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DISPUTE RESOLUTION IN INDIA www.khaitanlegal.com
Structure of Civil Court System The Supreme Court of India is the apex court exercising original, appellate and advisory jurisdiction, followed by the high courts established in different states and union territories of India. All high courts exercise appellate jurisdiction over subordinate courts established in different districts with the exception of five high courts (being the high courts at Mumbai, Delhi, Kolkata, Chennai and Himachal Pradesh) which are the first courts of instance in addition to their appellate jurisdiction.
ROLE OF THE JUDGE AND THE JURY IN CIVIL PROCEEDINGS Judges in Indian courts play an inquisitorial role in deciding cases as they conduct civil and criminal proceedings, consider arguments, appreciate evidence, apply applicable law and pass judgments. The jury system is not in practice in India except to adjudicate matrimonial disputes in the Parsi community. www.khaitanlegal.com
TIME LIMITS FOR BRINGING CIVIL CLAIMS The time limits for bringing civil claims are prescribed under the Limitation Act, 1963. Parties are not at liberty to suspend time limits prescribed under this act. www.khaitanlegal.com
Procedure and timetable for a civil claim A suit is instituted by filing of a plaint. Thereafter, summons are issued to the defendants. On receipt of summons, if a defendant desires to defend the suit, the defendant files its written statement within 30+90 days of receipt of summons. In commercial suits, delay beyond 120 days in filing a written statement cannot be condoned, unlike all other civil suits. After the written statement is filed, the parties enter into discovery and inspection of documents. On completion of discovery, the court frames points for determination. After framing of issues, trial in the suit commences where, inter alia, evidence, by way of documents and witnesses, is presented and witnesses are cross-examined. Thereafter, a final hearing of the suit is conducted before the court, which then passes a judgment. A party aggrieved by the judgment of the court can challenge the same in appeal before a higher court.
How is evidence presented at trial? Evidence in the trial can be presented in both oral and documentary (including electronic) form. Witnesses and experts do give oral evidence. Documentary evidence can also be presented during cross-examination of a witness or expert.
Are court hearings held in public? Hearings in court are generally held in public except when there is cause to hold such proceedings in camera. Further, while court judgments are part of the public record, documents relied upon by the parties to a witness statements, etc. are not made available to the public. orders or pleadings, proceeding,
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