Tips and tricks to solve court cases

Tips and tricks to solve court cases

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Tips and tricks to solve court cases
Tips and tricks to solve court cases

Introduction

Justice Delayed is Justice Denied. In India, the number of cases is pending and is increasing day by day. Case delay because of the absence of judges, the advocates do not want to work, or they keep taking adjournments. It increases the burden on the judiciary to dispose of the cases. But some provisions exist in law through which we can solve the dispute quickly.

Foremost, we need to see whether the case is civil or criminal because, in both disputes, there are provisions stated in both the laws through which the argument can end at the very beginning.

Given below are some tricks through which we can not only save ourselves from tedious trial proceedings but also get speedy remedies:

Section 482 of Criminal Procedure Code, 1973

  • Saving of inherent powers of the High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
  • A person can file a petition for quashing of F.I.R. against him in the High Court of the concerned state. 
  • The Hon’ble High Court has inherent powers to quash an F.I.R.
  •  

F.I.R. quashing U/S 482 of Cr.P.C.

  • No cognizable offense made or 
  • Filed in exchange for revenge or 
  • Is absolutely in violation of law or 
  • The wrong F.I.R. was filed against the aggrieved person.

In the above cases, the whole F.I.R. is quashed if it clears the High Court that the plaintiff has filed a false suit against the person. 

Benefits of quashing of F.I.R.

  • The entire case is closed at once.
  • No rigorous police investigation.
  • No long trial court proceedings.
  • Save innocent people from getting harassed by police officials.
  • It saved time for both parties and the court.

That is why whenever there is an F.I.R. registered against any person, then move the first application U/S 482 of Cr.P.C. in the Hon’ble High Court. 

Order VII Rule 11 of Civil Procedure Code, 1908

An application under Order VII Rule 11 moved to the Hon’ble Court in the following cases:

  • There is no cause of action arising out of the suit filed.
  • They have not paid proper stamp duty.
  • Someone legally barred the person who has sued from doing the same.
  • Undervaluation of relief claimed.
  • They do not file the complaint in duplicate.
  • The complaint cannot comply with Order VII, Rule 9.

If the opposite party against whom the suit they filed proves any of the above points, then the Hon’ble Court immediately allows application under Order VII Rule 11. The complainant’s entire case gets dismissed. It saves time from tedious trial proceedings.

Always do your research

When F.I.R. filed against 3-4 people and the Hon’ble Court gave bail to one accused, then when the other accused applied for bail, it saves them time as they do not have to present their case from the start. They have to show the order given by the Court in the bail application of the accused released on bail. 

Appoint Specialized Advocate

Always try to find a specialized advocate. The advocate practicing in a particular field knows how to solve that case quickly. It uses tricks and judgments through which the process does not go on for a long duration and gets settled quickly.

Writ jurisdiction 

  • In civil matters or service summons, if the Court resolved the same dispute beforehand, the aggrieved person can attach the copy of the previous order passed by the Hon’ble Court as an annexure and convey the same to the Court to provide the same relief.
  • If the aggrieved person feels that time has passed since the case is pending, he can get relief by availing the writ jurisdiction under Articles 32 & 226 in the Supreme Court & High Court, respectively.

The Hon’ble Court may direct its subordinate court to decide the cases quickly.

In 2018, the Asian Resurfacing landmark judgment, the Hon’ble Supreme Court, had directed that in all pending cases, where a stay against proceedings of a civil or criminal trial is operating, the same will expire after six months, unless it extends such stay by speaking order.

 Settlement between Parties 

  • Alternate Dispute Resolutions, i.e. ADRs, are famous for settling disputes occurring between parties.
  • ADRs like arbitration, conciliation, negotiation, or mediation are on trend.
  • These ADRs help to reduce the massive number of cases through a settlement between the parties outside the Court.
  • When a settlement happens in a civil dispute, then present a settlement deed to the Court, which quickly finishes the case.
  • Settlement in criminal disputes can happen if the crime committed is not an offense for society at large. We can do settlement in case of personal conflict.

Gian Singh Vs. State of Punjab is a landmark judgment for quashing F.I.R. when the parties settled.

The time limit for filing a case 

  • Every law enacted states the time limit in which the case should decide. For example, Section 12(5) of The Protection of Women from Domestic Violence Act, 2005 says that it should dispose of a domestic violence case within sixty days.
  • Unfortunately, this does not happen. Cases run beyond the stipulated time limit.
  • The aggrieved party mentioning the delay in proceedings can apply by quoting a relevant section of the act. When the application goes on record, the Learned Judge may get under pressure to dispose of the case urgently.

Self-awareness about the case and lawyer

If you are a party to a case, always follow the below steps:

  • You should frequently approach your advocate and stay updated regarding the case.
  • An advocate does not have only one case but several cases, so if you are staying in contact, this will help at the disposal of the problem faster.
  • Always ask your advocate for the current status of your case. It will impose a responsibility on the advocate regarding the dispute. He will work harder.
  • You can also track the status of your case through the online application of the Court.
  • Adjournment is a common practice for many advocates to delay the case. You, as a client, may attend the Court on the date of the hearing, which will make the advocate more attentive. He will not let the other advocate take unnecessary adjournments.

Conclusion

Every person wishes for a right to a speedy trial, and refusal of timely justice leads to no justice. The pendency of cases for an extended time defeats the entire idea of justice. People lose confidence in the judiciary. 

Some cases have been pending in the Courts for over ten or maybe 20 years. But by using the simple tips and tricks mentioned above, any aggrieved party can try to dispose of their case quickly.

If doubts still persist, contact our Legal Experts at

https://www.aapkaconsultant.com/legal-opinion-legal-shots

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