Trials and Appeals, High Court & Supreme Court Cases

The Judicial system of India operates in a hierarchical structure, beginning with Trial Courts, followed by Appellate Courts, High Courts, and the Supreme Court of India.  

Important Terms  

• Trial: In simple words, a trial is a judicial proceeding where the parties involved in litigation are heard, all the witnesses and evidence presented before the court are examined, and a judgment is delivered based on the merits of the case, supported by the arguments of the parties (advocates of the parties). 
• Review: If there is any error apparent on the face of the judgment, a review application is filed before the Trial Court to rectify that error. 
• Appeal: If any party to the litigation is unsatisfied and aggrieved with the order passed and the judgment delivered by the Trial Court, they can file a petition in the Appellate Court (higher court) for a rehearing and setting aside of the impugned order. 
• Revision: If any party to the litigation is unsatisfied and aggrieved with the Trial Court's order, and if there is no provision of Appeal available in the law, they can file a Revision Petition in the Appellate Court (higher court) seeking similar relief as sought in the case of Appeal, but the scope is limited to legality of the order. 

Understand Civil and Criminal Trials 

• Civil Trial: A civil trial in India is a legal process in which a civil dispute between two parties is resolved through a court of law.
  • The process typically begins with filing a plaint, serving summons, and the parties appearing before the court.
  • The plaint outlines the facts, including claims and the legal basis for the case. In contrast, the defendant responds with a written statement that may include denials and admissions, and may also file counterclaims or set-offs, if applicable.
  • The case then proceeds through the discovery stage, where parties gather information and evidence through interrogatories, document inspections, and witness depositions.
  • If the case does not settle, it proceeds to trial, where a judge delivers a judgment based on the evidence provided.
  • If either party is dissatisfied with the outcome, they can appeal to a higher court or file a review or revision as the case may be.
  • The specific procedures and stages may vary depending on the type of case and jurisdiction, but the overall goal is to provide fair and efficient dispute resolution.
  • Jurisdiction of Civil Trial: The jurisdiction of a civil court in India is governed by the Code of Civil Procedure (CPC). The jurisdiction of a court is crucial, and any decision made without jurisdiction can be questionable, or any decision made by a court lacking jurisdiction is void. The court's jurisdiction is divided into three aspects: territorial, pecuniary, and subject matter.
    • Territorial Jurisdiction: Determined by the location of the immovable property or the defendant's residence, or business.
    • Pecuniary Jurisdiction: Based on the value of the suit, with different courts handling suits of varying amounts.
    • Subject Matter Jurisdiction: Refers to the types of cases that a court is authorized to hear. The court must have jurisdiction to try a suit, and any objection to jurisdiction must be raised in the court of first instance before the issues are settled.
• Criminal Trial: The Criminal trial in India is a legal process that begins either through a complaint presented before the competent court or a charge sheet presented by the police of an FIR.
  • Complaint: In the case of a complaint, the magistrate can order an inquiry or investigation. In certain cases, like domestic violence, the Negotiable Instruments Act (cheque bounce) court itself deals with the matter, and trials are initiated as per the prescribed procedure.
  • FIR (First Information Report): In the case of an FIR, the process begins with the filing of a First Information Report (FIR), a written document containing information about the alleged offense, which is submitted to the local police station. The police then investigate to gather evidence and identify the offender, visit the crime scene, record the statements of witnesses, and analyze forensic evidence (if any). If the investigation reveals enough evidence to suggest a person's involvement, the police may arrest the accused as per the provisions of BNSS, subject to the procedural safeguards.
    • Once the investigation is complete, the police prepare a charge sheet, which includes a detailed account of the evidence gathered, the charges against the accused, and the details of the witnesses. The charge sheet is then submitted to the court, forming the basis for the trial.
    • The court examines the evidence, takes cognizance, and decides on charges to formally bring against the accused. The accused is informed about the charges and has the opportunity to respond, seeking legal representation for defense.
    • During the trial, the prosecution presents witnesses who testify under oath, and the defense counsel cross-examines these witnesses to test the credibility of their statements and challenge the evidence presented. Both the prosecution and the defense have a chance to present their evidence and arguments before the court, and the judge carefully considers all the evidence, arguments, and legal aspects of the case before delivering the final verdict.
    • If any party is dissatisfied with the judgment, they have the right to challenge it by filing an appeal or revision, as the case may be. Higher courts are empowered to review the case to determine if any errors or miscarriages of justice occurred.
    • India follows the adversarial system, where the burden of proof is generally on the Prosecution to prove the case against the accused, excluding the cases of presumption of law, i.e., POCSO, dowry death, etc. 
  • Jurisdiction of Criminal Trial: The jurisdiction of a criminal trial in India is governed by the CrPC/BNSS.
    • There are five types of trials: Sessions Trial, Summon Trial, Warrant Trial, Summary Trial, and in absentia trial. Based on the nature of the case, trials are held in a Magistrate Court or Court of Sessions.
    • The venue of a trial is also crucial, with the trial taking place in a court with territorial jurisdiction over the place where the offense was committed.
    • In cases where the crime has been committed in different territorial jurisdictions, like kidnapping, theft, and robbery, they can be tried in any of the territorial jurisdictions.
    • Ensuring proper jurisdiction and venue is crucial to ensure a fair trial, protect the rights of the accused, and uphold the rule of law.
• Appellate Jurisdiction: Sessions Court is the Appellate Jurisdiction for matters arising out of any order, civil or criminal, passed by the Magistrate Court situated under its Jurisdiction. It will be the First Appellate authority in those cases. 

High Courts in India 

• Original Jurisdiction: High courts exercise their original jurisdiction in certain matters, such as those designated by the Constitution and state or union laws. This jurisdiction is used to handle cases that are not within the purview of lower courts. They exercise these jurisdictions under Article 226, 227, and others as provided in the Constitution of India. High Courts have the inherent power to exercise in all Writ matters. So, it can be concluded that the High Courts have original jurisdiction to entertain Writs, as no lower court has the power to do so. High courts have writ jurisdiction, allowing them to issue writs such as Habeas Corpus, Mandamus, Quo Warranto, Certiorari, and Prohibition to ensure the protection of constitutional rights and the proper functioning of public authorities.
• Appellate Jurisdiction: High courts primarily handle appeals from lower courts, review the decisions of lower courts, and can either uphold or reverse them or pass such an order as they deem fit.
  • For Civil Appeal
    • First Appeal: Can be filed in the High Court against judgments, decrees, or final orders of subordinate civil courts (Sessions Court) in their original jurisdiction.
    • Second Appeal: Can be filed in the High Court against judgments, decrees, or final orders of subordinate civil courts in their appellate jurisdiction if the case involves a substantial question of law.
  • For Criminal Appeal
    • Appeals: Can be filed in the High Court against orders passed by Sessions Courts in cases where the Sessions Court has been the trial court.
    • Revisions: Can be filed in the High Court in such matters, where the trial is held in a magistrate court and the appeal has been filed before the Sessions Court.
    • Writs: Writs can be filed in the High Court against orders of Tribunals and other Forums as the case may be.

The Supreme Court of India 

• Original Jurisdiction: This jurisdiction is exclusive to the Supreme Court and allows it to hear certain cases directly without any prior lower court decision. The Supreme Court has original jurisdiction in matters such as disputes between the government of India and a state or between two or more states. The Supreme Court has the power to issue writs under Article 32 of the Constitution for the enforcement of fundamental rights across India.
• Appellate Jurisdiction: Under this jurisdiction, the Supreme Court hears appeals against orders passed by the High Courts. It can review and modify the decisions of the High Courts, ensuring that the law is applied correctly and consistently. The Supreme Court has the power to grant Special Leave Petitions (SLPs) in cases where it perceives a gross miscarriage of justice.
  
  • Constitutional Matters: Appeals can be made to the Supreme Court if a question of law related to the Constitution of India needs to be decided. A certificate must be granted under Article 134A for such appeals.
  • Civil Matters: Appeals can be made to the Supreme Court if the High Court certifies that the case involves a substantial question of law of general importance, or the High Court deems it fit for the Supreme Court to decide the case.
  • Special Leave Petition: The Supreme Court has discretionary power to grant special leave to appeal against an order passed by the High Court in any matter originally arising from a judgment, decree, determination, sentence, or order passed by any court or tribunal in India under Article 136.
• Advisory Jurisdiction: Under this jurisdiction, the Supreme Court provides advisory opinions on matters of law or fact referred to by the President or any other competent authority. The Supreme Court has advisory jurisdiction under Article 143 of the Constitution, where it can provide opinions on matters of public importance at the request of the President of India. These opinions are not binding but are often influential in shaping the legal landscape.

How Can We Help You?

• Legal Consultation: Online and Offline Consultation on matters to be filed and ongoing litigation. Provide insights into the case, including the merits and demerits, and possible outcomes to guide you about the strength of your legal stand. 
• Drafting and Pleading: Before initiating a litigation, or in an ongoing litigation, whether it is a civil matter, criminal case, or any other, a strong written representation in the court helps in securing your stand. We draft almost everything, ensuring that legal standards are complied with. We draft precise and strong legal documents, ensuring and defending clients' interests with dedication.  
• Representation Before Court: Assigned Advocates play a pivotal role in representing clients in courtroom proceedings, whether it is a trial, review, revision, or appeal, or a writ, PIL, SLP, or any other proceeding. Include examination of witnesses in trials, presenting arguments, and ensuring procedural fairness. In appellate courts, we handle revisions, file appeals, and argue cases to seek justice through meticulous legal strategy and advocacy skills. Our expertise extends to presenting writ petitions in the High Court and writs and Special Leave Petitions in the Supreme Court, aiming to set legal precedents and secure favorable outcomes.
• Throughout Support: Overall, we serve as crucial allies, navigating the legal system to protect your rights and achieve your legal goals.

Conclusion

We have a team of expert and seasoned lawyers and advocates who are well-versed in dealing with all legal matters, whether civil, criminal, or any special law. Our expertise extends beyond representing clients before the Trial Courts; we are also highly skilled in preparing and presenting cases before the Hon’ble High Courts and the Supreme Court of India. To know more, contact us.