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Assistance in Courtroom Proceedings
Courtroom Proceedings
- Proceedings in Civil Litigation: Conflicts among private parties, which can be companies, organizations, or individuals. Commonly, civil cases involve compliance and non-compliance with agreements and contracts, the recovery of money, property disputes such as mutation, claims of title, partition, possession, eviction, and claims for damages, among others.
- Proceedings in Criminal Litigation: Involves the prosecution of an individual or entity for offenses or omissions against the laws. Criminal cases cover a broad spectrum of offences, ranging from minor panlties to stringent imprisonment.
- Proceedings in Litigation under Special Laws: These pertain to cases governed by special laws, such as the POCSO, NDPS, PC, FEMA, PMLA, ED, FSSAI, NI, and many more. Though there are special laws in civil matters, they are tried similarly to other suits tried under the CPC. But the crimes under specific special laws are treated with the principle of ‘Presumption of Law’, where the burden is always on the defense to disprove the charges. These proceedings are somehow different from regular criminal matters.
- Writ Proceedings: The exclusive power to exercise the jurisdiction for Writ petitions is with the High Courts and the Supreme Court only. These are the special proceedings generally initiated against government bodies, administration, and specific categories of orders passed by the trial or appellate courts. This is a formal written order to direct individuals, lower courts, or any government body to perform or avoid a specific action.
- Public Interest Litigations: This involves filing a petition before a High Court or Supreme Court to seek relief in matters of public welfare. PILs aim to protect the interests of the public concerning issues such as environmental protection, violation of human rights, etc.
- Special Leave Petitions: A legal procedure involves filing a petition with the Apex Court, which allows an individual or organization to seek special authorization to appeal against a judgment passed by a High Court, except in cases involving military tribunals.
Assistance
- Here, assistance refers to legal assistance, which means that if you are a practicing lawyer and someone who represents clients in the courts, whichever court it may be, we assist you with all the guidance and expertise we possess in the legal arena to deal with the courtroom proceedings more effectively and proficiently.
- Assist in drafting and pleading, preparing for the court, guiding at every stage of trial and post-trial proceedings, and even for the proceedings before the High Courts and the Apex Court.
How We Assist?
- Civil Litigation: Help with drafting pleadings such as plaints (suits), written statements, replications, rejoinders, interim applications and replies, affidavits, additional affidavits, and documents that are related to civil proceedings, the preparation of witnesses for chief examination, cross-examination, and re-examination (if any). Take meticulous notes of current court hearings, such as witness depositions and arguments made by opposing counsel, to advise and follow up with necessary actions.
- Criminal Litigation: Assessing the entire charge sheet including FIR, statement of witnesses, documentary evidence, enclosures, and expert evidence like MLC report in assault cases, PMR and FSL report in murder or death cases, Medical and DNA report in rape and relevant cases, electronic and expert evidence in fraud and relevant cases, and the other evidence present. In a criminal case, cross-examination of witnesses is crucial for the defense, and can assist you with the expertise in preparing cross-examinations and analyzing documents and evidence. Also, assist in drafting bail applications, legal documents, and appeals for post-trial support (if required).
- Litigation under Special Laws: Assistance in probate, family law, administrative law, bankruptcy law, juvenile proceedings, POCSO, PC Act, NDPS, FEMA, PMLA, ED cases, FSSA, NI Act, etc. The support of legal professionals encompasses all aspects mentioned above, including civil and criminal proceedings.
- Writs: Assist in drafting and submitting writs. These petitions address violations of fundamental rights or legal errors committed by subordinate courts. Prepare all types of writs- habeas corpus, mandamus, certiorari, prohibition, and quo warranto- by ensuring that they meet with procedural ends and clearly state the legal basis for relief.
- Public Interest Litigations: This requires immense support from professionals. Assist in drafting PILs and ensure they represent the public interest, facts, legal provisions, and constitutional rights. Also, coordinate with witnesses and experts for testimony or affidavits.
- Special Leave Petitions: Assist with SLPs that seek the Apex court’s interference in court decisions. Highlight the legal errors or violations of justice in lower court judgments. Extensive research on constitutional provisions that justify the need for the Apex Court to hear and admit your case. Ensure strict compliance with procedural requirements and evidence.
Conclusion
The court proceedings require profound preparations and experience to achieve positive outcomes. Lex Partem offers comprehensive support throughout the process, from ensuring the legal guidance and advice to navigating the intricacies of the courts. To know more,
contact us.