Category Archives: City Civil Court

City Civil Court Purpose of Hearing List

Are you confused about the Status of a Case in the City Civil Court? This article explains what the case status means in the City Civil Court in Maharashtra.

  1. JUDGEMENT
    After hearing the arguments (oral submissions) from both the parties to the proceedings, Court is to fix the date for Judgement (Final Order).
  2. ARGUMENT
    After recording of Evidence from both the parties, Court hears oral submission from both the sides in support of their respective stand. The process of hearing such oral submission is known as Argument. At the time of argument respective counsels for the parties put forth their submissions with citations to convince court on the issue in question.
  3. EVIDENCE (PH) / Evidence (Partly Heard)
    When the process of recording of evidence is initiated and matter adjourned for recording further evidence by giving next date, stage of such matter is notified as evidence (partly heard).
    When the evidence of the defence is to be secured, the state Evidence (Defence) is mentioned. In criminal matters instituted by other wise than police report, evidence is also recorded before issuance of process, the state Evidence Before Process is mentioned in such matters.
  4. HEARING
    Hearing includes recording of evidence or also hearing of arguments i.e. Oral submission by the parties.
  5. U/S 313 OF Cr.PC
    The criminal case is fixed for this purpose to record a statement of accused on the point of incriminating evidence collected against him during the course of trial.
  6. NOTICE (READY)
    When notice is required to be issued to the party to proceeding at the middle stage of its progress/trial i.e. When matter is ready for effective hearing, state Notice (Ready) is given.
  7. SUMMONS (READY)
    When summons are required to be issued to the party to proceeding at the middle stage of its progress/trial i.e. When matter is ready for effective hearing, state Summons (Ready) is given.
  8. CHARGE
    At this stage court prepares a document on the basis of which charges levelled against an accused are read over and explained to him and to which he either pleads guilty or claims a trial by denying the charges leveled against him.
  9. FIXING DATE OF HEARING
    When matter becomes ready/effective to under take hearing, court use to fix date for hearing of the said matter.
  10. PAPER BOOK
    To facilitate hearing of the appeal (both civil and criminal), copies of relevant documents in the proceedings are prepared on depositing costs by the appellant or party requesting for the same. A bunch of such document is known as paper book. The work of preparation of paper book starts after the receipt of Recorded & Proceeding from trial Court and all respondents are appeared in the matter then file send to paper book section for preparation of paper book.
  11. NOTICE (UNREADY)
    When notice is required to be issued to the party to proceeding at the initial stage of its trial i.e. state notice (Unready ) is given.
  12. AWAITING SUMMONS
    When summons are issued against party to the proceeding, matter is kept pending awaiting report of service of such summon.
  13. N.B.W.(READY)
    When Non bailable warrant is issued against accused in a case at the middle stage of the trial, i.e. When matter is ready/effective, this stage is given either for issuing such NBW or awaiting report of the same.
  14. B.W.(READY)
    When bailable warrant is issued against accused in a case at the middle stage of the trial, i.e. When matter is ready/effective, this stage is given either for issuing such BW or awaiting report of the same.
  15. N.B.W. (UNREADY)
    When Non bailable warrant is issued against accused in a case at the initial stage of the trial, i.e. When matter is unready/ineffective, this stage is given either for issuing such NBW or awaiting report of the same.
  16. B.W. (UNREADY)
    When bailable warrant is issued against accused in a case at the initial stage of the trial, i.e. When matter is unready/ineffective, this stage is given either for issuing such BW or awaiting report of the same.
  17. ADMISSION & DENIAL
    In every proceeding, parties file several documents. To curtail volume of evidence to be adduce, at this stage parties are called upon to either admit or deny the documents filed by other side. Excluding the admitted facts, issues are framed by the court. Parties are required to adduce evidence on the issues framed as per burden of proof.
  18. AWAITING R & P OF LOWER COURT
    When record and proceedings of lower court is ordered to be called for, writ for the same is issued. Matter is posted awaiting Record and Proceedings of lower court..
  19. R & P (READY)
    When during the course of hearing of the matter record and proceedings from other court is called either suo moto by the court or on the request of parties,this stage is given to the proceedings either for calling such R&P or for awaiting the same.
  20. FILING OF V.P.
    When party desires to engage another advocate or advocate for party just appears and files pursis/appearance memo; and seeks time to file vakil patra, stage filing of V.P., is assigned to the matter,.APPEARANCE :
  21. FILING OF V.P. (UNREADY):- When filing of vakil patra becomes necessary at the middle stage of the proceedings/trial, this stage is given.
  22. ORDER
    In proceedings after hearing both the sides several misc. applications are to be decided by passing orders. In addition to this several consequential orders on failure to appear, failure to comply with the directions issued by courts are to be passed. Stage order is therefore fixed in such matters.
  23. ORDER ON EXH
    When order is to be passed on interim application, stage order on exhibit number of such misc. application is given.
  24. FILING OF VAKILPATRA:- Pl. refer explanation of stage shown at sr.no. 20 and 21 above.
  25. FILING OF SAY ON EXH____(READY)
    When party files misc. application seeking interim relief during the course of trial, court use to call say of other side. If at such stage matter is in ready state, this stage is known as Filing of say on Exh. (Ready).

More…..coming soon.

Interlocutory Orders in India

What is the meaning of “Interlocutory Orders”?

An Interlocutory Order (also known as an Interim Order) means the decision of the Court which does not deal with the finality of the case but settles subordinate issues relating to the main subject matter which maybe necessary to decide during the pendency of the case due to the time-sensitivity of those issues.

An Interlocutory Order is given mainly to ensure that the interests of either party are not harmed due to and during the process of justice.

As per section 94 of the Code of Civil Procedure 1908 Part 6:

94. Supplemental Proceedings

In order to prevent the ends of justice from being, defeated the Court may, if it is so prescribed

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;

(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

Schedule 1 of the C. P. C. (Various Orders and Rules) deals with the procedural aspect in greater detail.

Examples of Interlocutory Orders:

  • Appointment of Commissioner to conduct search and seizure
  • Temporary Injunctions
  • Appointment of Court Receiver to collect rent or payments,
  • Payment into court
  • Security for maintaining a cause

Case Law

Sub‑Committee of Judicial Accountability v. Union of India, AIR 1992 SC 63

  • Held: The Supreme Court will abstain from passing an interlocutory order if the passing of such an order has an effect or tends to be susceptible of an inference of pre-judging some important and delicate issue in the main matter

Vakalatnama

What is a Vakalatnama?

A Vakalatnama is a document in writing, appointing a lawyer or pleader to represent the clients matter in a court of law.

ORDER III

4.(1) No pleader Shall act for any person in any Court unless he has been appointed for the purpose by such person by a document in writing signed by such  person or by his recognized agent or by some other person duly authorized by or under a power-of-attorney to make such appointment.

What is the meaning of VP or VP Filed in the Court proceedings and Roznama?

VP means Vakil Patra, which is another name for Vakalatnama. Most courts use the term VP Filed in their Roznama or online records, to indicate that the Vakalatnama was filed.

Screenshot from 2016-08-03 09:21:34

 

What does the Vakalatnama contain?

The Vakalatnama contains:

  • The date on which it is executed.
  • The name of case / cases for which the pleader(s) has been appointed
  • The name of the court / courts for which the pleader has been appointed
  • The name of the party appointing the Advocate and the parties authority to appoint (Eg: Power of Attorney Holder or Recognised Agent)
  • If not executed by the party in person, then the document supporting the appointment
  • The name of the lawyer / pleader / advocate(s) so appointed
  • The address of the pleader, for service of documents
  • The case title / number to identify the case for which the appointment has been made
  • The powers / decision making authority given to the advocate. This may limit the advocate only to obtain certified copies, or
  • Signature of the party or parties (with the name of the party or parties next to it)
  • Signature of the pleader(s) or lawyer(s) accepting the vakalatnama

A vakalatnama gives a lot of authority to the pleader. It should be executed by the client with great care and scrutiny. Clauses like compromising the matter, appointing another Legal Practitioner, accepting money etc. may sometimes be detrimental to the interest of the client.

Who is authorised to give a Vakalatnama?

A Vakalatnama can be given by:

  • The party (in person)
  • A person holding a power of attorney for the party
  • A person carrying on trade or business on behalf of the party in that jurisdiction

ORDER III

2. The recognized agents of parties by whom such appearances, applications and acts may be made or done are-

(a) persons holding powers-of-attorney, authorizing them to make and do such appearances, applications and acts on behalf of such parties;
(b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or acts made or done, in matters connected with such trade or business only, where no other agent is expressly authorized to make  and do such appearances, applications and acts.

A vakalatnama can be given jointly by multiple parties in the case, to appoint the same pleader or set of pleaders.

Whom is the Vakalatnama given to?

The vakalatnama can be given to one or many advocates / pleaders. Each of their names must be specifically mentioned.

What is done after the Vakalatnama is given?

After the Vakalatnama is given, it is filed in court within the prescribed period.

(2) Every such appointment shall be filed in Court and shall, for the purposes of sub-rule (1), be deemed to be in force until determined with the leave of the  court by a writing signed by the client or the pleader, as the case may tie, and filed in Court or until the client or the pleader dies, or until all proceedings in.the suit are ended so far as regards the client.

Is the Vakalatnama a Power of Attorney?

Yes. For all practical purposes, the Vakalatnama is a Power of Attorney.

Does a Vakalatnama need to be stamped?

Yes.Advocates Welfare Fund Stamps need to be affixed to the Vakalatnama.

As per section 27 of the Advocates Welfare Fund Act, 2001:

27. Vakalatnama to bear stamps:

1. Every advocate shall affix stamp of a value of-

a. five rupees on every Vakalatnama filed by him in a District Court or a court subordinate to the District Court;

b. ten rupees on every Vakalatnama filed by him in a tribunal or other authority or a High Court or the Supreme Court: Provided that the appropriate Government may prescribe the value of the stamps not exceeding twenty-five rupees to be affixed under this sub-section: Provided further that the appropriate Government may prescribe different value of the stamps to be affixed on every Vakalatnama to be filed in a District Court, or a court subordinate to the District Court or a tribunal or other authority or a High Court or the Supreme Court.

2. The value of the stamp shall neither be the cost in a case nor be collected in any event from the client.

3. Any contravention of the provisions of sub-section (1) or sub-section (2) by any advocate shall disentitle him either in whole or in part to the benefits of the Fund and the Trustee Committee shall report such contravention to the State Bar Council for appropriate action.

4. Every stamp affixed on every Vakalatnama filed before a District Court or a court subordinate to the District Court or a tribunal or other authority or a High Court or the Supreme Court shall be cancelled in such manner as may be prescribed.

Is the Vakalatnama different for different Courts?

No. Since the vakalatnama has no specific form, if it contains all the required details, it can be used in any court.

What is a Vakalatnama called in other languages or countries?

Vakalatnama is also interchangably called vakkalathu, vakil patra, mukhtyarnama.

What is the duration of the effect of the Vakalatnama? Can a Vakalatnama be withdrawn?

A Vakalatnama is said to be in force until:

  • The client dies or
  • The pleader / lawyer dies or
  • The client withdraws the Vakalatnama and the Court permits such withdrawal or
  • The lawyer / pleader withdraws the Vakalatnama and the Court permits such withdrawal or
  • The proceedings of the case are ended

(2) Every such appointment shall be filed in Court and shall, for the purposes of sub-rule (1), be deemed to be in force until determined with the leave of the court by a writing signed by the client or the pleader, as the case may be, and filed in Court or until the client or the pleader dies, or until all proceedings in.the suit are ended so far as regards the client.

Bombay High Court Rule:
Rules framed by the High Court under section 34(1) of the Advocates Act, 1961 (Act 25 of 1961)

A party who wishes to discharge the Advocate engaged by him may apply to the Court for an order of discharge by following a similar procedure and the Court, if it is satisfied, may pass orders discharging the Advocate and while doing so impose such terms and conditions as it may deem proper.

Can a client argue the case in person even if he has given a Vakalatnama to a lawyer / pleader?

Yes.

CPC Order III Rule 1

1. Appearances, etc., may be In person, by recognized agent or by pleader.- Any appearance, application or act in or to any court, required or authorised by law to be made or done by a party in such court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:

Provided that any such appearance shall, if the court so directs, be made by the party in person.

Can a lawyer who has been given a Vakalatnama, appoint another lawyer to plead the case in the same or different court?

Yes – If there is a specific clause in the Vakalatnama allowing him to do so.

Interesting Precedents:

  • Uday Shankar Triyar vs Ram Kalewar Prasad Singh & Anr
    The defects routinely found in Vakalatnamas filed in courts
  • Ramappayya vs Subbamma And Ors. (1947) 2 MLJ 580
    Whether an advocate-or a pleader to whom a Vakalatnama is given, has power in the absence of express authorisation to compromise the suit on behalf of the party for whom he appears.