Litigation in India
BY SHREYA GHOSSH
Introduction
In simple terms, a legal proceeding in a court of law is known as litigation. It is a proceeding between two or more parties, against each other, for enforcing or defending a right, which is legal and includes activities not just during the subsistence of a case, but activities before and after the filing of case as well. A professional pursuing litigation is called a Lawyer.
Litigation as a Career
Litigation as a career option is for those law graduates who are really passionate and enthusiastic in this field. Along with that, one needs to have good analytical skills, an open mind and ability to think without being biased, an urge to keep learning new things to have a career in this profession.
Generally it is really challenging in the beginning years of this career, as one needs to literally slog through out the day and keep reading n researching all day long. The career structure is such that in the initial years, one can hardly expect a very meager salary, which can be really frustrating. It gives all the fame and establishment one would want, but only after struggling through it for years and putting in enormous hard efforts. In other words, someone who is willing to put in all the hard works and be patient when it comes to getting some rewards back will sail through and have a successful career in this profession.
Types of Litigations in India
Broadly litigation in India can be classified into Civil and Criminal.
Civil Litigation
Civil litigation deals with various matters relating to: –
- Contracts – when one or more parties who have entered into a contract, are not able to or not willing to fulfill their obligations as in the contract, a dispute relating to contract may occur.
- Property – disputes in relation to a property, its ownership, damage, and everything related to it falls under this category.
- Torts – where harm or injury is suffered by one due to the negligence or conduct of another is called as torts in general. It has many forms.
- Against the State – this is a complaint against the state or government.
- Tenant Issue – problems between the landlord and tenant regarding the rented property, rent or matters involving the rented property falls in this category.
- Public Interest Litigation – it is a legal action by a public -spirited person or organization for the benefit of the minority or people who have suffered a loss but are not in a position to report it themselves due to various reasons.
- Methods like arbitration, mediation, negotiation also can be broadly classified under this head.
Criminal Litigation
A trial in criminal court means criminal litigation, brought by state against the individual.
Courts in India
Chambers – A chamber is a room or a judge’s office where he/she listens to the matter in the presence of the parties and their attorneys and decides upon it. Though the difference is immeasurable as to the way it is predicted with all the designs and set-up in cinemas, and the way it is in real, especially in our country.
Clients – A client is a person who approaches a lawyer to take up his/her case and appoints the lawyer as his attorney.
Legal field- expectations versus reality – The profession has all the glamour at one side, and all the dirty game going on with in as well. It is such a tool, which can either make a persons life or spoil one’s life forever, and also gives the power to take away a human life as well.
Shreya Ghossh is a skilled writer and has graduated B.A.LL.B from the Institute of Legal Studies, Bangalore.