Archives

Types of Re-Grants in Karnataka

By Team Legal Helpline India, June 18, 2021

This article sets out the acts which govern the re-grant of lands in Karnataka and also highlights the restrictions on alienation, if applicable, under the said acts.

Evidentiary value of discloser statements

By Team Legal Helpline India, May 20, 2021

When something is discovered as a result of information or statement given by accused in police custody, that statement is known as “Disclosure Statement”. It can be a confessional or not, which depends upon the facts and circumstances of a case. In Indian law, there is no use of word `Disclosure Statement’, but there is a provision introduced in the Indian Evidence Act, 1872 (hereinafter referred as “the Act”), i.e. Section 27, which corresponds with such concept. Section 27 of the Act provides that when any fact is discovered in consequence of information received from a person accused of any offence, in police custody, such information as relates to that fact discovered can be proved (section 27). It is founded on the principle that even though the evidence relating to a confessional or other statements made by a person in police custody is tainted and so inadmissible, if the truth of the information given by him is assured by the discovery of a fact, it may be presumed to be untainted and is therefore declared provable insofar as it distinctly relates to the fact thereby discovered.

Look Out Notice

By Team Legal Helpline India, May 20, 2021

Lookout Notice also known as Lookout Circular (LOC) is a circular letter used by immigration officials to prevent an accused from leaving the country. Lookout Notices or Circular is used in nabbing the wanted people or criminals at the international borders, international airports, maritime areas and Ports etc.
• For an e.g. Central Bureau of Investigation has issued look out notice to the former Finance Minister P. Chidambaram in the INX media case. The Lookout Circulars (LOC)/Notices are issued to trace the absconding criminals.
This type of notice can also be issued to prevent and monitor the entry or exit of persons who may be wanted by the different law enforcement agencies of the country like CBI and Enforcement Directorate.

The basic guidelines (regarding the publication of the LOCs in relation to Indian citizens) are issued by the Ministry of Home Affairs (MHA).
If the immigration officers of a country have Lookout Circular against any absconding offender then the absconding person can be nabbed by the officer. As we randomly listen the news that a particular offender is caught on a particular airport or port.

Please read my article on LOC and like and share.

Regards
ALOK VERMA
Criminal Defense Advocate

bail

By Team Legal Helpline India, November 2, 2020

bail courts

Bail laws in India

By Team Legal Helpline India, November 1, 2020

Bail laws:
Rajmakant Jungi Lal Patel vs Intelligence officer NCB
AIR 1990 sc 71 Para 12-13
Aslam Bhai Desai AIR 1993 sc-1
No person should be deprived of his life or personal liberty except accordingly to the procedure established by law.

Bail walks the thin line between harmonizing the conflicting claims of individual freedom and the interests of justice.

While the objectives of trial and thereby of arrest are of paramount importance to society, the grave consequences of pre-detention trial have a negative impact on the accused person since he/she may be presumed to be innocent in the court of law but subjected to physical and psychological deprivations that jail life carries.

Courts face a dilemma while adjudicating bail matters, best highlighted in the words of Justice N. Talukdar and Justice A Banerjee:

“The Law of Bails, which constitutes an important branch of the procedural law, is not a static one; and in a welfare state, it cannot indeed be so.

It has to dovetail two conflicting demands, namely, on one hand, the requirements of the society for being shielded from the hazards of being exposed to the misadventures of a person alleged to have committed a crime; and, on the other, the fundamental canon of criminal jurisprudence, viz., the presumption of innocence of an accused till he is found guilty.”

Bail has not been defined in the Code of Criminal Procedure per se and is covered under Chapter XXXIII of the Code “Provision as to bail and bonds” under sections 436-439.

Broadly speaking, bail must be granted in the following cases:

If the person so arrested is not accused of committing a non-bailable offence.

If the investigation has not been completed within the time prescribed for the same.

If there are no reasonable grounds which exist to believe or assume that the accused person is guilty of committing a non-bailable offence.

If the trial before the concerned magistrate is not completed before 60 days.

If there are no reasonable grounds to believe that the accused person is guilty after the completion of trial but before the judgment is pronounced.

In case of offences involving the commission of non-bailable offences, the operative term is ‘may be released on bail’ which brings it under the component of higher juridical discretion.

This discretion is again based on multiple factors, mainly the facts and circumstances of each case.

The decision is always expected to be guided by law and the principle that bail is the rule and refusal of it are the exceptions.

Here is a look at some landmark judgments under the law of bail and anticipatory bail before commenting on the direction that the law has taken over the last few years.
BAIL
SANJAY CHANDRA V. CBI
The case brought to the forefront the dilemma of a court hearing bail, being further compounded in cases of economic offences that result in major losses to the exchequer.

The CBI’s contention that witnesses may be influenced by the appellants was disregarded by the Supreme Court on the grounds that seriousness of the offence is not the only rule to guide the discretionary power of the court while granting bail.

The court has to take simultaneous cognizance of the punishment that maybe afforded to the accused person after trial and conviction under the relevant statute, it ruled.

The Supreme Court held that if only the first rule of ‘seriousness of offences’ is taken into account, the constitutional rights of the accused would be severely compromised.

BHARAT SINGH JADEJA V. STATE OF GUJARAT
The Supreme Court established that very cogent and overwhelming circumstances are necessary for an order seeking cancellation of the bail as the trend today is towards granting bail. The reason to back this was the well-settled position that the power to grant bail is not to be exercised as punishment before trial.

The material consideration to be taken into account while evaluating the circumstances to cancel a bail is whether the accused would be readily available for his/her trial and whether he/she is likely to abuse the discretion granted in his/her favour by tampering with evidence, the court ruled.

JOGINDER KUMAR V. STATE OF UP
In this case, the Supreme Court reiterated its position of balancing individual rights and societal rights under the question of arrest and bail.

The apex court established that the concerned authorities need to justify an arrest and not merely arrest in furtherance of the power of arrest bestowed upon them.

It was ruled that no arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.

The court further held that it would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint.

This, besides the reasonable belief both as to the person’s complicity and even so as to the need to effect arrest.
ASLAM BABALAL DESAI V. STATE
OF MAHARASHTRA
The Supreme Court held that once a persons’ liberty has been interfered with with his arrest without a court’s order or a warrant, the investigation must be carried out with utmost urgency and completed within the maximum period allowed under the Criminal Procedure Code.

This would be operative in law by ensuring that if the prosecuting agency fails to show a sense of urgency in the investigation of the case and omits or defaults to file a chargesheet within the time prescribed, the accused would be entitled to be released on bail.
The orders so passed in such circumstances under Section 167 (2) of the Criminal Procedure Code would be deemed to be an order under Section 437 (1) or (2) or of Section 439 (1) of the Criminal Procedure Code.

The rules for cancellation of such bail will continue to operate as established under the Criminal Procedure Code, it was held.

SHAHZAD HASSAN KHAN V. ISHTIAQ
HASAN KHAN
The Supreme Court laid down that when subsequent bail applications are made, after the first bail application has been rejected, such applications should be placed before the same judge who passed the earlier order of refusal.

The reasoning behind the same was to prevent the abuse of the process of the court.

GAMA V. STATE OF UP
In the instant matter, it was laid down that bail may be applied for even after it has been rejected in the first or subsequent instances.

That there is no provision for the operation of constructive res judicata in dealing with bail applications was the view taken by the court.

This is an extremely important position of law which supports individual liberty as compared to the process of the court.

ANTICIPATORY BAIL
Siddharam Satlingappa Mhetre v. State of Maharashtra
This case was a landmark judgment by the Supreme Court on the law of anticipatory bail.

The apex court highlighted the importance of life and liberty as being inalienable constitutional rights the upholding of which was of paramount importance.

It observed that the society has a vital interest in grant or refusal of bail because “every criminal offence is the offence against the state”.

The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society, the court said.

In light of these guiding principles, the Supreme Court laid down ten parameters to be taken into consideration while dealing with anticipatory bail.

GURBAKSH SINGH SIBBIA V. STATE OF PUNJAB
The Supreme Court took a very serious view on anticipatory bail applications by persons belonging to the higher echelons of society in this case.

It was held that the power of the court to grant anticipatory bail u/s 438 of the Criminal Procedure Code must be used “very sparingly and in exceptional cases only”.

The discretion under Section 438 cannot be exercised with regard to offences punishable with death or imprisonment for life unless the court at that very stage is satisfied that such a charge appears to be false or groundless, the apex court ruled. The court further reasoned that bail or anticipatory bail cannot be granted to any person on the basis of his status in society as this would be inequality.

The court’s position in this case was a significant departure from the earlier position on anticipatory bail.

CONCLUSION
The principle of bail and the colossal sanctity of individual liberty as enshrined by the Constitution have been reaffirmed and emphasized by the apex court as well as the high courts.

To compile and recapitulate, the ratio accent of the law would be that while bail is a rule, jail is an exception.

The principles governing the discretion vested with the upholders on the august bench may vary based on the facts and circumstances of each case.

However, the basic underlying consideration remains that liberty of a citizen can be encroached only under due process of law wherein the enforcement agencies are required to assign cogent reasons for need to justify custodial interrogation and sustained detention at a pre-trial stage which is otherwise punitive and against the principles of natural justice.

Further, in view of the reformative theory applied to the principles of punishment, it has always been an approach to balance deterrent and punitive theories vis-à-vis reformation of an accused and to keep them away from hardened criminals in jail which are deemed to be universities of crime.

The broad considerations that may weigh in the minds of the judge while allowing or refusing bail are
The gravity of the offences alleged.

The need for custodial interrogation for lawful pursuit of investigation or for recovery, etc.
The chances of the accused fleeing from justice/trial.

The fear of tampering with prosecution evidence/threatening witnesses.

The criminal antecedents of the accused, if any.

With rising media awareness and human rights activism, there is a constant watch that maintains the equilibrium between the individual liberty on one hand and the interest of the society and victims of crime on the other.

However, one cannot ignore the pressure the media trials create on courts, a fact that does not positively contribute to the rules of equity or justice.

It is imperative that adequate safeguards are built in to avoid abuse in case of high pressure media trials.

VOICE
MajeedMemon
Noted Criminal Lawyer

No encroachment on personal liberty of a citizen in civil society governed by rule of law could be justified unless there are compelling reasons for doing so.

Pre-trial arrest in any case needs to be invariably avoided unless it is specifically found in a given case that interest of justice would suffer if arrest is not made.

However, after arrest by the investigating agency if the arrestee is brought before judicial officer in the matters of bail ,the question which the learned judge from the lowest court to the highest court has to ask himself is not whether I should grant bail or not, but whether I can refuse bail to the applicant.

Unless the judge is satisfied that there are compelling factors to deny bail, liberty of the arrestee has to be resorted and bail be granted.

This is in keeping with the golden principle of “bail is a rule and jail is an exception”.

inShare
– See more at: http://www.witnesslive.in/in-depth/176-bail-law-trends-a-judgments#sthash.y8lCr1f7.dpuf

Bail laws in India

By Team Legal Helpline India, November 1, 2020

Bail laws:
Rajmakant Jungi Lal Patel vs Intelligence officer NCB
AIR 1990 sc 71 Para 12-13
Aslam Bhai Desai AIR 1993 sc-1
No person should be deprived of his life or personal liberty except accordingly to the procedure established by law.

Bail walks the thin line between harmonizing the conflicting claims of individual freedom and the interests of justice.

While the objectives of trial and thereby of arrest are of paramount importance to society, the grave consequences of pre-detention trial have a negative impact on the accused person since he/she may be presumed to be innocent in the court of law but subjected to physical and psychological deprivations that jail life carries.

Courts face a dilemma while adjudicating bail matters, best highlighted in the words of Justice N. Talukdar and Justice A Banerjee:

“The Law of Bails, which constitutes an important branch of the procedural law, is not a static one; and in a welfare state, it cannot indeed be so.

It has to dovetail two conflicting demands, namely, on one hand, the requirements of the society for being shielded from the hazards of being exposed to the misadventures of a person alleged to have committed a crime; and, on the other, the fundamental canon of criminal jurisprudence, viz., the presumption of innocence of an accused till he is found guilty.”

Bail has not been defined in the Code of Criminal Procedure per se and is covered under Chapter XXXIII of the Code “Provision as to bail and bonds” under sections 436-439.

Broadly speaking, bail must be granted in the following cases:

If the person so arrested is not accused of committing a non-bailable offence.

If the investigation has not been completed within the time prescribed for the same.

If there are no reasonable grounds which exist to believe or assume that the accused person is guilty of committing a non-bailable offence.

If the trial before the concerned magistrate is not completed before 60 days.

If there are no reasonable grounds to believe that the accused person is guilty after the completion of trial but before the judgment is pronounced.

In case of offences involving the commission of non-bailable offences, the operative term is ‘may be released on bail’ which brings it under the component of higher juridical discretion.

This discretion is again based on multiple factors, mainly the facts and circumstances of each case.

The decision is always expected to be guided by law and the principle that bail is the rule and refusal of it are the exceptions.

Here is a look at some landmark judgments under the law of bail and anticipatory bail before commenting on the direction that the law has taken over the last few years.
BAIL
SANJAY CHANDRA V. CBI
The case brought to the forefront the dilemma of a court hearing bail, being further compounded in cases of economic offences that result in major losses to the exchequer.

The CBI’s contention that witnesses may be influenced by the appellants was disregarded by the Supreme Court on the grounds that seriousness of the offence is not the only rule to guide the discretionary power of the court while granting bail.

The court has to take simultaneous cognizance of the punishment that maybe afforded to the accused person after trial and conviction under the relevant statute, it ruled.

The Supreme Court held that if only the first rule of ‘seriousness of offences’ is taken into account, the constitutional rights of the accused would be severely compromised.

BHARAT SINGH JADEJA V. STATE OF GUJARAT
The Supreme Court established that very cogent and overwhelming circumstances are necessary for an order seeking cancellation of the bail as the trend today is towards granting bail. The reason to back this was the well-settled position that the power to grant bail is not to be exercised as punishment before trial.

The material consideration to be taken into account while evaluating the circumstances to cancel a bail is whether the accused would be readily available for his/her trial and whether he/she is likely to abuse the discretion granted in his/her favour by tampering with evidence, the court ruled.

JOGINDER KUMAR V. STATE OF UP
In this case, the Supreme Court reiterated its position of balancing individual rights and societal rights under the question of arrest and bail.

The apex court established that the concerned authorities need to justify an arrest and not merely arrest in furtherance of the power of arrest bestowed upon them.

It was ruled that no arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.

The court further held that it would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint.

This, besides the reasonable belief both as to the person’s complicity and even so as to the need to effect arrest.
ASLAM BABALAL DESAI V. STATE
OF MAHARASHTRA
The Supreme Court held that once a persons’ liberty has been interfered with with his arrest without a court’s order or a warrant, the investigation must be carried out with utmost urgency and completed within the maximum period allowed under the Criminal Procedure Code.

This would be operative in law by ensuring that if the prosecuting agency fails to show a sense of urgency in the investigation of the case and omits or defaults to file a chargesheet within the time prescribed, the accused would be entitled to be released on bail.
The orders so passed in such circumstances under Section 167 (2) of the Criminal Procedure Code would be deemed to be an order under Section 437 (1) or (2) or of Section 439 (1) of the Criminal Procedure Code.

The rules for cancellation of such bail will continue to operate as established under the Criminal Procedure Code, it was held.

SHAHZAD HASSAN KHAN V. ISHTIAQ
HASAN KHAN
The Supreme Court laid down that when subsequent bail applications are made, after the first bail application has been rejected, such applications should be placed before the same judge who passed the earlier order of refusal.

The reasoning behind the same was to prevent the abuse of the process of the court.

GAMA V. STATE OF UP
In the instant matter, it was laid down that bail may be applied for even after it has been rejected in the first or subsequent instances.

That there is no provision for the operation of constructive res judicata in dealing with bail applications was the view taken by the court.

This is an extremely important position of law which supports individual liberty as compared to the process of the court.

ANTICIPATORY BAIL
Siddharam Satlingappa Mhetre v. State of Maharashtra
This case was a landmark judgment by the Supreme Court on the law of anticipatory bail.

The apex court highlighted the importance of life and liberty as being inalienable constitutional rights the upholding of which was of paramount importance.

It observed that the society has a vital interest in grant or refusal of bail because “every criminal offence is the offence against the state”.

The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society, the court said.

In light of these guiding principles, the Supreme Court laid down ten parameters to be taken into consideration while dealing with anticipatory bail.

GURBAKSH SINGH SIBBIA V. STATE OF PUNJAB
The Supreme Court took a very serious view on anticipatory bail applications by persons belonging to the higher echelons of society in this case.

It was held that the power of the court to grant anticipatory bail u/s 438 of the Criminal Procedure Code must be used “very sparingly and in exceptional cases only”.

The discretion under Section 438 cannot be exercised with regard to offences punishable with death or imprisonment for life unless the court at that very stage is satisfied that such a charge appears to be false or groundless, the apex court ruled. The court further reasoned that bail or anticipatory bail cannot be granted to any person on the basis of his status in society as this would be inequality.

The court’s position in this case was a significant departure from the earlier position on anticipatory bail.

CONCLUSION
The principle of bail and the colossal sanctity of individual liberty as enshrined by the Constitution have been reaffirmed and emphasized by the apex court as well as the high courts.

To compile and recapitulate, the ratio accent of the law would be that while bail is a rule, jail is an exception.

The principles governing the discretion vested with the upholders on the august bench may vary based on the facts and circumstances of each case.

However, the basic underlying consideration remains that liberty of a citizen can be encroached only under due process of law wherein the enforcement agencies are required to assign cogent reasons for need to justify custodial interrogation and sustained detention at a pre-trial stage which is otherwise punitive and against the principles of natural justice.

Further, in view of the reformative theory applied to the principles of punishment, it has always been an approach to balance deterrent and punitive theories vis-à-vis reformation of an accused and to keep them away from hardened criminals in jail which are deemed to be universities of crime.

The broad considerations that may weigh in the minds of the judge while allowing or refusing bail are
The gravity of the offences alleged.

The need for custodial interrogation for lawful pursuit of investigation or for recovery, etc.
The chances of the accused fleeing from justice/trial.

The fear of tampering with prosecution evidence/threatening witnesses.

The criminal antecedents of the accused, if any.

With rising media awareness and human rights activism, there is a constant watch that maintains the equilibrium between the individual liberty on one hand and the interest of the society and victims of crime on the other.

However, one cannot ignore the pressure the media trials create on courts, a fact that does not positively contribute to the rules of equity or justice.

It is imperative that adequate safeguards are built in to avoid abuse in case of high pressure media trials.

VOICE
MajeedMemon
Noted Criminal Lawyer

No encroachment on personal liberty of a citizen in civil society governed by rule of law could be justified unless there are compelling reasons for doing so.

Pre-trial arrest in any case needs to be invariably avoided unless it is specifically found in a given case that interest of justice would suffer if arrest is not made.

However, after arrest by the investigating agency if the arrestee is brought before judicial officer in the matters of bail ,the question which the learned judge from the lowest court to the highest court has to ask himself is not whether I should grant bail or not, but whether I can refuse bail to the applicant.

Unless the judge is satisfied that there are compelling factors to deny bail, liberty of the arrestee has to be resorted and bail be granted.

This is in keeping with the golden principle of “bail is a rule and jail is an exception”.

inShare
– See more at: http://www.witnesslive.in/in-depth/176-bail-law-trends-a-judgments#sthash.y8lCr1f7.dpuf

Urvashi

By Team Legal Helpline India, October 23, 2020

story

HOW TO FILE A CIVIL SUIT IN INDIA

By Team Legal Helpline India, August 16, 2020

For filing a Civil Suit, the detailed process is laid down in Code of Civil Procedure, 1908. However if the correct process is not followed then the Registry has the right to dismiss it.
Registry here means an office which every court have which provides the information about any court matter and court forms”.
There are certain aspects which need to be determined before filing of suit. They are as follows :
1. Place of Suing
Place of suing simply means the venue of the trial. Before filing a suit (any suit) one must determine which court has the jurisdiction to try the civil suit. Section 15 to Section 20 of Code of Civil Procedure (hereinafter referred to as CPC) constitutes the jurisdiction of the courts.

Every Court has a pecuniary and territorial jurisdiction. As per Section 15 of CPC suit is to be filed in the Court of lowest grade competent to try it.

2. Essentials of a Suit
Some of the essentials of the suit are (a) parties to the suit; (b) subject matter in the dispute; (c) cause of action; (d) relief claimed.

After determining the above mentioned aspects the suit can be filed according to the following procedure :

Filing of a Suit/Plaint
The first step to initiate a suit is to file a plaint. Simply put, a Plaint is a written complaint or allegation made by the one party against other. The party who files it is known as the ‘Plaintiff’ and against whom it is filed is known as the ‘Defendant’.
A Plaint has to be filed within the limit prescribed under Limitation Act.
A plaint should contain :
• Name of the Court
• Name and address of the parties to the suit
• A brief statement about the sections or orders under which the jurisdiction of the Court is evoked (subject)
• Submissions of the Plaintiff
• Verification from the plaintiff stating that the contents of the plaint are true and correct.


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Vakalatnama
A plaintiff may also represent himself/herself in their own case. However, due to lack of knowledge of law and technical procedures, parties choose to engage lawyers to represent them in the Court of Law.
In order to do that a Vakalatnama has to be filed along with the Plaint. Vakalatnama is a written document, by which the parties to the suit authorise an Advocate to represent them before the Hon’ble Court. However, if the party is personally representing it’s own case then, they need not file a Vakalatnama.
Vakalatnama may contain the following terms :
• That the client shall bear all the costs and expenses incurred in the proceeding
• The client will not hold the Advocate responsible for any decision.
• The client will not hold the Advocate responsible for any decision.
• That the advocate shall have all the rights, to take decisions on his own during the hearing in the court of Law, in the best interest of his client.
• That the client is free to disengage the Advocate already appointed, at any stage of the Proceeding.

NOTE :
No fees is required to be paid for it. However, now a days, Courts require a Rs. 10 Advocate Welfare Stamp to be affixed on Vakalatnama. Plaint should also have the requisite court fees attached to it.

Court Fees
Court fees is a nominal percentage of the total value of the claim or the value of the suit. The requisite amount of Court fees and stamp duty is different for every suit, and the same is mentioned in the Court Fees Stamp Act.
Some of them are as follows :
• In case of plaint/written statement – Rs. 10 if the value of the suit exceed Rs. 5,000/- upto 10,000/-
• In case of plaint filed in a suit for possession – Rs. 5
• On a copy of a Decree or order – 50 paise

Court fees as per value of the Suit
• If the value of the suit exceeds Rs. 1,50,000-1,55,000 – Rs. 1700/-
• If the value of the suit exceeds Rs. 3,00,000-3,05,000 – Rs. 2450/-
• If the value of the suit exceeds Rs. 4,00,000-4,05,000 – Rs. 2950/-

How will proceedings be conducted ?

Hearing
On the first day of hearing, if the court thinks that there is merit in the case, it will issue a notice to the opposite party, calling upon him to submit their arguments (written statement) on a date fixed by the court.
After the issuance of the notice the plaintiff should do the following :
• File requisite amount of procedure-fee in the court.
• File 2 copies of plaint for each defendant in the court (if there are 4 defendants, 8 copies are to be filed)
• Of the 2 copies filed for each defendant, one copy shall be sent by Speed post/Courier/R.P.A.D. and the other copy shall be sent by Ordinary Post.
• Such filing should be done within a period of seven days from the date of order/notice.

Written Statement
• Once the notice has been issued to the defendant, he is required to appear on the date mentioned in the notice.
• Before appearing on the date, the defendant is required to file his ‘written statement’ i.e., his defence against the allegation raised by the plaintiff.
• The written statement should be filed within 30 days from the date of service of notice, or within such time as given by the court.
• The maximum period that can be extended for filing of Written Statement is 90 days, after seeking permission of the court by giving reasons for delay.
• The written statement should specifically deny the allegations stated in the plaint, which according to defendant is wrong and false. Any allegation, not specifically denied, is deemed to be admitted.
• The written statement should also contain a verification from the Defendant, stating that the contents of the Written Statement are true and correct.

Replication by the Plaintiff
Once the written statement is filed by the Defendant, the plaintiff has to file a reply the written statement. That reply is known as Replication. Replication is the reply filed by the plaintiff against the written statement of the defendant.
A replication should specifically deny the allegations and contentions raised in a written statement. Anything which is not specifically and explicitly denied is deemed to be accepted.
Once the Replication is filed, the pleadings are stated to be complete.

Filing of other documents
After pleadings (plaint and written statement) are completed and both the parties have filed their submissions, both the parties are given an opportunity to produce and file documents that are substantial to their claims.
Any document not produced or filed cannot be relied upon, during final arguments. After filing, the documents should also be admitted on record.
The procedure for filing other documents is as follows :
• In certain cases documents filed by one party may be admitted by the opposite party.
• In case if the documents filed are denied by the opposite party, then they can be admitted by the witness produced by the party whose documents are denied.
• Once the documents are admitted, it shall be taken on record and all the details of suit such as name of the parties, title of the suit, etc; shall be inscribed on the document as per Order 13 Rule 49 of Code of Civil Procedure.
• It is mandatory that any document which is filed by the parties must be “original” and a copy of such document shall be provided to the opposite party.
• Documents, which are rejected/not admitted, are returned to the respective parties.
• Any document which is not filed or produced cannot be relied on during final arguments.
The completion of the procedure of filing the suit is being followed by the stages mentioned below :
• Framing of issues
• List of Witness
• Examination in chief
• Cross examination
• Final Arguments
• Final Hearing (final order)
• Appeal, Reference, Review (if any).

…….

The author is a practicing Advocate in Bombay High Court.
You can reach to her on anuja.waykar63@gmail.com