Understanding the basics of Trial Court Practice (LITIGATION BASICS 1)

The Trial Courts are base of Indian Judicial System. The strategy of the trial court practice is different from the higher court and tribunal practice. The trial court practice requires understanding of practical use of substantive and procedural laws along with practicality of evidence law.

In mastering trial court practice one must be in thorough with knowledge of substantive and procedural laws. Law Students and Junior Advocates can acquire theoretical Knowledge from study of laws through bare Acts, Commentaries and Reading of Judgments and Practical Knowledge from regularly visiting courts and observing trials, joining senior office and handling cases.

(A) STRUCTURE OF TRIAL COURTS –

Taking Example of Structure of Trial Courts in State of Maharashtra –

• Civil Side – Civil Judge Junior division, Civil Judge Senior Division and District Court
• Criminal Side – Judicial Magistrate First Class, Chief Judicial Magistrate and Session Court
• Mumbai City – Metropolitan Magistrate Courts, Small Causes Courts and City Civil and Session Court.

Jurisdiction and Powers of each courts are prescribed in the Code of Civil Procedure and Code of Criminal Procedure.

(B) IMPORTANT STATUTES FOR UNDERTANDING TRIAL COURT PROCEDURE –

Taking an Example of Practice of Trial Court in the State of Maharashtra. For better understanding of process of Civil and Criminal Courts required thorough knowledge of following statutes –

(1) CIVIL SIDE –

1. Civil Procedure Code 1908 (with Maharashtra state and Bombay High Court Amendment)
2. Limitation Act 1963
3. Evidence Act 1872
4. Civil Court Manual issued by Bombay High Court
5. Commercial Courts Act 2015
6. Suit Valuation Act 1887
7. Interest Act 1978
8. Family Courts Act 1984
9. Legal Services Authorities Act 1987
10. Maharashtra Civil Court Act 1869
11. Bombay City Civil Court Act 1948
12. Presidency Small Cause Courts Act 1882
13. Provincial Small Causes Court Act 1887
14. Maharashtra Revenue Jurisdiction Act 1876
15. Maharashtra Court Fee Act 1959
16. Maharashtra Vexatious Litigation (Prevention) Act 1971

(2) CRIMINAL SIDE

1. Criminal Procedure Code 1973 (with Maharashtra state Amendment)
2. Evidence Act 1872
3. Criminal Court Manual issued by Bombay High Court

(C) AREAS OF PRACTICE –

The Trial court practice mainly divided into Criminal Laws and Civil and commercial Laws. For Trial Court Practice understanding of Procedural Laws along with Knowledge of Substantive laws is required.

Example –

• For Practice in Criminal Laws – Understanding of Procedural Laws like CrPC and Evidence Law along with Knowledge of Substantive laws like IPC and special statutes is required.
• For Practice in Civil Laws (e.g. Property Law) – Understanding of Procedural Laws like CPC, Evidence Law and Limitation Act along with Knowledge of substantive laws like Transfer of Property Act, Contract Act and Succession Laws is necessary.