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Civil Court FAQ

If I have some complaint can I directly approach to the court?

Yes, you may directly approach Presiding officer/Judge of the court to submit your complaint on any working day in the court at the time mentioned on the board titled “ Working hours”. However, your complaint must not be an interference in administration of justice..

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What are the basic types of cases?

The cases are primarily classified in two classes viz. Civil and Criminal.

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What is a civil case?

The case seeking remedy with reference to the property and other civil rights given under any civil law is said to be civil case.

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What is a criminal case?

Criminal case is a case for violation of act prohibited by law for which punishment of impressionment / fine is prescribed.

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Can a common man file a case directly without help the of an Advocate?

Yes, there is no provisions in law through which requires engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate.

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How much amount is estimated to be paid as various type of fees in a court?

Court fee, Process fee and copying fee are the three main kinds of fee to be paid in courts. Court fee is to be paid under the provisions of Bombay Court Fee Act. For certain matters fixed court fee is required. One may refer Schedule II of the said act to see requirement of fixed court fees. For the purpose of court fee while filing of suits, one has to pay fee as per schedule I of the said Act in which requirement of court fee on the basis of valuation of the matter is given. As regards process fee, it is fee in the form of court fee stamps required to be paid for issuance of various process i.e. Summon,notice, warrant etc. The same is to be paid as per chart given in Civil Manual. Copying fee is the fee required to be paid for getting certified copies of the documents order or judgment. As per instructions contained in chapter XXIX of Civil Manual , copying fee at the rate of Rs.4 per page and Rs.7/- per page is required to be deposited for ordinary and urgent copy respectively.

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What are the facilities available for a Poor People to file case?

In order to file or defend any proceeding in court, a person whose annual income does not exceeds Rs.50000'/ (Fifty thousand) is eligible to get free legal aid through District or Taluka Legal Services Authority. Benefits under order XXXIII of Civil procedure Code may also be availed by economically weakers to file or defend any civil proceeding in court. However, prior to it he has to file application seeking permission of the same to do so.

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How much time is required to get the result of a case?

Normally criminal case is expected to be decided within six months. Civil matters are expected to have disposal within three years. However, one can not expect disposal of case within such period of time. It depends upon response from both the parties, pendency of cases before respective court and circumstances of the case.

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If some body mischievously files case against me what action should I take.

In case of criminal matter, you may seek compensation by filing suit for malicious prosecution. However, judgment must contain the findings to the effect that prosecution faced is malicious one. In civil litigation also you may seek compensation. Rules framed by High Court for prevention of Vexatious litigation may also be referred in the civil manual.

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To whom a Common man should approach for any help related to court?

At the first instance Registrar of District Court and Superintendent/Assistant Superintendent in courts at taluka level are the head of ministerial staff to whom common man may approach. He may approach to the Judge of the court in the time prescribed for the same. In addition to this, enquiry counter is available in court on which common man may get required information.

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How long will it take for a final Judgment after the Case is filed?

Normally criminal case is expected to be decided within six months. Civil matters are expected to have disposal within three years. However, one can not expect disposal of case within such period of time. It depends upon response from both the parties, pendency of cases before respective court and circumstances of the case. However, after conclusion of hearing judgment is required to pronounced in courts as early as possible and within15 days and in civil side in no case beyond 2 months, after final arguments are heard. .

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Is any standard form available to file a case?

Yes for civil suit standard form is available. The contents as mentioned in order VIII of CPC are required to be incorporated in the plaint. For criminal complaint other than police, no prescribed format is available. Complaint must contain name of court, date of offence, place of offence, mode of commission of crime and prayer and names of witnesses.

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Can I file case from home?

No. You can file case in court either personally or through advocate/next friend. After 'E' filing facility is made available, this could be avoided.

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Can a person know about the history of a case?

Yes, now a days history of case may be viewed in KIOSK in some of the courts in the State. An attempt to make such facility available in all the courts is being made. The instructions as to how KIOSK ( Touch screen) is to be used are displayed in all the courts where such facility is available. You may also seek such facility.

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What is the procedure to get bail?

One has to file application in court for seeking bail in the crime. Bail in bailable offence is a right . However, in the cases arising out of non bailable offence, court has got discretion either to grant or refuse bail. For detailed clarification, you may refer provisions of section 436, to 439 of Criminal procedure code.

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How Can I know the status of my case?

Yes, now a days status of case may be viewed in KIOSK in some of the courts in the State. An attempt to make such facility available in all the courts is being made. The instructions as to how KIOSK ( Touch screen) is to be used are displayed in all the courts where such facility is available. In addition to this status may be ascertained by contacting Enquiry Counter in the court. Next date of the case may be ascertained even by making telephonic call in some courts where IVRS( Interactive voice response system) is activited. You may also get such information on court web site.

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Do I need to remember my case number always?

It would be better for you to remember number of your case pending in court. However, it is possible to seek history and status of your case alongwith number of the same by name on KIOSK (Touch Screen) and also by approaching enquiry counter in the court.

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In case of death of party, how the case proceeds?

Criminal Case stands abated on the death of person/accused involved. However, death will not absolve any person from civil liability. In the event of death, legal representatives of deceased are to be brought on record. 90 days is the period of limitation for the same.Detailed procedure laid down in order XXII of Civil procedure code is to be followed.

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If I want to make complaint against advocate, where should I approach?

You have to approach State Bar Council for making complaints against Advocate.

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How the case proceeds from filing to disposal?

n case of civil matter, Appearance of other side, Written Statement, Documents , Issues, Settlement of matter, List of witnesses, Evidence, Arguments and Judgment are the stages. In Criminal case, after apperance of accused charge is framed. The prosecution side then will adduce its evidence. After recording statements of accused and hearing arguments judgment will be pronounced. An opportunity of adducing defence evidence will be given to accused if he desires so, after recording statements and before hearing final arguments.

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What happens after the case is disposed?

In criminal case, nothing happens if accused is acquitted. If convicted, he will have to undergo sentence imposed, if bail is not granted. In case of civil suit, a party infavour of whom order/judgment is passed will file execution petition seeking execution of relief granted. Aggrieved party is at liberty to file appeal in competent courts of law both in civil and criminal matters. .

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Although the court has ordered, I am not getting possession of my property? How to get it?

You have to file execution petition in court for getting possession of property.

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Can I plead my own case or my relatives case without advocate?

Yes, there are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.

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What is contempt of court?

Contempt is nothing but lowering down prestige of the court. Basically essense of respect towards court is the object behind contempt of courts Act. Concept is defined under sec.2 of the Contempt of Courts Act 1971. Contempts are of two kinds viz. Civil and Criminal. Civil contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. Criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise)of any matter or the doing of any other act whatsoever which; scandalises, prejudices or interferes the administration of justice in any other manner. (For better clarification one has to refer the provisios of Section 2 of the Contempt of cours Act.

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Is there any alternate means by which my dispute could be speedily resolved?

Yes Arbitrtion, conciliation, Judicial settlement including settlement through lok adalat or mediation are the alternative modes for getting your dispute duly resolved.

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Is there any facility to get speedy result by paying more money or fees?

No. However matters instituted by or against certain classes of persons, viz. Senior citizens, physically hendicaped persons and over 7 years old cases are to be expediated as per the policy formulated by the High Court and Supreme Court. Similarly maintenance / marriage petition / case under section 138 of N.I. Act are to be speedily disposed off.

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I am interested to settle the dispute but the opposite party is not willing what should be done?

You may seek guidance of District or taluka Legal Services Authority to attempt for settlement of dispute. You may keep your case in Lok Adalat.

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I have heard about loknyayalaya? What is it?

Its a popular forum for getting your dispute duly settled amicably. Lok Nyalaya is organized in each court periodically. The disputes are placed before panel Judges for negotiation with parties. An attempt to get the same amicably settled is made through it.

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I want to learn some thing about law and act? How to go about it?

Truly speaking it is very difficult task to concisely acquaint any body with the concept of law and act. However to define it with few words, we can say that it is rules framed by legislature to regulate various human activities and to maintain law and order in the society.You have to attend various legal literacy camps organized by the courts periodically to know basic knowledge about various laws and Acts. You can learn by reading law books and visiting concern Websites.

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How can I avoid my rightful claim being defeated ?

1. Choose a proper forum. 2. Plead all material facts properly. 3. Pay proper court fee. 4. Be deligent in effecting service an opponent in time. 5. Lead best evidence oral and documentary ....

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