ritu Guest
Asked July 23, 2016

file a case

  • 1 Answer
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How can I file a case?

Answer 1

Default avatar
Divya Maheshwari

For filing a case there are various things a person should know. Firstly, whether it is a civil matter or a criminal matter. Secondly, about the jurisdiction. i.e. under which court’s jurisdiction the matter would lie.

In the civil matters there are two types of jurisdiction:

a) Territorial jurisdiction:

Territorial jurisdiction depends upon the nature of the suit, i.e. subject matter of the dispute. Depending upon the nature of subject matter, suits are divided into 3 categories. They are i) Suits relating to immovable property. ii) Suits relating to compensation for wrongs to person and movables. iii) Other suits.

b) Pecuniary jurisdiction – the Court will be identified depending upon the monetary value of the subject matter in dispute (Section 16 of the Code of Civil Procedure).

The case will be initiated when a petition is filed to the Court Registry for a civil matter in the proper Court with the required court fees.

Criminal cases are initiated with filing of a complaint or a F.I.R. and then the police start their investigation after the investigation the accused is given a chance to be heard. If he can prove, he is not guilty of the offence then he would be acquitted otherwise convicted. The general hierarchy of court how it proceeds with a case is: First, it goes to metropolitan court then to the district court then to session court then to high court and then to supreme court. If a person is not satisfied with the order passed by the court then he can appeal in the higher court. If your fundamental rights are infringed then you can directly go to High Court or Supreme Court. This is the power given by the constitution of India in the Article 324 and 32 respectively.

http://legalserviceindia.com/laws/index.html

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