civil jurisdiction because of their history

of being a Presidency Towns before Independence. The High Courts have appellate

jurisdiction with respect to civil and criminal cases from the Subordinate Courts.

13. District Courts

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 Diagram No. 3: Administration of justice at district level

a) The District Courts administer justice at a district level. Such courts are under the

administrative and judicial control of the High Court of the State to which the district

belongs. The district courts in India are established by the State governments in India

and these are established in all the districts within states or union territories. Sometimes,

a few districts are clubbed together and a court is given authority to handle their cases.

b) There are many subordinate courts within the District Court Complex. This structure

varies for Metropolitan cities and other cities. Additionally, there are separate Labour

Courts and Family Courts in each district. There are Special Courts for specific purposes

also. E.g., Special Courts under Essential Commodities and Narcotic Drugs and

Psychotropic Substances Act (EC & NDPS Act).

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 14. Village Courts

They are also called Lok Adalats or Nyaya Panchayats. Their aim is to solve petty disputes

in an informal manner in the rural areas. Basically, Village Courts are set up to handle the

appeals of the villagers on a wide range of matters.

15. Tribunals

Tribunals are not Courts. Tribunals run parallel to the court system but they are not part of it.

They do not form above or below the Courts in the hierarchical structure.

1.3 CONSTITUTIONAND COMPOSITION OF NATIONAL COURT

16. Constitution of national court

On the 28th of January, 1950, two days after India became a Democratic Republic, the

Supreme Court came into being. The inauguration took place in the Chamber of Princes in

the Parliament building which also housed India's Parliament, consisting of the Council of

States and the House of the People. It was here, in this Chamber of Princes, that the Federal

Court of India had sat for 12 years between 1937 and 1950. This was to be the home of the

Supreme Court for years that were to follow until the Supreme Court acquired its own

present premises.

After its inauguration on January 28, 1950, the Supreme Court commenced its sittings in a

part of the Parliament House. The Supreme Court moved into the present building in 1958.

The Central Wing of the building is the Centre Beam of the Scales. In 1979, two New Wings

the East Wing and the West Wing were added to the complex. In all there are 15 Court

Rooms in the various wings of the building. The Chief Justice's Court is the largest of the

Courts located in the Centre of the Central Wing.

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 Supreme Court is governed by Supreme Court Rules, 1966 framed under Article 145 of the

Constitution to regulate the practice and procedure of the Supreme Court.

17. Composition of national court

The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7

puisne Judges leaving it to Parliament to increase this number. Parliament increased the

number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986 and 31 in

2008. As the number of the Judges has increased, they sit in smaller Benches of two and

three - coming together in larger Benches of 5 and more only when required to do so or to

settle a difference of opinion or controversy. As for now, Article 124(1) and Amendment act

of 2008 states that there shall be a Supreme Court of India consisting of a Chief justice of

India (CJI) and 34 judges including the CJI. Article 124(2) states that every judge of the

Supreme Court shall be appointed by the President by warrant under his hand and seal after

consultation with such of the judges of the Supreme Court and of the High Courts in the

states.

Supreme Court Judges retire upon attaining the age of 65 years. In order to be appointed as a

Judge of the Supreme Court, a person must be a citizen of India and must have been, for

atleast five years, a Judge of a High Court or of two or more such Courts in succession, or an

Advocate of a High Court or of two or more such Courts in succession for at least 10 years

or he must be, in the opinion of the President, a distinguished jurist. Provisions exist for the

appointment of a Judge of a High Court as an Ad-hoc Judge of the Supreme Court and for

retired Judges of the Supreme Court or High Courts to sit and act as Judges of that Court.

Due to lack of transparency and delay in the appointment, a new article 124A was

incorporated in the constitution, under which the National Judiciary Appointments

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 Commission (NJAC) replaced the collegium system for the appointment of judges as

mandated in the existing pre-amended constitution by a new system.

The NJAC consists of the following persons:

a. Chief Justice of India (chairperson)

b. Two senior-most Supreme Court judges

c. The Union Minister of Law and Justice

d. Two eminent persons nominated by a committee consisting of CJI, Prime minister of

India and leader of the opposition

18. Function and Purpose of National Court

The Supreme Court is the highest judicial authority in India. It is a Court of record and has

power to punish for its contempt by itself. It has the following jurisdiction and powers-

Power to issue certain writs - Supreme Court has the power to issue writs of habeus

corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of

Fundamental Rights or for other purpose.

Power of Superintendence - Supreme Court has superintendence over all Courts and

Tribunals throughout the territories of India.

Power to transfer case - If the Supreme Court is satisfied that a case pending in a court

subordinate to it involves a substantial question of law as to the interpretation of the

Constitution, the determination of which is necessary for the disposal of the case, it shall

withdraw the case and may- either dispose of the case itself; or

determine the said question of law and return the case to the court from which the case has

been so withdrawn together with a copy of its judgement on such question, and the said

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court shall on receipt thereof proceed to dispose of the case in conformity with such

judgement.

Consultation in the appointment and posting etc. of High Court Judges - The Supreme

Court is consulted by the Governor in the appointment, posting and promotion of High

Court Judges. It is also consulted in the appointment of other members of the Judicial

Service.

Control over High courts - The control over high court and courts subordinate thereto

including the posting and promotion of and the grant of leave to persons belonging to the

judicial service and holding any post inferior to the post of high court judge is vested in the

Supreme Court.

Other original and appellate powers - Supreme Court has original and appellate

jurisdiction in civil and criminal matters as conferred by the Codes of Civil and Criminal

Procedure and the Letters of Patent.

Advisory Jurisdiction- The Constitution under Article 143 authorises the President to seek

the opinion of the Supreme Court in the two categories of matters: On any question of law or

fact of public importance which has arisen or which is likely to arise; On any dispute arising

out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar

instruments.

As a Court of Record, judgements, proceedings and acts of the Supreme Court are recorded

for perpetual memory and testimony.

Power of Judicial Review- Judicial review is the power of the Supreme Court to examine

the constitutionality of legislative enactments and executive orders of both the Central and

state governments.

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19. Nomenclature of judges of each constituent

Class

Chief Justice of India CJI

Chief Judge CJ

Ad Hoc Judge of Supreme Court -

Table No. 1: Nomenclature of judges

Supreme Court constitute of Chief Judges and Ad Hoc Judges as given below. The list given
below is perfunctory, other than these ensuing judicial officials there are others as well.

S. No. Name of the Judge

1. Hon'ble Mr. Justice Sharad Arvind Bobde (CJI)
2. Hon'ble Mr. Justice N.V. Ramana
3. Hon'ble Mr. Justice Arun Mishra
4. Hon'ble Mr. Justice R.F. Nariman
5. Hon'ble Mr. Justice Uday Umesh Lalit
6. Hon'ble Mr. Justice A.M. Khanwilkar
7. Hon'ble Dr. Justice D.Y. Chandrachud
8. Hon'ble Mr. Justice Ashok Bhushan
9. Hon'ble Mr. Justice L. Nageswara Rao
10. Hon'ble Mr. Justice Sanjay Kishan Kaul
11. Hon'ble Mr. Justice Mohan M. Shantanagoudar
12. Hon'ble Mr. Justice S. Abdul Nazeer
13. Hon'ble Mr. Justice Navin Sinha
14. Hon'ble Ms. Justice Indu Malhotra
15. Hon'ble Ms. Justice Indira Banerjee
16. Hon'ble Mr. Justice Vineet Saran
17. Hon'ble Mr. Justice K.M. Joseph
18. Hon'ble Mr. Justice Hemant Gupta
19. Hon'ble Mr. Justice R.Subhash Reddy
20. Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah
21. Hon'ble Mr. Justice Ajay Rastogi
22. Hon'ble Mr. Justice Dinesh Maheshwari
23. Hon'ble Mr. Justice Sanjiv Khanna
24. Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
25. Hon'ble Mr. Justice Surya Kant
26. Hon'ble Mr. Justice Aniruddha Bose
27. Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
28. Hon'ble Mr. Justice Krishna Murari
29. Hon'ble Mr. Justice Shripathi Ravindra Bhat
30. Hon'ble Mr. Justice V. Ramasubramanian
31. Hon'ble Mr. Justice Hrishikesh Roy
Table No. 2: Judicial officers at Supreme court

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1.4 ADMINISTRATIVE CONTROL OF SUPREME COURTS

20. Supreme Court has superintendence over all Courts and Tribunals throughout the territories

of India.

21. If the Supreme Court is satisfied that a case pending in a court subordinate to it involves a

substantial question of law as to the interpretation of the Constitution, the determination of

which is necessary for the disposal of the case, it shall withdraw the case and may- either

dispose of the case itself; or

determine the said question of law and return the case to the court from which the case has

been so withdrawn together with a copy of its judgement on such question, and the said

court shall on receipt thereof proceed to dispose of the case in conformity with such

judgement.

22. The Supreme Court is consulted by the President in the appointment, posting and promotion

of Judges.

23. The control over all high courts and courts subordinate thereto including the posting and

promotion of and the grant of leave to persons belonging to the judicial service and holding

any post inferior to the post of judge is vested in the Supreme Court.

1.5 OTHER ADJUDICATORY BODIES AT STATE LEVEL

24. Family court

The Family Courts Act 1984 was enacted in 1984, to provide for the family courts with a

view to promoting conciliation in and secure speedy settlement of disputes relating to

marriage and family affairs. According to Section 2 (d) of the act, "Family Court" means a

family court established under section 3. Section 3 describes the establishment of Family

Courts and says that the State Government after consultation with the High Court and by

notification shall establish a Family Court for every area of the state consisting of a city or

town whose population exceeds ten lakhs and for other areas in the state as it may deem

necessary.
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 Family courts are subordinate to the High Court, which has power to transfer the case from

one family court to the other.

a) Purpose and Function of Family Court

The matters which are dealt in the Family Court in India are matrimonial relief which

includes -

i) Nullity of marriage,

ii) Judicial separation,

iii) Divorce,

iv) Restitution of conjugal rights,

v) Declaration as to the validity of marriage and matrimonial status of the person,

vi) Property of the spouses or any of them and

vii) Declaration as to the legitimacy of any person,

viii) Guardianship of a person or custody of any minor,

ix) Maintenance including the proceeding under the Cr.P.C.

Special emphasis is put on settling the disputes by mediation and conciliation. This ensures

that the matter is solved by an agreement between both the parties and reduces the chances

of any further conflict. The aim of these courts is to form a congenial atmosphere where

family disputes are resolved amicably. The family Court shall make an endeavour to assist

and persuade the parties in arriving at a settlement. If the Court feels that there is a

reasonable possibility of a settlement the Court may adjourn the proceedings for such period

as it thinks fit to enable attempts to be made to arrive at a settlement.

Family Court shall be deemed to be a civil Court except for proceedings relating to

Maintenance of wives, children and parents relating to the Code of Criminal Procedure.

25. Motor Accidents Claims Tribunal

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 The Tribunal deal with claims of the loss of life/property and injury cases resulting from

Motor Accidents.

a) Purpose and Function of Motor Accident Claims Tribunal

Motor Accidents Claims Tribunal (MACT) deals with matters related to compensation

of motor accidents victims or their next of kin.

These Claim Tribunals has been constituted for the speedy disposal of claims and at a

minimum cost, by different State Governments, under Sec. 110 of Motor Vehicles Act,

1939. Only a nominal fee has to be paid for instituting a case and court fee is not based

on the value of the suit.

Sec. 165 of the 1988 Act gives the Motor Accident Claims Tribunals exclusive

jurisdiction to decide the claims with regard to death, personal injury as well as property

damage, irrespective of the amount involved in the property damaged, whether on fault

basis or ‘No fault’ basis.

The claims tribunals have all the powers of a Civil Court.

26. National Green Tribunal (NGT)

The Indian judiciary was set to turn ‘green’ with the Law Commission of India

recommending, in its 186th Report, the constitution of specialised Environmental Courts to

strengthen and revitalise environmental governance.

a) Purpose and Function of National Green Tribunal

The constitution of a ‘green’ branch of judiciary to adjudicate environmental matters is a

further significant step towards improving the quality of environment. Such institutional

changes carry a greater significance in case of emerging market economies like India

where trade and development issues are set to clash with environmental imperatives.
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The NGT has a power to hear all civil matters which are related to environment and

questions regarding the enforcement and implementation of laws which fall under the

seven categories of laws namely (in order of their enactment)

i) The Water (Prevention and Control of Pollution) Act, 1974;

ii) The Water (Prevention and Control of Pollution) Cess Act, 1977;

iii) The Forest (Conservation) Act, 1980;

iv) The Air (Prevention and Control of Pollution) Act, 1981;

v) The Environment (Protection) Act, 1986;

vi) The Public Liability Insurance Act, 1991;

vii) The Biological Diversity Act, 2002

The NGT has been given the power to regulate the procedure by itself; it follows

principles of natural justice. Even the NGT will not be bound by the rules of evidence as

mentioned in the Indian evidence act.

It will have the same power as of the civil court in deciding the matter falling within

these seven legal acts.

The NGT also at the time of giving orders shall apply the principals of sustainable

development and also the principal that the one who pollutes shall pay.

The major benefit with NGT is that it has a strong order enforcing mechanism. If the

orders of NGT are not complied with than it has the power to impose both punishment as

well as fine. The punishment is up to three years and the penalty is up to ten crore and

for firms in can extend up to twenty five crores. Also the director or manager of the firm

can be punished or penalized if it is found by the tribunal that the offence has been

committed on the orders or with the consent of such officer of the firm.

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 The act also provides for fast delivery of justice and the act provides that all possible

efforts will be made to dispose of the case within six months from the date of filing the

suit.

27. CBI Courts

CBI courts are basically special courts dealing exclusively CBI cases. All CBI cases of that

State thereof goes to that CBI Court for trial.

Normally in a State, such courts are stationed at one City. However, depending upon the

number of pending cases, multiple CBI courts are also appointed.

a) Purpose and Function of CBI Courts

The basic purpose of establishing the special court is to look after the cases which are

not probed by the state police or state police fails to reach the conclusion or to arrest the

perpetrator, by the said investigation agency and to initiate the proceedings in order for

the betterment of the judicial system and to lower down the burden of the courts. Also

special courts, like CBI courts under DSPE Act, is established so that there would not be

any burden on the judicial system and the cases wherein state police failed to probe or

find any kind of evidences were misled or not found would be probed by the CBI and

later would be initiated and proceeded by the CBI Court.

CBI court is a trial court where the Central Bureau of Investigation registers cases and

for the trial of offenses punishable under Prevention of Corruption Act the Central

Government, designates one or more Sessions Court as Special Court(s). Any appeal

against any order passed by a CBI court can directly be filed in the High Court for that

jurisdiction.

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 These courts are not different in working. They work like normal criminal Courts. The

procedure of such courts is like normal criminal courts; the only notable differences are,

the pendency is very less as they deal only with CBI Cases.

For Session Cases (Serious Crimes) CBI courts are manned by Additional District &

Sessions judge officer. For magistrate triable cases (less serious crimes as per Law/ IPC)

A CBI Magistrate is appointed who is in the rank of Chief judicial Magistrate or a

Judicial Magistrate first class. Such courts do not decide civil cases at all.

28. Consumer forum

It is an alternate dispute redressal mechanism.

a) Purpose and Function of Consumer Forum

Consumer Forums are established to create awareness, advice and redress consumer

grievances and act as a central registry for lodging consumer complaints.

The Department of Consumer Affairs is an integrated Grievance Redress Mechanism

(INGRAM) for bringing all Stakeholders such as Consumers, Central and State

Government Agencies, Private Companies, Regulators, Ombudsmen and call centres etc.

onto a single platform.

It will also help in creating awareness among consumers to protect their rights and

inform them of their responsibilities.

The main function of consumer court is to provide some extra privilege to the consumers

and to maintain fair practice by the seller or the service provider towards the consumer.

29. Legal Aid Centre

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Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluka

Legal Services Committees, etc. have been asked to discharge the function of providing

legal aid.

a) Purpose and Function of Legal Aid Centre

Legal Aid Centre are created with the objective to operate an independent, efficient and

cost-effective legal aid service; to ensure that no one with reasonable grounds for

taking or defending proceedings is prevented from doing so because of lack of means;

to ensure that in the interests of justice, no one charged with a criminal offence or with

reasonable grounds of appeal is deprived of legal representation because of lack of

means; and to improve the quality and accessibility of legal aid services to the

public while achieving maximum cost-effectiveness. To accomplice the aforesaid

purpose Legal aid centres need to perform certain functions that are –

i) Payment of better honorarium to the lawyers who provide Legal Aid.

ii) Inclusion of all designated senior lawyers in the Legal Aid Schemes and requesting

them to undertake at least two cases free of charge every year.

iii) In appropriate cases, payment of the entire expenses including the normal fees of

the lawyers.

iv) Annual evaluation of the progress of cases in which Legal Aid was given.

The NALSA issues guidelines for the State Legal Services Authorities to implement the

Legal Aid Programmes and schemes throughout the country.

i) Continuation of Micro Legal Literacy Projects in all States.

ii) Continuation of the NALSA awareness programmes and Lok Adalats relating to

NERGA matters.

iii) State Legal Awareness Programmes in the States on the following laws:
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 Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Gram

Nyayalaya Act; Protection of Women From Domestic Violence Act, 2005; Persons

with Disabilities (Equal Protection of Rights and Full Participation) Act; National

Trust Act; Laws relating to Marriage; Labour Laws; Environmental Protection

Laws; Consumer Protection Laws; Campaign against Female Infanticide;

Campaign against Human Trafficking.

iv) Cooperation with National Commission for Women at the Centre and associating

the activities of State Legal Services Authorities with the State Women's

Commissions.

v) Conduct awareness programmes and seminars with the involvement of National

Women's Commission, Ministry of Social Welfare, Ministry of Child Welfare and

Development and Ministry of Rural Development.

30. Mediation

Mediation is the process by which the participants together with the assistance of a neutral

person or persons, systematically isolate disputed issues in order to develop options,

consider alternatives with aim to reach a consensual agreement that will accommodate their

needs.

It is a confidential, voluntary and participatory process. The Mediator does not impose any

solution but creates a favourable environment to enable the parties to resolve their dispute

themselves amicably.

Mediation is - A structured negotiation process, Neutral mediator, Facilitate communication

and negotiation, Assist the parties in resolving their dispute, Flexible and informal process,

Allows creative remedies, Process is economical and confidential.

a) Purpose and Function of Mediation

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The goal of meditation is to achieve lasting peace. The purpose of matrimonial

mediation is to reach a consensus between parties towards a solution that is proposed by

the mediator or by either of the parties themselves. The major objective of mediation &

conciliation centre is to reduce the litigation by way of settlement between the parties.

Mediation is a dynamic process in which the mediator assists the parties to negotiate a

settlement for resolving their dispute. In doing so, the mediator uses the four functional

stages of mediation, namely, Introduction and Opening Statement followed by Joint

Session then Separate Session and finally closing.

These functional stages are used in an informal and flexible manner so that the

mediation process gains momentum, following a specific and predictable course. Each of

the above phases reflects an essential pre-requisite in the dynamics of the mediation

process which must be accomplished before moving to the next phase.

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 Chapter II

OFFICE PROCEDURES AT ADVOCATE’S OFFICE

While practicing advocacy, there are certain code of conduct and procedures that is followed during

course of conduct by an advocate. Every task that is performed by an advocate usually has a definite

procedure that an advocate may follow. Different procedure is followed in different tasks such as, in

Client counseling, note-taking, legal research etc. Office procedures are an established way of doing

some tasks following such procedures provide a consistent and clear response in tasks that is

performed.

2.1 CLIENT COUNSELLING

1. Introduction

One of the primary functions of a lawyer is counselling the client. Legal counselling is

viewed as the lawyer advising the client regarding the client’s legal problem and not the

lawyer taking any decisions on behalf of the client.

Counselling is all about giving such information which a client would like to know

regarding his legal problem/case. Client may require such information to take some decision

about the course of action he/she may like to take in future.

2. Steps

A lawyer uses his legal knowledge to solve the problems of a client legally by giving him

legal advice. A step by step process of client counselling may be as follows:

a) Introduction with the client:

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 In client counselling it is very much necessary for a lawyer to maintain a strong

professional relationship with a client. A Strong professional relationship is built on trust,

comfort, and effective communication skills. The first session of a lawyer with his clients

must be effective to attract them for future also; because once a client gets satisfied with

the counselling of a lawyer he would come again to counsel and would give his reference

to others also. Tips for the first step in client counselling:

i) Welcome with a friendly smile and greetings.

ii) A client gets mentally tensed because of the problems he is facing so it is very much

necessary for him to have a friendly talk with a client. A friendly greeting and some

short of small talk can help a client to talk with a lawyer frankly and to present a

problem clearly which he is suffering from. The friendly talk would include the

following:

i. Please be seated

ii. Whether you have found difficulty to reach here?

iii. Are you feeling comfortable?

iv. Would you like to drink water?

A lawyer should move to the reason of a client’s visit to him. Here the following steps

may be followed:

i) Ask the client to explain everything: the reasons for seeing a lawyer.

ii) Make a file for each client and take note in bullet points.

iii) Do not laugh or get irritated if the client shows his/her emotions.

b) Legal analysis of the problem

i) The Lawyer has to analyse the client’s problem by applying the law at this stage.

ii) He shall take the photocopies of the documents (if any) that he may have brought

with him for showing.

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 iii) Tell him under which body of law his problem may fall: for example, if it is a

property related problem, tell him this is a civil suit; if it is a family problem

especially between husband-wife, tell him this is a family matter; if it is a case of

physical or mental harassment or harm, tell him this may be a criminal case. While

telling this, make sure that the client is not traumatized by thinking that ‘visit to the

lawyer may bring more problem for him now’.

iv) The lawyer must be attentive. There is no need to be an expert in any particular field

of law for this competition. If you are unsure about something, tell the client that

you will research an issue rather than misstating the law. Be frank with the client

regarding the strengths and weaknesses of their case. Lay out the possible routes the

client can take (do not forget about “non-traditional” alternatives such as: contacting

the other party by letter, telephone, or in person; negotiation; mediation; etc.)

v) This stage may also need further questioning of the client depending on the

documents that the later provides. The more time he spends with a client the more

clarity he and a client would get about the case. And as the more clarity a lawyer

would get, he will be able to move further very efficiently and can solve the problem.

The effectiveness of client counselling depends upon his level of experience of his

previous counselling.

vi) The lawyer must also be cautious in dealing with male and female clients. Male

clients may not like to divulge crucial points to women lawyers and female clients

may not like to divulge many things to male lawyers. The lawyer must build the trust

that as patients must tell everything to doctors for effective treatment, clients must

also tell everything to lawyers for effective counselling.

c) Giving Advices:

i) Initial advice- It is important that you:

i. agree with your client the service you will provide

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 ii. discuss whether the outcomes will justify the risk and expense

iii. Explain the process and what will happen - for example, the steps in a

conveyance or the stages in a personal injuries case.

You should tell your client about any complications which commonly occur in the

service they want, and the different ways things could progress. Giving your client an

overview will help them understand the legal process and reassure them things are

progressing normally, rather than assuming you have made a mistake when a new

issue arises.

ii) He may ask the client to take some time to decide whether he would want to file a

suit. Whether the later would finally like to appoint him for court cases.

iii) Generate general timeframes- It's helpful to tell your client when they can expect

completion of the transaction or resolution of the case. They will feel more involved

in the process, reducing the chance of complaints about delay or a lack of

information.

iv) A lawyer needs to guide a client to each and every process of the case. He needs to

state about the legal expenses at every procedure for filing a case. He needs to guide

him at court also. It may be possible that a client is not educated so it is a duty of a

lawyer to guide a client about the rules and regulations of the court and how to

maintain the decorum of the court. He needs to guide about the procedure of filing a

case in a court, how to behave before a judge in courtrooms, what and how they have

to answer to the questions of the judge and of an opposite lawyer in cross-

examination. If a lawyer is presenting a witness in the proceedings in the court then

it is the duty of the lawyer to guide him also that how to deposit statement before the

magistrate.

23
 v) For your client to make an informed decision about whether to proceed, they must

understand the cost implications. You are required to give clear, concise and accurate

information about the likely overall costs. This may include agreeing a fixed fee,

giving a realistic estimate of the overall cost or explaining why costs can’t be fixed

or realistically estimated.

3. Objective

The process of counselling has two objectives:

a) To help the person talk about, explore and understand his or her thoughts and feelings

and workout that what he or she might do before taking action.

b) To help the person decide on his or her own solutions.

4. Personal Observation:

Handling personal and confidential topics, not accepting client’s jargon, not overusing legal

terminology, Precision in obtaining information, Efficiency in obtaining information,

Picking up client’s verbal cues, Not over-repeating of same topics, Clarifying gaps or

confusions, Controlling the client and “irrelevant” information, Facilitating the client to talk,

Not using “leading” or “closed” questions, Not using complex questions, Ease with client,

Empathy with client, Reassurance of client, Time control throughout, Opening closing ease

and control, Giving advice and counselling.

2.2 NOTE TAKING

5. Introduction

An advocate must indulge in live note taking on regular basis. If we are writing while the

client is speaking, we are more likely to capture important detail and be more accurate. Get

in the habit of taking notes in each meeting. Make sure you have gotten every detail you

need. It will reduce the chance of missing critical information.

24
 Make one of the folders you create for each file is “notes”. Each time you take notes, put it

in the file. The notes will be where they belong when you go looking for them. And if you

need to refresh yourself as to where you are on a matter, you can easily review your

chronological notes and the take always on each to see where the matter currently stands.

6. Steps

In note taking procedure shall be followed:

a) Taking Notes

In taking notes one must include-

i) Date and Time. Write down the full date and time of meeting and all the important

events that took place.

ii) Participants. Write down all of the participants in the conversation. If the list

changes in the course of the call, such as someone joining or leaving, make a note

of it. By having the participants written down at the top of the page, you can

easily identify who said what.

iii) Matter. This makes filing and drafting much easier. Briefing of case should be

done. A brief shall include most of the following:

i. Procedural History: the case history, may include who is appealing and why.

ii. Facts: provide a brief summary of the facts of the case.

iv) Extras: you can include sections for dissents and concurrences (which usually

don't matter), important quotations, dicta, info about the case that maybe useful.

Make Yourself a Template Much like a client intake form; you will be reminded to put

the right information down every time. Print pages of your own template and keep them

handy. You can also edit your template to include blank spaces for other information you

want to include in every note.

25
 b) Take Away.

The end of your notes should have an indication of how the event ended and what is that

the client seeks.

7. Objectives of Note Taking-

a) Creates a condensed record.

b) Focus on central themes that really need attention.

c) Increase your comprehension and retention of material through accurate and meaningful

notes.

d) Develop excellent review and reusable resources.

2.3 LEGAL RESEARCH

8. Introduction

Legal research is generally the process of finding an answer to a legal question or checking

for legal precedent that can be cited in a brief or at trial. Virtually every lawsuit, appeal,

criminal case, and legal process in general requires some amount of legal research.

Research is considered to be more objective, methodical, well-determined scientific process

of investigation. Through research, a decision maker can quickly get a summary of the

current scenario, which improves his/her information base for making sound decisions

affecting future operations of organizations. It is useful to accelerate the decision-making

power and it alone can make possible the identification of the determinants.

Legal attorneys may choose traditional ways of conducting legal research or may rely on

legal software to conduct legal research online.

9. Steps for an efficient legal research

26
 Diagram No. 4: Steps in client counseling

10. Objective

Every research has goals and objectives. Research objective are:

a) To test relationship between two or more than two facts or situations.

b) Legal research can help not only in knowing the background of the case but also

provides the way to solve a problem.

c) Learning about already set precedent and judgments in similar cases.

d) Finding essential cases and statues.

e) Understanding certain terms.

f) To locate relevant “authority” that will help in finding a solution to a legal problem or

issue.

27
 g) To analyse the law by reducing, breaking and separating the law into separate elements.

h) To blend the distinct elements of cases and statutes together into coherent or useful legal

standards or general rules.

2.4 LEGAL DRAFTING

11. Introduction

Drafting is a science and can be acquired only by long practice. In simple terms, drafting

refers to the act of writing legal documents. The key feature of drafting is that it presents a

brief knowledge about the significant facts of the situation or issue. Drafting demands a lot

of skills combined with patience from the advocates. A properly drafted document aims at

accuracy and truth. The whole process of drafting should follow three drafts before it is

ready to be presented before the authority. These drafts and their purposes are:-

a) The first draft: - Aims at the comprehensiveness and fullness of the facts.

b) The second draft: - Aims at the improving of the first draft by the correction of the form

and the language by a considerable amount of trimming.

c) The final draft: - As the name suggests, it aims at giving a final touch and the finish up

to make the document authoritative and able to convince.

12. Steps for legal drafting:

13. Before preparing the draft one shall-

a) Determine the type of legal document that is to be prepared. This will dictate both

its format and its content. Basically, there are three basic types of legal documents:

i) Letters such as demand, notice and negotiation letters.

ii) Directives and agreements between the parties.

iii) Pleadings are documents that are meant to be filed with a court. A pleading may be

a complaint, petition, motion, affidavit, brief, etc.

28
 b) Research the legal requirements for that document. Documents such as contracts,

wills, trusts, or any documents filed with a court will have specific requirements based

on your jurisdiction.

c) Find some examples of the type of document you wish to prepare. Find few forms or

examples for the legal document you want to prepare, and use them as a template.

14. The process of drafting is generally governed by 4 principles:

a) Formation of outline in a satisfactory manner

The draft is the skeleton of a document, this statement suggests that the prepared draft

should be elaborate and should address all important issues. In a nutshell, a draft should

be:

i) As detailed as possible

ii) Not be vague

iii) Able to fulfil the consideration of relevancy, content unity, chronology and

coherence.

iv) Such that every paragraph should contain one major point.

b) Emphasis on the arrangement of facts: –

A deep emphasis should be put on the manner in which the facts of the case are

arranged. The facts should be arranged step by step to reflect an organized analysis of

the problem. There must be uniformity and consistency in the presentment of ideas.

c) Style and language: –

Style is an important factor for the transport of ideas. A clear presentation is an essential

requirement for clear thinking. The style should be simple with the most appropriate use

of legal terms that would convey the facts in a precise and simple manner. The language

too should be simple and faultless. Illogical paragraphing, poor punctuation, incorrect

29
 spelling and other such language that virtually render a promising document to be

worthless shall be avoided. Repetitions should be strictly avoided.

d) Physical characteristics: –

The draft should be typed on standard quality paper (20 by 30 cms) with margins of 4

cms. at the top and left side and 2.5 to 4 cms. on the right side and bottom. Other

physical characteristics including:-

i) Numbering of each page, Numbering of preliminaries in Roman Numbers (i, ii, iii)

and Main Text in Arabic (1, 2, 3 etc.), Number of pages should appear in the upper

right corner 2.5 cms., from the top and side, The body of the document to be double

spaced normally, Each paragraph should be intended 5 spaces and every paragraph

should be pondered.

15. Personal observation: While preparing a legal draft:

a) Remember Your Audience

Every word while drafting a document should be tailored as to the needs of the reader.

b) Organize Your Writing

Organization is the key to successful legal writing. Create a roadmap for your writing by

using visual clues to guide the reader. Introduce your subject in an introductory

paragraph, use transitional phrases (“moreover, “furthermore,” “however,” “in

addition,” etc.) between each paragraph, introduce each paragraph with a topic sentence

and use headings and subheadings to break up blocks of text. Limit each paragraph to

one topic and sum up your message with a concluding sentence or paragraph.

c) Ditch the Legalese

30
 Legalese - specialized legal phrases and jargon - can make your writing abstract, stilted

and archaic. Ditch unnecessary legalese and other jargon in favour of the clear and

simple.

d) Be concise

One should omit extraneous words, shorten complex sentences, eliminate redundancies

and keep it simple.

e) Use Action Words

Action words make your legal prose more powerful, dynamic, and vivid. Add punch to

your writing with verbs that bring your prose to life. It’s not just marketing hype most

legal writing needs to end with a discernible call to action

f) Have a Defined Point

After you have produced your document, make sure you go back and check it; if

anything you have written is not necessary to make your point/s – then take it out.

g) Avoid Passive Voice

Passive voice disguises responsibility for an act by eliminating the subject of the verb.

Thus one must stick to active voice as long as possible.

h) Length of the draft

Edit your writing ruthlessly, omitting unnecessary words and rewriting for clarity.

2.5 FILE PREPARING

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 16. File preparation is a crucial part that an advocate does. File preparation is done to keep one’s

cases organized so that managing activities and deadlines became more efficiently, also time

is not wasted looking for things. In a file for a case, it must include-

a) File cover with complete details filled

b) Case information format completely filled

c) Index

d) Memo of parties with passport size photograph of Party

e) Court fees

f) Petition

g) Attested affidavit of parties

h) List of documents

i) ID Proof of party with same address as mentioned in memo of parties

j) Vakalatnama

One may also keep an extra set of petition in file.

2.6 ACCOUNT SETTLING

17. A lawyer accepts a brief; he takes a sum of money when he signs the vakalatnama. Then

there are days when the matter comes up in the court for hearing, for each hearing date, or

for each appearance he makes in the court he again charges a fee. However, a lawyer may

charge a lump sum per matter, which is given by the party/client even before the case is filed

in the court. Charging fee is depends on three factors namely-

a) Social and knowledge status of the advocate as well as clients.

b) Volume of work involved.

c) Monetary value of benefits clients gets at the end of case.

18. Bar Council rules regarding account settling by a lawyer with his client:

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 a) An advocate is bound to accept any brief in the courts or tribunals or before any other

authority in or before which he proposes to practise. He should levy fees which is at par

with the fees collected by fellow advocates of his standing at the Bar and the nature of

the case. Special circumstances may justify his refusal to accept a particular brief.

b) An advocate should not charge for his services depending on the success of the matter

undertaken. He also shall not charge for his services as a percentage of the amount or

property received after the success of the matter.

c) Where any amount is received or given to him on behalf of his client, the advocate must

without any delay intimate the client of the fact of such receipt.

d) An advocate should mention in his accounts whether any money received by him from

the client are on account of fees or expenses during the course of any proceeding or

opinion. He shall not divert any part of the amounts received for expenses as fees

without written instruction from the client.

e) An advocate should always keep accounts of the clients’ money entrusted to him. The

accounts should show the amounts received from the client or on his behalf. The account

should show along with the expenses incurred for him and the deductions made on

account of fees with respective dates and all other necessary particulars.

f) An advocate must provide the client with the copy of the client’s account maintained by

him on demand, provided that the necessary copying charge is paid.

g) An advocate shall after the termination of proceedings, be at liberty to adjust the fees

due to him from the account of the client. The balance in the account can be the amount

paid by the client or an amount that has come in that proceeding. Any amount left after

the deduction of the fees and expenses from the account must be returned to the client.

19. Schedule II of Supreme Court Rules, lays down the fees payable to advocates.

2.7 COURT FEES

33
20. The system of payment of Court fee for Supreme Court is set out in the Third Schedule to

the Rules.

21. Court Fees Payable

The schedule III elucidates that, No Court fee shall be payable on the following cases:

a) References, but fees in relation to ‘Part-III Miscellaneous’ shall be charged.

b) Criminal cases (SLPs/Appeals/WPs/TPs (etc.)

c) Cases filed by Supreme Court Legal Services Committee

d) Cases filed by indigent persons.

e) Contempt Petitions filed under the Rules to Regulate Proceedings for Contempt of the

Supreme Court, 1975.

22. Generally, court fee for original and appellant is as follow:

Nature of case Court fees

Filing and registering plaint 2500

Filing and registering written statement 500

Filing and registering set-off or counter-claim 500

Reply to a counter-claim 500

Petitions under Article 32 of the Constitution other than petitions for 500

habeas corpus and petitions arising out of criminal proceedings

Petition for special leave to appeal other than petitions for which Court 1,500
[At the
fee has been distinctly prescribed in entry 2 below. time of
institution]
Petition for special leave to appeal in the matters falling in any of 5000

subject categories mentioned in Part IV of this Schedule

34
Lodging and registering petition of appeal/SLP at after notice 1500

stage/other than the matters for which Court Fee has been distinctly

prescribed in entry 4 below

Where the amount or value of the subject-matter in dispute does not

exceed Rs. 50,000.

Lodging and Registering of appeal/SLP at ‘after notice’ stage/in the

matters falling in any of subject categories mentioned in Part IV of this

5000
Schedule where – 1000
1000
(i) value of the subject matter in dispute does not exceed Rupees one

lakh.

(ii) for every Rs. 50,000 or part thereof in excess of Rs. 1,00,000 till

the value reaches Rs. 20,00,000

(iii) for every Rs. 1,00,000 or part thereof in excess of Rs. 20,00,000

Lodging of caveat 500

Application for review of judgment or order of Court The same

fee as was
paid on the
original
proceeding
Curative Petition The same
fee as was
paid on the
original
proceeding
Petition of Appeal under Consumer Protection Act, 1986 5000

(i) Transfer petitions other than the petitions arising out of Matrimonial 2,500 per
matter to
Disputes be
transferred.
(ii) Transfer Petitions arising out of Matrimonial Disputes 500 per
matter to
be
transferred.

Election Petition under Order XLVI of these Rules 20,000

along with
security
35
 deposit of
5000
Appeal under Section 38 of the Advocates Act, 1961 5000

Appeal under Section 116A of the Representation of the Peoples Act, 20,000

1951

Table No. 3: Court fees

23. Mode of Payment of Court Fees

The Act has empowered the Supreme Court to formulate rules for to collect fee for costs of

processes and such other matters specified under the Supreme Court Rules.

2.8 RELATION WITH SUPPORT STAFF

a) A good relation between an advocate and support staff can be really helpful for getting

one’s job. At a particular court, support staff can be-

a) Registrar:

It includes additional, assistant, deputy registrar. They perform various significant

functions in court and also for filling cases. A good relation with Registrar can be very

beneficial for an advocate.

b) Dealing assistant:

S/he perform its duty in filing of a case, all the cases are initially presented before

dealing assistant.

c) Court master:

Assistant to court files of the cases being heard in the court and prompts the judge with

the various cases and other documents

d) Steno of the Honorable judge:

36
 Stenographer sits on a slightly raised platform under the judge. He maintains the

verbatim written record of what was being said during the trail. The main reason why a

written account is kept of the proceedings is to assist the parties if they wish to appeal

the judge's decision at a later stage. After the trial has ended, the stenographer will

transcribe everything that has been recorded into "transcripts", which can be made

available to all the parties in the case and the judge.

e) Typist:

They type each and everything going on in the court room.

f) Naibcourt:

He maintains the attendance register for the witnesses and the accused and assists the

reader with the maintenance of case file. Even the case properties and other registers

maintained in the court by the different judicial officers. He also calls the witness or

accused inside the court room when asked by the judge.

g) Branch Officer:

S/he performs numerous administrative functions in Supreme Court. Moreover, it has

massive supervisory power over functioning of court.

Chapter III

FILIING A CASE & COURT PROCEDURES

37
 One shall file a case himself or through an advocate if he believes that he have been injured or

wronged by someone, individual; corporation or government agency and that he should be

compensated for the harm you have suffered. Filing a case is a big undertaking and has

consequences. One must take the time and analyze whether you have a good case and a chance

of winning. Figure out whether there might be a way to resolve your dispute without suing.

And if you decide to sue, take the time to plan your case and gather the information; decide

who to sue, decide where to sue. Filing a case means to claim a right suing a person or before a

court. In case you have subjected to an unfair treatment the court shall deliver your right after

they tried the case.

3.1 FILIING A CASE AND PROCEDURES

1. Filing of a case

A case in supreme court maybe filed via online or offline mode. General rules applicable for

filing a case by either mode is as following-

o Case, interlocutory application, miscellaneous application or other documents shall

be presented by the party in-person or by his duly authorised agent or by his

advocate-on-record at the Filing Counter during working hours and shall, wherever

necessary, be accompanied by the documents required under the Rules.

o Appeal, petition or other proceeding by a minor shall be instituted or defended in his

name by his next friend or guardian, as the case may be.

o Party, adjudged as an indigent person in the courts below, may present the document

before the Judicial authority of the place where he resides, and the said Judicial

authority, after attesting the document and endorsing under his seal and signature the

date of presentation, shall transmit the same to the Court by Registered Post

Acknowledgement Due at the expense of the party concerned. The date of

38
 endorsement by the Judicial authority shall be taken as the date of filing in this

Court.

2. Procedure for filed

a) Procedure for filing through offline mode.

Procedure for filing through offline mode is completed in V stages. Which are-

Stage One: Every main case, except otherwise provided, shall be presented to a dealing

Assistant at the Filing Counter

Stage Two: On receipt of the case, the Assistant shall enter in the computer details of the

case, if any, out of which the main case has arisen.

Stage Three: After receipt of a main case, the scrutiny Assistant shall scrutinize the case

Stage Four: On receipt of the case from the scrutiny Assistant, the Branch Officer or any

other superior officer shall make verification/confirmation of scrutiny of the main case

Stage Five: Consequent upon registration of a main case, all papers and documents forming

part of the case file shall be scanned/digitized.

b) Procedure for filing through online mode.

A case presented through eFiling is be treated as a case lodged in the Court.

Any party or advocate on-record may file a case through eFiling by accessing

www.sci.gov.in.

o A case can be filed by paying prescribed court fee and printing charges @ Re. 1.50

per page.

o No additional court fee or processing fee is required to be paid for eFiling.

o A password be given to every advocate on-record by the Registry.

39
 o A party in-person is required to submit proof of his identity, such as Aadhar Card,

Ration Card, PAN Card, Identity Card or Voter Identity Card by scanning the

document.

o The text of the case as also application, affidavit in opposition, caveat or additional

documents can be typed on the computer, whereas documents, including affidavits

and vakalatnamas, shall be scanned.

o A party shall convert the text and scanned documents into PDF/A file and upload the

same on the server.

o A unique reference number be given to every user for each case.

o A case filed through eFiling be scrutinized at the Filing Section in order to ensure

that it is in conformity with the Rules and practice of the Court.

o The defect(s), if any, and the Diary number allotted to the case be communicated to

the party in-person or advocate on-record, as the case may be, through eMail and he

may remove the defect(s) by accessing his case using the Diary number through re-

filing option available in the eFiling Menu.

o The notice of hearing to the party in-person, office report and communications to the

party shall be sent through eMail on the eMail I.D. furnished by him.

3. Forms of Court procedure

There are several forms that are used during court procedures such as:

a) Memorandum of Appearance

Memo of Appearance is a formal notification by an attorney to a court and to other

parties involved in a case, that he or she represents one or more parties to the case.

b) Process Fee

40
 Process fee is also known PF/RC. Process Fee is to be paid by petitioner, as a fee, to

court required for serving the opposite parties involved in the case. Subsequent to

payment of process fee only notice is sent by court to the opposite party involved in the

case.

c) Bail Bond

Bail is a process by which one pays an amount of money, to obtain release from police

custody. As part of release, one promises to appear in court for all of scheduled

proceedings. If he shows up to court as promised, the bail amount will be returned.

Generally the court will have a bail hearing to decide whether to grant bail and, if so,

what amount for bail is appropriate. The court will have a bail hearing, during which it

will consider facts like physical and mental condition, financial resources, family ties,

history relating to drug and alcohol abuse, any criminal history, previous record

concerning appearance at court proceedings and length of residence in the community.

Once a court has set the amount of your bail, that amount, or a specified percentage,

must be “posted,” or paid to the court. Generally you can pay in cash or an approved

cash substitute, such as a money order or cashier's check. Once you’ve posted bail, the

court will issue a document or an order that shows you may be released.

d) Application of Certified Copy

An application of Certified Copy is filed for obtaining the final order of court, from the

court having the seal and stamp of court on it. It is useful, in case of Appeal or in case of

execution of the order.

4. Filing before a relevant Court

41
 It is important that the case is filed in right court, as to where its jurisdiction lies. And for the

Supreme Court of Judicature shall have ordinary original or appellant jurisdiction in respect

of all such persons within the Provinces of the India.

5. Cause List

The Cause lists are schedule of cases to be heard by the courts on the following day(s).

Every court has a cause list for each working day. The Cause lists give details such as the

Court Number, the bench dealing with the cases and the case details like case number,

petitioner/respondent, respective advocates, etc.

The cause list of a Court is not so long that the Presiding Officer consumes a substantial

amount of time in adjourning matters and simultaneously it is not even that small that the

Presiding Officer remains in the Court without work. Thus, the cause list is enough to keep

the Presiding Officer busy during working hours and enables him to give his personal

attention to each and every case. The Cause List is made keeping in mind that no witness

goes unexamined due to a heavy workload. Thus, the Presiding Officer is always vigilant

and conscious about his cause list.

3.2 COURT MANNERS/PROCEDURES

In every profession, there are certain professional ethics that need to be followed by every

person who is into such a profession. Similarly, an advocate has some duties on how to behave

in court with his clients, judge, court and the opponent party and the lawyer. Some of

reasonable conducts of behaviour are mentioned in Chapter II, Part VI of the Bar Council of

India Rules. These rules have been placed there under section 49(1)(c) of the Advocates Act,

1961.

6. Advocates duty towards court

a) Act in a dignified manner

42
 b) Respect the court

c) Not communicate in private

d) Refuse to act in an illegal manner towards the opposition

e) Refuse to represent clients who insist on unfair means

f) Appear in proper dress code

g) Refuse to appear in front of relations

h) Not to wear bands or gowns in public places

i) Not represent establishments of which he is a member

j) Not appear in matters of pecuniary interest

k) Not stand as surety for client

7. Advocates duty towards his client

a) Bound to accept briefs

b) Not withdraw from service

c) Not appear in matters where he himself is a witness

d) Full and frank disclosure to client

e) Uphold interest of the client

f) Not suppress material or evidence

g) Not disclose the communications between client and himself

h) An advocate should not be a party to stir up or instigate litigation.

i) An advocate should not act on the instructions of any person other than his client or the

client’s authorized agent.

j) Not charge depending on success of matters

k) Not receive interest in actionable claim

l) Not bid or purchase property arising of legal proceeding

m) Not bid or transfer property arising of legal proceeding

n) Not adjust fees against personal liability

43
 o) An advocate should not misuse or takes advantage of the confidence reposed in him by

his client.

p) Keep proper accounts

q) Divert money from accounts

r) Intimate the client on amounts

s) Adjust fees after termination of proceedings

t) Provide copy of accounts

u) Not appear for opposite parties

8. Advocates duty towards his opponent lawyer

a) Not to negotiate directly with opposing party

b) Carry out legitimate promises made

9. Other than these, there are some behavioural manners personally observed by me during my

internship such as rising when the judge enter the courtroom, Switch off your mobile phone

before entering the court room, Wear clothing that are decent, modest dresses in sober

colours (not gaudy, bright, noisy ornaments, etc.).

3.3 HEARING AND PLEADING

10. Hearing

Hearings are generally formal but there are no strict rules for how the case will be heard.

The judge decides the way to held hearing in a case. The judge usually hears both side and

move forward as per law deems fit.

Usually both the parties prepare their course of action before the hearing so as to ensure

thing go right during the hearing. Specially, when the evidence is to be recorded in hearing,

lawyers even prepare with the clients as to what they are supposed to do during hearing

At the end of the hearing the judge will say what the outcome of the case will be. This is

called giving the judgment. The judge has to give reasons why they have decided on the

44
 outcome. The judge can also make an order. They are legally binding and are recorded in the

Register. If you have an order in your favour, you might find it easy to get benefit in the

future.

11. Pleading

A legal pleading is a document drafted and filed with the court. A pleading is a formal

written statement of a party's claims or defence to another party's claims in a civil action.

The parties' pleadings in a case define the issues to be adjudicated in the action.

The most obvious and fundamental point about pleading is that you must first analyse both

the facts and the law. Pleading is thus basically based on legal research, so for a worthy

pleading one must do an upright legal research. You must identify what cause or causes of

action you rely upon; what the elements of that cause or those causes of action are; what

evidence you have to prove each of those elements, and finally, what relief you seek. In

identifying the material facts, do not overlook that the most material fact of all is the legal

identity of the correct defendant and the identity of all of the necessary parties.

Also bear steadily in mind that when you first go to draw a pleading you may not have

enough facts at your disposal to do so. Having identified the legal elements of the cause of

action that are required for the relief that your client seeks, you will have created a checklist,

and shortcomings in that list will send you back to the client and to other witnesses, or to

available documentary evidence in order to fill in the gaps. Remember though that it is

unethical to plead facts that are not presently at your disposal.

3.4 ACTION BY THE COURT

Supreme court of India can take a wide range of action in a case; such actions are endorsed by

judges in court. The supreme court judges have power to take actions like adjuring the court,

passing an order, holding a person for contempt etc.

45
 Apex Court, after the case has been heard, shall pronounce judgment in open Court, either at

once or on some future day, of which due notice shall be given to the parties or their

advocates on-record, and the decree or order shall be drawn up in accordance therewith.

provisions relating to review contained in Order XLVII of the Rules, a judgment pronounced

by the Court or by a majority of the Court or by a dissenting Judge in open Court shall not

afterwards be altered or added to, except for the purpose of correcting a clerical or

arithmetical mistake or an error arising from any accidental slip or omission.

3.5 RECEIVING A COPY OF AN ORDER

A court order is an official proclamation by a judge (or panel of judges) that defines the legal

relationships between the parties to a hearing, a trial, an appeal or other court proceedings.

Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a

case. A court order must be signed by a judge; some jurisdictions may require it to be

notarized.

The content and provisions of a court order depend on the type of proceeding, the phase of the

proceedings in which they are issued, and the procedural and evidentiary rules that govern the

proceedings.

An order can be as simple as setting a date for trial or as complex as restructuring contractual

relationships by and between many corporations in a multi-jurisdictional dispute. It may be a

final order (one that concludes the court action), or an interim order (one during the action).

Most orders are written, and are signed by the judge. Some orders, however, are spoken orally

by the judge in open court, and are only reduced to writing in the transcript of the

proceedings.

12. Procedure for obtaining copy of an order

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A party to a proceeding in the Supreme Court shall be entitled to apply for and receive

certified copies of all pleadings, decrees or orders, documents and deposition of witnesses

made or exhibited in the said proceeding at his expense.

A person, who is not a party to the case, appeal or matter, pending or disposed of, may apply

to the Judge in Chambers in terms of Order VIII, Rule 6(1) read with Order V Rule 2(37) of

the Rules for supply of copies other than orders/judgments, who, on good cause shown, may

allow such person to receive such copies as is or are mentioned in the last preceding clause.

An application for ‘certified copy’ or unauthenticated ‘copy’ may be presented in Form No.

29. No court provides judgment copy unless the same is asked for in writing in proper format

by the litigant. If the order is uploaded in website the party can have a look at it but the print

of the same has no authenticity.

The fee and charges for obtaining certified copy or unauthenticated copy shall be as under:

a) (a) Re.1/- per folio;

b) (b) Rs.5/- for urgent copy;

c) (c) Rs.10/- for certification;

d) (d) Rs. 5/- in case of application made by a third party;

e) (e) Rs. 22/- for postal charges (minimum) in case the request is received by

registered post or eMail;

Taking out official copies of court orders as per today’s procedure is a task in itself. The

process is so cumbersome that there are specialized agents in court to just take out certified

copies. Several orders are passed during the tenure of a case. The only way to know the order

is to either inspect and read it from the court file or apply and get a ‘certified copy’ of the

order. Even the parties to a case are not given copies of the court order without applying for a

‘certified copy’.

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 Typically, the process for a certified copy (“CC”) is as follows -

a) An order is dictated by the judge to a typist, who types it on a computer (typewriters

were used earlier).

b) The order is then printed through a computer and signed by judge.

c) The same is then kept in the case file.

d) Applicant makes an application to Court Registry for CC.

e) Court Registry takes the application to the Judge.

f) Judge approves the application for CC.

g) The application comes back to Registry.

h) Registry initiates photocopy of the order from the court file.

i) The copies come back from photocopy section.

j) The copies are stamped by court seal and signed.

k) Applicant then needs to follow-up and receives the CC after it is ready.

3.6 APPEAL PROCEDURE

The Supreme Court is mainly an appellate court and can entertain appeals both in the Civil

and Criminal matters if certain specified requirements are met with. The appeals may be

filed against the judgment/order of the various High Courts and as well as the Subordinate

Courts.

However, no appeal lies against order of supreme court.

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 Chapter IV

CASE DIARY

A legal case is a dispute between opposing parties resolved by a court, or by some equivalent

legal process. A legal case may be either civil or criminal law. In each legal case there is an

accuser and one or more defendants; also they always have a designation and a unique citation.

A civil case, also known as a lawsuit, begins when a plaintiff files a document called a

complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered

because of the defendant, and requesting a remedy. The remedy sought may be money, an

injunction, which requires the defendant to perform or refrain from performing some action, or

a declaratory judgment, which determines that the plaintiff has certain legal rights. A criminal

case begins when a person suspected of a crime is indicted and charged with the offense by a

government official called a prosecutor or attorney.

Under mentioned are the cases attended by me during the course of my internship.

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 Chapter V

LEARNING SUMMARY

5.1 ACHIEVEMENTS DURING INTERNSHIP

An internship offers chance to learn by doing in a setting supervised by a work-place

professional and has the opportunity to achieve your own learning goals, without the

responsibilities of being a permanent employee. As a college student internship was a great way

for me to achieve work experience in the field of law, however due to spread of pandemic

throughout the world a full-fledged experience could be secure but nevertheless, mt

achievements whilst the internship was such as:

1. Learn about the working in the profession

2. Interacting with superiors

3. Career Exploration

4. Gain confidence

5. Networking and Establishing Mentors and References

6. Resume Enhancements

7. Meet peers with similar interests

8. Learned skills useful in the field such as:

a) Drafted, reviewed, and revised a wide range of legal documents for attorneys

b) Conducted legal research regarding civil, and property issues

c) Created and managed client database to ensure timely case completion

d) Drafted various court documents, invoices and enclosures at attorneys' request.

e) Researched documents and publications for details that would establish evidence.

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 f) Drafted and filed pleadings, motions, client letters, memoranda, and various documents

relating to my representation of assigned clients.

g) Researched legal issues and case law related to each assigned case.

9. Attended law seminars.

5.2 ETHICAL ISSUES OBSERVED

Although advocates are well mannered and follow a proper conduct of behavior, there are times

people don’t behave ethically and professionally. Some ethical issues observed by me during the

course of my internship are:

1. Giving improper advice

2. Non speaking the truth

3. Furnishing false information

5.3 SUGGESTIONS

Our judicial system does need some changes, so as to further administration of justice.

Legal and technical reforms can be made in judicial system such as:

1. Law system should be completely digitized right from the beginning till the end. This

will help in saving a lot of to and fro documentation time.

2. Usually, it takes around 3–5 days to get this CC. In some courts (because of

pendency) it might even take around 30 days to get CC. These orders are nothing but

a publication by a government arm, but the process and method adopted takes us back

to the 18th century.

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