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General Litigation

Litigation attorneys represent plaintiffs and defendants before courts and manage all phases of the litigation process from investigation, pleadings and discovery to pre-trial, trial, settlement and appeal. Law related to litigation for a long litigating lawyers were confined to civil and criminal side of law. With liberalization and economic change even divided criminal law in to general criminal law such as murder, rape, etc. and economic offences, offences under cyber law, banking act, liberalization resulted into constitution of multiple forums.Government of India has also formed special tribunals to deal with matters of specific nature, such as Intellectual Property Appellate Board (IPAB), Income Tax Appellate Tribunal (ITAT), Debt Recovery Tribunal(DRT), Central Administrative Tribunal(CAT), Board for Industrial and Financial Reconstruction (BIFR) to name a few. Anything and everything under the sun is covered under litigation under laws of India.

CHALLENGES                                         

  • Trials take a lot of time, sometimes decades to be resolved.
  • It may be necessary to carry out field investigations that are both time consuming and expensive.
  • There is rarely any similarity in cases; almost each case is unique and demands a tailor-made specific strategy.
  • “India has over 2.5 Million cases pending in the High Courts and over 27 Million civil and criminal cases pending in the District Courts.”
  • For early hearing constant follow up, attendance in Court has become essential.
  • Elaborate search on internet with support of expert such as Chartered Accountant, Cost Accountant, Cyber Expert is need of ours.
  • Litigation is a expensive time consuming. Outcome of litigation depends on multiple of things.

OBSERVATIONS

Even with the creation of many quasi-judicial bodies, recent changes and amendments in laws there is much left wanting from our system. Doing litigation in India may be an unending process, frustrating the entire purpose of litigation. Indian Judicial System is marred with exceptional judicial delays and slow process. Expanding horizons of human life, general litigation is essential to maintain law and order, to maintain smooth relationships by efficiently handling a range of disputes among individuals/ groups, sects, communities and so on. Litigation should be based on a well thought strategy taking into consideration the entire process, time and cost involved and should not be initiated impulsively. Litigation strategy should be focused towards settling of disputes, rather than prolonging them.The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 is an important step taken by the Government to expedite the justice delivery system at least as regards commercial disputes. The said act limits the scope of appeal, puts a specific time line for conclusion of the matter, provides for summary judgement in respect  of certain claims. Should the act be followed in letter and spirit, pendency of commercial litigation matters in civil courts can be substantially reduced.

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