Trials and Appeals, High Court & Supreme Court Cases

The Judicial system of India operates in a hierarchical structure, beginning with the Trial Courts, followed by the Appellate Courts, the 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 the legality of the order. 

Understand Civil and Criminal Trials 

• Civil Trials: 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 applicable.
  • 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 Trials: The jurisdiction of a civil court in India is governed by the Code of Civil Procedure, 1908 (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 at first instance before the issues are settled.
• Criminal Trial: A criminal trial in India is a legal process that begins either through a complaint presented before the concerned court or a charge sheet presented by the police in an FIR.
  • Complaint: In the case of a complaint, the magistrate can order an inquiry or investigation. In some instances, such as domestic violence, the Negotiable Instruments Act (cheque bounce) court itself deals with the matter, and trials are initiated according to 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(s), which is submitted to the local police station. The police then investigate to gather evidence and identify the offender, interrogate them, visit the crime scene, record the statements of witnesses, and analyze forensic evidence (if any). If the investigation reveals sufficient evidence to suggest a person's involvement, the police may arrest the accused under the provisions of the BNSS, subject to the procedural safeguards.
    • Once the investigation is completed, 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 trial court, forming the basis for the trial.
    • The court examines the evidence, takes cognizance of it, 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 against them. Both the prosecution and the defense have an opportunity to present their evidence and arguments before the court, and the judge carefully considers all the evidence, statements, 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 an adversarial system, where the burden of proof is generally on the Prosecution to prove the case against the accused, except in cases where the law presumes guilt, such as POCSO and dowry death. 
  • Jurisdiction of Criminal Trials: The jurisdiction of criminal trials in India is governed by the CrPC/BNSS.
    • There are five types of trials: Sessions Trial, Summon Trial, Warrant Trial, Summary Trial, and Trial in Absentia. Based on the nature of the case, trials are held in a Magistrate's Court or the Court of Sessions.
    • The venue of a trial is also crucial, as it typically takes place in a court with territorial jurisdiction over the location where the offense was committed.
    • In cases where the crime has been committed across different territorial jurisdictions, such as kidnapping, theft, and robbery, they can be tried in any of the relevant 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: The Sessions Court has appellate jurisdiction for matters arising out of any order, civil or criminal, passed by the Magistrate Court situated within its Jurisdiction. It will be the Appellate Authority in those cases. 

High Courts in India 

• Original Jurisdiction: High courts exercise their original jurisdiction in specific matters, such as those designated by the Constitution or state or federal laws. This jurisdiction is used to handle cases that fall outside the purview of trial courts. They also exercise the jurisdiction provided under Articles 226, 227, and other relevant Articles. High Courts have the inherent power to exercise in all Writ matters. 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 and revisions from subordinate courts, review the decisions of such courts, and can either uphold or reverse them or pass such an order as they deem fit. 
  • Civil Matters 
    • First Appeal: Can be filed in the High Court against judgments, decrees, or final orders of subordinate civil courts (District Court) in their original jurisdiction.
    • Second Appeal: Can be filed in the High Court against judgments, decrees, or final orders passed by the Magistrate Courts in their appellate jurisdiction, if the case involves a substantial question of law.
  • Criminal Matters
    • Appeals: Can be filed in the High Court against orders passed by the Sessions Courts in cases where the Sessions Court has been the trial court.
    • Revisions: Can be filed in the High Court in matters where the trial is held in a Magistrate's Court and the appeal has been filed before the Sessions Court.
    • 482 CrPC/528 BNSS: Provides inherent power to the High Courts in criminal matters, where they can even quash the FIRs and set aside the proceedings. 

The Supreme Court of India 

• Original Jurisdiction: This jurisdiction is exclusive to the Supreme Court, allowing it to hear certain cases directly without any prior decision by a subordinate court. 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) under Article 136 in cases where it perceives a gross miscarriage of justice. 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, which allows it to 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 before any court mentioned aforesaid. 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 or a criminal case, or any other matter, 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, safeguarding and defending clients' interests with dedication.  
• Representation Before Court: Representing clients in courtroom proceedings, whether it is a trial, review, revision, or appeal, or a writ, PIL, SLP, or any other proceeding. Examination of witnesses in trials, presenting arguments, and ensuring procedural fairness. In appellate courts, we handle revisions and appeals, arguing cases to seek justice through meticulous legal strategy and practical advocacy skills. The expertise encompasses presenting writ petitions in the High Court and writs and Special Leave Petitions in the Supreme Court, to set legal precedents and secure favorable outcomes.
• Throughout Support: We serve as crucial allies, navigating the legal system to protect your rights and achieve your legal objectives.

Conclusion

We have a team of experienced and seasoned lawyers who are well-versed in handling a wide range of legal matters, including civil, criminal, and those related to specialized areas of law. The expertise extends beyond representing clients before the Trial Courts; we are also experienced in preparing and presenting cases before the Hon'ble High Courts and the Supreme Court of India. To know more, contact us.