Civil & Criminal Proceedings in brief

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Civil & Criminal Proceedings in brief

Post by Admin on Sat Jan 26, 2008 9:47 pm

Criminal Case
Pre-trial stage
FIR in cognizable offence
Information in non-cognizable offence
Complaint in cognizable and non-cognizable offence
Reporting to the Magistrate
Taking into cognizance and the procedure of such taking including transfer to the appropriate court
Investigation and maintaining a case diary
Police report (Final report/Charge sheet)
Narazi petition

At the time of taking cognizance the Magistrate may grant remand or otherwise do the followings-
Issue of process i.e. summon, warrant, search warrant, proclamation of arrest
Order to accept FIR
Order to conduct an inquiry or investigation
Transfer to an appropriate Court either on application of by own motion
Return the complaint for presentation to the proper court
May dismiss the complaint after considering the statement on oath

Trial stage
i. Trial in Magistrate Court
ii. Trial in Session Court

i. Trial in Magistrate Court-
Regular trial-
Pre-trial hearing/discharge
Framing of charges
Plea and convictions
Hearing/taking of evidence (Examination in chief, cross examination and re-examination)
Acquittal
Sentence and transfer for sentence

ii. Trial in Sessions Court
Opening of the prosecution case
Pre-trial hearing/discharge before framing of charge
Framing of charge
Plea and conviction
Prosecution evidence: examination in chief and cross examination
Acquittal on the basis of prosecution evidence
Defence evidence: examination in chief and cross examination
Summing up/ Closing of the prosecution and defence case
Judgment of acquittal and conviction

Post trial stage
In respect of ordinary rational being convicted
In respect of a lunatic
In respect of a child
In respect of a pregnant women
Others (Appeal, Revision etc)

In respect of ordinary rational being-
Every judgment shall be passed in the form of a warrant to the jailor where the prisoner is confined
In death penalty, it shall be submitted to the HCD for its confirmation
If sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead
If acquittal, the Court shall state the offence and direct to set him free
The court shall state the reasons behind the judgment

In respect of a lunatic-
If a person is of unsound mind and incapable of making his defence, the court shall postpone the proceedings
Send the person to a surgeon for examination
May grant bail
If bail is not granted, may order to put him in safe custody in a lunatic asylum
The court may resume the trial if the person is capable of making his defence
If the offence is committed by a lunatic, the court shall detain him in custody
If he is capable of making his defence, the court shall proceed with the matter

In respect of a child
If the convicted is under 15, the court shall order him to be confined in any reformatory established by the Govt. or in any training centre.
The Children Act, 1974 and the Probation Act, 1861 shall be followed in this respect.
In a non-bailable offence, bail may be granted if he is below 16
If a child who is below 15 years is convicted, his conviction will be suspended and he will be sent to a probation officer.

In respect of pregnant woman
The HCD shall order the execution of the sentence to be postponed
May commute the sentence to imprisonment for life

Exceptional proceedings of a criminal case-
Bail
Transfer of a criminal case- At any time can transfer
Withdrawal of a criminal case- P.P under the instruction of the Govt., Complainant in compoundable cases.
Appeal, Revision and Reference- Appeal against judgment, Revision against order, Revision in an error of law, appeal in both error of law and fact.

Civil Suit-
Pre-trial stage
Institution of suit/Presentation of plaint
Issue of process (summon)
Service of summon
Return of summon
Filing written statement
Alternative Dispute Resolution
First hearing and examination of the parties by the court
Disposal of the suit at the first hearing
Framing of issues
Section-30 step and settling of date for hearing
Fixation of suits in the daily cause list


Trial stage
i. Opening of the case
ii. Peremptory hearing (PH)/ Further hearing (FH), Examination in chief/ Cross examination/ Re-examination, production of evidence
iii. Summing up/ Closing speech/ Argument

Post trial stage
i. The judgment i.e. Decree and Order
ii. Enforcement and execution of Decree which includes
Application for execution
Hearing of the application
Show cause notice for execution
Procedure after notice
Process of execution
Mode of execution

The plaint shall consist of-
The name of the Court in which the suit is brought
The name, description and place of residence of the Plaintiff
The name, description and place of residence of the defendant
Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect
The facts constituting the cause of action and when it arose
The facts that the Court has jurisdiction
The relief which the plaintiff claims
Where the plaintiff has allowed a set-
A statement of the value of the subject-matter

A Decree shall contain the following particulars-
The number of the suit, the names and descriptions of the parties, particulars of the claim, relief granted or other determination of the suit
Cost payable and how it should be paid
Cost shall be set-off which is admitted or found due
Decree should be signed by the judge
Decree shall bear the date of judgment
A Decree may allow set-off

Application for execution shall contain-
The number of the suit
The names of the parties
The date of the decree
Whether any appeal has been preferred
Payment or other adjustment
The amount with interest or other relief granted
The amount of costs awarded
The name of the person against whom the execution of the decree is sought
The mode in which the assistance of the Court is required
Certified copy of the decree

Mode of execution-
The court shall order the execution of the decree in the following way-
By delivery of any property specified decreed
By attachment and sale or by sale without attachment of any property
By arrest and detention in prison
By appointing a receiver; or
In such other manner as the nature of the relief may require.

Summary trial
In summary trial the Magistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal charge in cases where there is no appeal but they shall enter in such form as the Government may direct the following particulars-
The serial number
The date of the commission of the offence
The date of the report or complaint
The name of the complainant
The name, parentage and residence of the accused
The offence complained of
The plea of the accused and his examination
The finding, and, in the case of conviction, a brief statement of the reasons therefore
The sentence or other final order; and
The date on which the proceedings terminated
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