From Law School to Courtroom: Mastering Delhi's Legal Labyrinth

The Unwritten Rules of Delhi Courts Every Junior Advocate Must Know

14 May 2026 by

Imperion Law

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Jurisdiction Covered

Delhi District Courts & High Court of Delhi

Audience

Fresh Law Graduates & Junior Advocates

Law(s) Referenced

CPC 1908, CrPC 1973/BNSS 2023, Contempt of Courts Act, Delhi High Court (Original Side) Rules, Delhi Courts Act

Edition

2025 Edition (Reflecting BNSS 2023 & Latest Amendments)

MODULE 1 Introduction to Delhi Courts

– 1.1 Constitutional & Statutory Framework

– 1.2 Court Hierarchy & Territorial Jurisdiction

– 1.3 Delhi High Court – Original & Appellate Side

– 1.4 District Courts of Delhi

– 1.5 Court Etiquette & Professional Conduct

– 1.6 Key Personnel in Court

MODULE 2 Case Initiation – Civil Proceedings

– 2.1 Filing a Civil Suit (Plaint)

– 2.2 Court Fees & Stamp Duty

– 2.3 Service of Summons & Process

– 2.4 Written Statement & Replication

– 2.5 Interlocutory Applications

MODULE 3 Case Initiation – Criminal Proceedings

– 3.1 FIR, Complaint & Cognizance

– 3.2 Chargesheet & Police Report

– 3.3 Bail Applications

– 3.4 Remand & Custody Procedures

MODULE 4 Writ Jurisdiction & Constitutional Remedies

– 4.1 Writ Petitions at Delhi High Court

– 4.2 PIL Petitions

– 4.3 Letter Patent Appeals

MODULE 5 Understanding the Cause List & Court Procedures

– 5.1 Reading the Cause List

– 5.2 The Ahlmad Room

– 5.3 Court Masters & Court Stamps

– 5.4 Mentioning, Passover & Adjournments

– 5.5 Filing Documents & Applications

MODULE 6 Trial Procedures – Civil

– 6.1 Framing of Issues

– 6.2 Evidence & Examination

– 6.3 Interim Injunctions & Orders

– 6.4 Final Arguments & Judgment

MODULE 7 Trial Procedures – Criminal

– 7.1 Framing of Charges

– 7.2 Examination of Witnesses

– 7.3 Statement under Section 313 CrPC / BNSS

– 7.4 Final Arguments & Sentence

MODULE 8 Post-Judgment Procedures

– 8.1 Certified Copies of Orders & Judgments

– 8.2 Execution Proceedings

– 8.3 Appeals & Revisions

– 8.4 Review & Curative Petitions

MODULE 9 Practical Skills & Documentation

– 9.1 Legal Drafting Essentials

– 9.2 Record-Keeping & File Management

– 9.3 e-Filing & Technology in Delhi Courts

– 9.4 Professional Ethics & Conduct

MODULE 1

Introduction to Delhi Courts

1.1 Constitutional & Statutory Framework

Delhi's judicial system operates under a layered constitutional and statutory framework. As a Union Territory with a legislature (NCT of Delhi), Delhi's courts derive authority from both central legislation and local statutes. The primary statutes governing court structure and procedure are:

The Constitution of India, 1950 – Articles 21, 32, 136, 141, 226, 227, and Part VI governing High Courts.
The Code of Civil Procedure, 1908 (CPC) – governs all civil proceedings.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – replaced the CrPC 1973 and governs criminal proceedings from 1 July 2024.
The Delhi Courts Act, 1978 – establishes the subordinate court structure in Delhi.
The Delhi High Court Act, 1966 – constitutes the High Court of Delhi.
Delhi High Court (Original Side) Rules, 1967 – procedural rules for original civil jurisdiction.
Delhi High Court Rules (Appellate Side) – govern appeals and revisions.

Fresh graduates must be aware that the CrPC 1973 has been superseded by the BNSS 2023 with effect from 1 July 2024. All section references in criminal matters now operate under the BNSS, though courts may still cite old CrPC sections for pre-July 2024 matters.

1.2 Court Hierarchy & Territorial Jurisdiction

Delhi follows the standard Indian hierarchical court structure. Understanding this hierarchy is fundamental to determining the correct forum for filing any matter.

Court	Jurisdiction / Key Attributes
Supreme Court of India	Apex court; appellate jurisdiction over all courts; special leave petitions under Art. 136; located at Tilak Marg, New Delhi
High Court of Delhi	Established 1966; sits at Sher Shah Road; Original, Appellate & Writ jurisdiction; covers NCT of Delhi
District & Sessions Courts	Principal Civil & Criminal courts; Saket, Rohini, Dwarka, Tis Hazari, Karkardooma, Patiala House, Rouse Avenue
Additional District Courts	Assist District Judges in civil and criminal matters
Civil Judge (Junior / Senior Division)	Tries civil suits below pecuniary limits; unlimited jurisdiction for Civil Judge (Senior Division)
Executive Magistrate / Judicial Magistrate	Tries criminal offences up to prescribed limits; First and Second Class Magistrates
Metropolitan Magistrate Courts	Delhi is a Metropolitan Area; Metropolitan Magistrates handle bulk of criminal cases
Family Courts	Dedicated courts under Family Courts Act 1984; located at Saket, Rohini, Dwarka, Karkardooma
Commercial Courts	Under Commercial Courts Act 2015; at district level for specified value disputes
Tribunals & Special Courts	NCLT, DRT, DRAT, NGT, Labour Courts, Industrial Tribunals, Consumer Commissions, RERA

Territorial Distribution of Delhi Courts

Delhi's district courts are distributed across six main complexes, each serving defined geographical areas. Junior lawyers must know which complex has jurisdiction over their client's cause of action or residence:

Court Complex	Districts / Areas Served	Specialisation
Tis Hazari	North Delhi, North-West Delhi	Civil, Criminal, Family
Karkardooma	East Delhi, Shahdara	Civil, Criminal
Patiala House	New Delhi District	Criminal – Sessions, Metropolitan Magistrate
Saket	South Delhi, South-West Delhi	Civil, Criminal, Family, Commercial
Rohini	Rohini, Outer Delhi	Civil, Criminal, Family
Dwarka	South-West Delhi (newer areas)	Civil, Criminal, Family
Rouse Avenue	Central Delhi	Special Courts (CBI, Economic Offences), PMLA

Always verify territorial jurisdiction before filing. Filing in the wrong court invites an objection at the threshold and wastes the client's time and money. Check: (a) where the cause of action arose, (b) where the defendant resides or has a place of business, and (c) the pecuniary limit of the court.

1.3 The High Court of Delhi

The High Court of Delhi exercises three categories of jurisdiction, and understanding these is essential for a fresh graduate:

Jurisdiction	Description
Original Civil Jurisdiction	Suits where the value exceeds Rs. 2 crores (post-Commercial Courts Act, 2015); governed by Original Side Rules, 1967. Matters handled by a Single Judge.
Appellate Jurisdiction	Appeals from orders and decrees of subordinate civil and criminal courts; First Appeals, Second Appeals, Criminal Appeals, Revisions.
Writ Jurisdiction (Art. 226)	Broader than Supreme Court (Art. 32); issues writs against State, Central Government, authorities, and even private bodies performing public functions within NCT of Delhi.
Letters Patent Appeals (LPA)	Appeal from a Single Judge to a Division Bench of the High Court in original side matters; governed by Letters Patent of the High Court.
Supervisory Jurisdiction (Art. 227)	Superintendence over all courts and tribunals within NCT of Delhi.

Physical Layout of the Delhi High Court

The High Court complex is located at Sher Shah Road, New Delhi – 110 003.
It is divided into multiple wings housing Single Judge and Division Bench courts.
The Master Branch (Registry) handles all filings for the High Court.
The Listing Branch manages cause lists and court scheduling.
Court Masters serve individual judges and manage the flow of matters in chambers.
Filing counters are located in the Registry; e-Filing is now mandatory for most fresh matters.

1.4 District Courts of Delhi – Practical Overview

District courts handle the majority of litigation in Delhi. A fresh lawyer's first years are almost exclusively spent here. The following officers and branches are critical to understand:

Office / Branch	Function
District Judge's Court	Principal civil court of original jurisdiction; also Sessions Court for criminal matters.
Ahlmad Room (Nazarat)	Repository of all court files; processes filing, returns, and certified copies. Every case file lives here.
Reader's Room	Reader assists the judge in court; announces cases, manages the board, controls entry.
Process Section	Issues summons, notices, warrants; records service returns; handles the dasti process.
Record Room	Stores disposed-of case files; issues certified copies of old records.
Copying Branch	Provides certified copies of orders, judgments, and documents.
Cash Branch / Treasury	Receives court fees, fine deposits, security deposits.
Stamp Reporter's Office (HC)	At High Court only; examines whether requisite stamp duty has been paid on documents.
Legal Aid Panel	Provides free legal aid to eligible litigants; managed by DSLSA.

1.5 Court Etiquette & Professional Conduct

Courtroom etiquette is not mere ceremony – it reflects the dignity of the judicial process and significantly impacts how a junior lawyer is perceived by judges and senior colleagues. The following rules are binding under the Advocates Act, 1961, Bar Council of India Rules, and court rules.

Dress Code

Advocates must wear the prescribed uniform: black coat, white shirt, white neck-band (tabs), and a black gown. The gown is mandatory in the High Court; in district courts, the gown may be dispensed with but the coat, shirt, and tabs remain mandatory.
Women advocates wear a black coat, white blouse or salwar-kameez (white/black), white neck-band, and optionally a gown.
Formal footwear is expected. Casual attire (jeans, t-shirts, sneakers) is strictly impermissible inside court halls.

Address & Conduct in Court

Judges are addressed as "My Lord" or "Your Lordship" (High Court) and "Your Honour" (District Courts). Both forms are accepted; many judges now prefer "Your Honour" even at the High Court level.
Rise when the judge enters or leaves the courtroom.
Never turn your back to the Bench. Face the judge when speaking.
Do not interrupt a judge. Wait for the judge to complete speaking before responding.
Keep your mobile phone on silent mode. Audible rings in court rooms are contemptuous behaviour.
Do not sit while an argument is in progress unless permitted by the court.
Address opposing counsel respectfully as "My learned friend" or "My learned senior."

Professional Obligations

Maintain accurate instructions from clients; never mislead the court – this is a ground for contempt and disciplinary action.
Maintain the confidentiality of client communications.
Do not accept a brief if you have a conflict of interest.
File vakalatnamas duly signed before appearing for any party.
A junior appearing without a senior must be enrolled and in possession of a valid Bar Council identity card.

The Supreme Court in Ramon Services Pvt. Ltd. v. Subash Kapoor (2001) held that an advocate who misleads the court commits professional misconduct. Honesty towards the Bench is the highest obligation of a lawyer.

1.6 Key Personnel in Delhi Courts

Understanding who does what in a court is crucial for a junior lawyer who needs to navigate the system efficiently.

Personnel	Role & Interaction Tips
Judge / Judicial Officer	Decision-maker; never approach informally. All communication is through pleadings and oral arguments in open court.
Court Master (HC)	Assigned to each High Court judge; manages the judge's list, receives mentioning slips, controls access to chambers. Build a respectful working relationship.
Reader (District Courts)	Equivalent of Court Master at the district level; announces cases, maintains the board, controls the register. Must be approached courteously for date information.
Ahlmad	Custodian of case files in district courts; critical for tracking file movements, obtaining files for hearing, and submitting documents. Build rapport carefully.
Bench Clerk / Bench Secretary	Assists judge in chambers; types orders, maintains the case diary. Your certified copy requests often route through this office.
Process Server (Bailiff)	Serves summons, notices, and warrants. For dasti service, you carry the summons yourself. Important to track service returns.
Public Prosecutor / APP	Represents the State in criminal matters. In district courts, the Additional Public Prosecutor (APP) handles sessions cases.
Court Commissioner	Appointed by court for inspections, local investigations, or taking evidence in specific circumstances.
Stamp Reporter (HC)	Examines adequacy of stamp duty. Deficiency objections must be cured before a matter is listed.
Assistant Registrar / Registrar	Administrative head of the Registry; decides preliminary objections on filings; passes orders on procedural applications.

Maintain a personal diary of Ahlmads' names and room numbers at each court complex where you regularly practice. A polite, professional relationship with the Ahlmad is invaluable – they can locate a file, confirm a date, or alert you to a movement in your case well before the official notice reaches you.

MODULE 2

Case Initiation – Civil Proceedings

2.1 Filing a Civil Suit (Plaint)

Every civil suit begins with the filing of a plaint – the foundational document that sets out the plaintiff's claims and grounds. Order VII of the CPC prescribes the mandatory particulars of a plaint.

Mandatory Contents of a Plaint (Order VII Rule 1, CPC)

Court heading – Name of the court in which the suit is filed.
Name, description, and place of residence of the plaintiff.
Name, description, and place of residence of the defendant, so far as they can be ascertained.
Facts constituting the cause of action – when it arose and where it arose (jurisdiction).
Relief claimed – must be specifically stated; vague relief can be rejected under Order VII Rule 11.
Verification – the plaint must be signed and verified by the plaintiff or an authorised person (Order VI Rule 15).
Court fees paid – in accordance with the Court Fees Act, 1870 (as applicable in Delhi).
Limitation statement – showing the suit is within the limitation period under the Limitation Act, 1963.

Step-by-Step Filing Procedure at District Courts

Draft the plaint with all mandatory particulars. Number all pages. Prepare the required number of copies: original + copies for each defendant + court copy.
Prepare the vakalatnama – signed by the client authorising the advocate to represent them. Affix appropriate stamp paper (Rs. 100 non-judicial stamp paper in Delhi).
Calculate court fees using the Court Fees Act, 1870 and the Suits Valuation Act, 1887. Pay court fees by affixing court fee stamps on the plaint (or online as per the court's system).
Prepare the index of all documents to be filed as exhibits (Order XIII CPC).
Present the plaint at the filing counter of the relevant court complex. The duty Ahlmad or filing clerk will check for deficiencies.
Receive the case number (CNR Number) – a unique Case Number Record assigned digitally; retain this for all future references.
First date (return date) – the court fixes a date for admission or return of plaint; appear on that date with the original documents.
Admission hearing – the court considers whether the plaint discloses a cause of action; if admitted, the court orders issuance of summons to defendants.

Common Drafting Errors to Avoid

Failure to describe the cause of action with specificity invites an Order VII Rule 11 rejection.
Not annexing the documents on which the plaintiff relies (Order VII Rule 14).
Failure to properly value the suit for court fees purposes.
Missing verification paragraph – the plaint is incomplete without it.
Incorrect territorial or pecuniary jurisdiction – thoroughly analyse before filing.

Order VII Rule 11 empowers the court to reject a plaint at the threshold if it does not disclose a cause of action, is barred by limitation, or is insufficiently stamped. A rejected plaint is not res judicata and can be re-filed after correcting deficiencies.

2.2 Court Fees & Stamp Duty in Delhi

Court fees are a critical and often confusing aspect for fresh lawyers. Incorrect court fees lead to rejection or return of the plaint. Delhi follows the Court Fees Act, 1870, as adapted and applied to Union Territories.

How Court Fees Are Calculated

Ad valorem fees (percentage-based): Applicable to suits for money, specific moveable property, or immoveable property. The fee is a percentage of the relief claimed or the value of the property.
Fixed fees: Applicable to suits not capable of money valuation (e.g., suits for injunction, declaration, specific performance where property valuation is disputed, matrimonial matters). In Delhi, fixed court fee for a suit for permanent injunction is typically Rs. 200 (though this amount is subject to revisions; always verify at the filing counter).
Schedule I and II of the Court Fees Act – Schedule I covers suits and appeals; Schedule II covers applications, petitions, etc.

Practical Court Fee Chart – Delhi Civil Courts (Illustrative)

Nature of Proceeding	Court Fee (Approximate / Reference)
Suit for recovery of money up to Rs. 1 lakh	Ad valorem: ~ 7.5% of the amount claimed
Suit for permanent injunction	Fixed fee: Rs. 200 (approx.)
Suit for declaration	Fixed fee: Rs. 200 (approx.)
Suit for specific performance	Ad valorem on agreement value
Application under Section 9 (Arbitration)	Fixed fee at High Court
Writ Petition (High Court)	Rs. 200 (Civil Writ), Rs. 50 (Habeas Corpus)
First Appeal (High Court)	Ad valorem on amount in dispute
Execution Petition	Percentage of decree amount
Matrimonial Petition (Divorce/Maintenance)	Nominal fixed fee

Court fee amounts are revised periodically. Always verify the current rate at the filing counter or with the Stamp Reporter. Deficient court fees lead to an objection and delay admission.

Stamp Duty on Documents

Documents filed as exhibits or relied upon in court must bear proper stamp duty under the Indian Stamp Act, 1899 (as applied to Delhi) or the Indian Stamp Act, 2019 (enacted but implementation may vary).
Agreements, contracts, affidavits, vakalatnamas, power of attorney – each attracts stamp duty. Unstamped or insufficiently stamped instruments are inadmissible in evidence (Section 35, Stamp Act).
At the High Court, the Stamp Reporter examines every document for stamp duty compliance before it is placed before the court.

2.3 Service of Summons & Process

Once a suit is admitted, the court issues summons to the defendant(s) directing them to appear and file their written statement. Service of summons is governed by Order V of the CPC and Sections 27-29 CPC.

Modes of Service

By the court (dak/post): Court sends summons by registered post with acknowledgment due (RPAD). Common default method.
Dasti service (by hand – through advocate's representative): The plaintiff's advocate or their representative delivers the summons personally to the defendant. This is often faster.
Substituted service: Where ordinary service is impracticable, the court can order service by affixing on the defendant's last known address, publication in a newspaper, or both.
Electronic service: Courts increasingly permit service via email or WhatsApp where addresses are confirmed. High Court has specific rules on this.

Practical Steps for Dasti Service

Obtain the summons from the Ahlmad Room after the court issues the order.
Have your registered clerk or an authorised person serve the summons on the defendant personally.
Obtain acknowledgment – either a signature on the duplicate copy or an endorsement.
If refused, the person serving must endorse this fact on the summons itself.
File the process server's report (affidavit of service) before the next date.

Proactive dasti service is almost always faster than relying on the court's process. Where time is of the essence (e.g., interim injunction matters), always opt for dasti service. Courts generally appreciate this diligence.

2.4 Written Statement & Replication

Upon service, the defendant must file a written statement within 30 days (extendable to 90 days under Order VIII Rule 1, CPC). The defendant's failure to file within the statutory period bars filing without court permission.

Key Contents of a Written Statement (Order VIII CPC)

Preliminary objections – jurisdictional, limitation, maintainability issues.
Admission and denial – each allegation in the plaint must be specifically admitted or denied; evasive denial is deemed admission.
Affirmative defences – payment, release, res judicata, waiver, estoppel, etc.
Counter-claim (if any) – must be filed with the written statement and treated as a plaint.
Verification – must be signed and verified, like the plaint.

Replication

After the written statement, the plaintiff may file a replication (reply to written statement) within the time allowed by the court. The replication should address affirmative defences raised by the defendant. It should not introduce new facts or claims not present in the plaint – if new material facts arise, an amendment of plaint under Order VI Rule 17 is the correct route.

2.5 Interlocutory Applications

Interlocutory applications (IAs) are applications filed during the pendency of a suit to seek interim relief or to address procedural matters. They are filed under the relevant provisions of the CPC.

Application Type	CPC Provision / Purpose
Application for temporary injunction	Order XXXIX Rules 1 & 2 – to restrain defendant pending disposal of suit
Application for appointment of receiver	Order XL Rule 1 – to preserve disputed property
Application for attachment before judgment	Order XXXVIII Rule 5 – prevent dissipation of assets
Application to amend pleadings	Order VI Rule 17 – correct or add to pleadings
Application for discovery/inspection	Order XI – compel production of documents
Application for security for costs	Order XXV – require plaintiff to furnish security
Application for summary judgment	Order XIIIA (commercial suits) – dispose of commercial disputes without trial
Application for condonation of delay	Section 5, Limitation Act – explain and condone delays in filing

Every interlocutory application must be accompanied by an affidavit setting out the factual basis. Courts rarely grant oral IAs. File the IA with the substantive matter (where already pending) or with the plaint (if sought ex parte at the threshold).

MODULE 3

Case Initiation – Criminal Proceedings

3.1 FIR, Complaint & Cognizance

Criminal proceedings in Delhi can begin in two primary ways: (a) registration of a First Information Report (FIR) by the police under Section 173 BNSS (formerly Section 154 CrPC), or (b) a complaint filed directly before a Magistrate.

First Information Report (FIR)

An FIR is the first report of a cognizable offence given to the police. Under Section 173 BNSS, the officer in charge of a police station is obliged to register an FIR for any information about a cognizable offence.
The FIR must be reduced to writing, read over to the informant, and signed by the informant. A copy must be given to the informant free of cost and immediately.
Zero FIR: An FIR can be filed at any police station regardless of jurisdiction; it is transferred to the competent station. The Supreme Court in Lalita Kumari v. Govt. of UP (2013) mandated mandatory registration of FIR where the information discloses a cognizable offence.
E-FIR: Delhi Police now accepts e-FIR for specific offences (lost property, minor road accidents, etc.) through the Delhi Police website.

Complaint Before a Magistrate

For non-cognizable offences, or where the police refuse to act on an FIR, a complaint may be filed before a Metropolitan Magistrate or Judicial Magistrate under Section 223 BNSS (formerly Section 190 CrPC).
The Magistrate examines the complaint, records the complainant's statement on oath, and may take cognizance and issue process (summons/warrant) to the accused.
Private complaint under Section 223(1)(a): Filed directly with the court; no police investigation necessarily ordered at the outset. The Magistrate may direct a preliminary inquiry under Section 223 BNSS.
Section 175 BNSS (formerly Section 156(3) CrPC): The Magistrate can direct the police to register an FIR and investigate. This is a powerful remedy where police refuse to act.

Under the BNSS 2023, the section numbers have changed significantly. Keep a reference chart of corresponding CrPC and BNSS sections. Courts are transitioning and sometimes mix references; always check the applicable provision for post-July 2024 matters.

Key BNSS vs CrPC Reference Chart

Subject	CrPC 1973	BNSS 2023
FIR	Section 154	Section 173
Complaint before Magistrate	Section 190	Section 223
Direction to police to investigate	Section 156(3)	Section 175(3)
Bail in bailable offence	Section 436	Section 478
Bail in non-bailable offence	Section 437	Section 479
Anticipatory bail	Section 438	Section 482
Chargesheet / Police Report	Section 173	Section 193
Framing of charge	Section 228 / 240	Section 263 / 276
Statement of accused	Section 313	Section 351
Judgment	Section 353	Section 392

3.2 Chargesheet & Police Report

After investigation, the police must file a report before the Magistrate under Section 193 BNSS (formerly Section 173(2) CrPC). This is commonly called the chargesheet.

Content of the Chargesheet

Names of the accused persons.
Nature of the information / offences alleged.
Names of witnesses.
Whether any accused is in custody or on bail.
Whether a medical or forensic report is awaited.
The final opinion of the investigating officer – whether there is sufficient evidence to prosecute or not.

Filing Timelines for Chargesheet

Custody Status	Chargesheet Deadline
Accused arrested for offence punishable with death, life imprisonment, or imprisonment exceeding 10 years	90 days from arrest (Section 187 BNSS)
Any other offence	60 days from arrest
If chargesheet not filed within time	Accused entitled to bail – 'default bail' / statutory bail under Section 187(2) BNSS

Default bail (statutory bail) under Section 187(2) BNSS is an indefeasible right once the deadline expires and before the chargesheet is filed. Advise detained clients to apply for default bail promptly. Courts have held that once the right accrues, a subsequent chargesheet does not extinguish it (Rakesh Kumar Paul v. State of Assam, Supreme Court).

3.3 Bail Applications

Bail is one of the most common and practically significant aspects of criminal litigation. Understanding the different types of bail and the applicable legal standards is essential.

Types of Bail

Type of Bail	Description & Applicable Provision
Regular Bail (Bailable Offence)	Section 478 BNSS – bail is a right in bailable offences; the court has no discretion to refuse.
Regular Bail (Non-Bailable Offence)	Section 479 BNSS – bail is discretionary; court considers gravity of offence, antecedents, flight risk, likelihood of tampering with evidence.
Anticipatory Bail	Section 482 BNSS – applied for before arrest; the Sessions Court or High Court can grant pre-arrest bail with or without conditions. Available only where there is reasonable apprehension of arrest.
Interim Bail	Bail granted for a limited period (e.g., pending full hearing of bail application or on account of illness, emergency).
Default Bail (Statutory Bail)	Section 187(2) BNSS – arises by operation of law when chargesheet is not filed within prescribed time; accused must apply before chargesheet is filed.
Bail on Appeal / Suspension of Sentence	Sections 430-432 BNSS – granted by appellate courts pending disposal of appeal; court typically considers whether substantial question of law arises.

Factors Courts Consider in Bail (Non-Bailable Offences)

Nature and gravity of the accusation – severity of the alleged offence.
Antecedents of the accused – prior criminal history.
Possibility of fleeing from justice – ties to the community, passport status.
Danger to society if released – especially in organised crime, terrorism cases.
Apprehension of tampering with witnesses or evidence.
Health and age of the accused – courts are generally lenient towards the elderly and infirm (see Satender Kumar Antil v. CBI, SC 2022).
Period of custody already undergone – the Supreme Court in Gudikanti Narasimhulu (1978) held that bail is the rule, jail the exception in non-heinous cases.

Drafting a Bail Application – Key Elements

Court heading and case number.
Full particulars of the accused.
Background of the FIR / complaint (briefly).
Grounds for bail – address each of the above factors.
Personal surety details and proposed bail conditions.
Prayer: 'It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to enlarge the applicant on bail...'
Affidavit of the accused verifying the contents.

File bail applications as early in the day as possible. Most courts take bail applications on urgent basis; however, timing matters. For high courts, a 'mention' can secure an early hearing. Always serve a copy on the Public Prosecutor / APP before the hearing.

3.4 Remand & Custody Procedures

When an arrested person is produced before a Magistrate, the court must decide whether to grant bail or remand the accused to further custody. This procedure under Section 187 BNSS (formerly Section 167 CrPC) is one of the most time-sensitive aspects of criminal practice.

Police Custody vs. Judicial Custody

Type of Custody	Description
Police Custody (PC)	Accused is in the custody of the investigating agency (police/CBI). Maximum period: 15 days in aggregate (extendable to 60 days for specific offences under BNSS). Police can interrogate.
Judicial Custody (JC)	Accused is lodged in jail (Tihar, Mandoli, etc.). Police cannot interrogate without court permission. Continues until bail or conclusion of trial.

Practical Steps at Remand Hearings

The accused must be produced before a Magistrate within 24 hours of arrest (Section 58 BNSS / Article 22, Constitution).
The defence lawyer should be present at the first production; clients often need urgent advice about bail and custody conditions.
Oppose police custody remand strongly if the offence is minor or if the accused has already cooperated.
File a bail application immediately if the facts support it.
Ensure the client understands their right to remain silent – statements made during police custody are inadmissible except in the limited circumstances under Section 23, Indian Evidence Act (now Bharatiya Sakshya Adhiniyam, 2023).

MODULE 4

Writ Jurisdiction & Constitutional Remedies

4.1 Writ Petitions at Delhi High Court

Article 226 of the Constitution empowers the High Court to issue writs, directions, and orders for enforcement of fundamental rights and for any other purpose. The Delhi High Court's writ jurisdiction covers the entire NCT of Delhi, making it one of the busiest writ courts in India.

The Five Writs – Comparative Overview

Writ	Meaning / Purpose	Common Use Cases in Delhi HC
Habeas Corpus	"Produce the body" – challenges unlawful detention	Challenging illegal detention, custody issues, missing persons
Mandamus	"We command" – compels a public authority to perform its legal duty	Compelling government officers to act, grant licences, process applications
Prohibition	"To prohibit" – prevents an inferior court/tribunal from exceeding jurisdiction	Rare; used against tribunals acting without jurisdiction
Certiorari	"To be certified" – quashes orders of inferior courts/tribunals	Challenging orders of quasi-judicial bodies, tribunals, administrative authorities
Quo Warranto	"By what authority" – challenges a person's right to a public office	Challenges to unauthorised exercise of public office

Filing a Writ Petition at Delhi HC – Step by Step

Draft the writ petition – the petition must identify the respondent as a State or authority amenable to writ jurisdiction. Clearly identify the fundamental right infringed or the legal duty violated.
Prepare the paper book – comprising the writ petition, supporting affidavit, list of dates, synopsis, and annexures (impugned order, representations, communications).
e-File the petition through the Delhi HC e-filing portal (e-filing is mandatory).
Pay court fees – Rs. 200 for civil writs; Rs. 50 for habeas corpus.
Stamp Reporter examination – the Registry examines the petition and raises objections (if any). Cure defects promptly.
Listing – once cleared, the matter is listed before the appropriate Bench. Fresh matters usually appear before a Roster Judge.
Mentioning for urgent relief – if urgent interim relief (stay, injunction, habeas corpus) is needed, mention the matter before the concerned judge or the mentioning judge at the start of the court day.

Grounds for Writ Petition

Violation of fundamental rights (Articles 12-35).
Lack of jurisdiction of the authority (an authority acting beyond its legal competence).
Error apparent on the face of the record – a legal error evident without further inquiry.
Violation of principles of natural justice – no notice, no hearing, no reasoned order.
Mala fides – the impugned action is motivated by malice.
Unreasonableness – applies to delegated legislation; Wednesbury unreasonableness.

Writ jurisdiction is discretionary. Courts routinely refuse writs where (a) an alternative efficacious remedy exists (appeal, revision), (b) the petition is filed with undue delay, (c) the petitioner is not acting in good faith. Always address these three points proactively in the petition.

4.2 Public Interest Litigation (PIL)

PIL is a unique Indian development that allows any person to approach the High Court (Art. 226) or Supreme Court (Art. 32) in the public interest, without being personally aggrieved. Delhi HC receives a significant volume of PILs on issues of urban governance, environment, civic amenities, and fundamental rights of marginalised groups.

Key Features of PIL Practice

The petitioner need not be personally aggrieved; any public-spirited person may file.
Court fees are minimal or waived; access is therefore broad.
The court can mould relief and often continues the matter with periodic reporting by government agencies.
PIL is not available for private disputes dressed up as public interest (see S.P. Gupta v. Union of India, 1981, and the subsequent cautionary note in Balco Employees Union v. Union of India, 2002).
Delhi HC has specific PIL Filing Guidelines; review them carefully before filing.

Junior lawyers should approach PIL with caution. Filing a frivolous PIL attracts costs and can create reputational risk. Ensure the matter genuinely concerns a public cause and that sufficient factual foundation exists. Many successful PIL outcomes in Delhi relate to road safety, pollution, and housing rights of slum dwellers.

4.3 Letters Patent Appeals

A Letters Patent Appeal (LPA) lies from the judgment of a Single Judge of the Delhi High Court to a Division Bench (two judges). LPAs are governed by the Letters Patent of the High Court.

When Does an LPA Lie?

From a judgment of a Single Judge in the exercise of original civil jurisdiction (i.e., commercial suits, testamentary matters, company matters heard originally by the HC).
From certain final orders in writ matters – the law on whether an LPA lies from a writ order is complex and contested; the Supreme Court in Indu Shekhar Singh (2011) and subsequent decisions has limited LPA in writ matters.
Does NOT lie from an appellate or revisional order – since the High Court is then not exercising original jurisdiction.

LPA vs. Intra-Court Appeal

For practical purposes, the LPA is the mechanism for correcting a Single Judge's error within the High Court, without going to the Supreme Court on a costly SLP. Filing requirements mirror a writ petition; the paper book format is identical. LPAs are heard by two senior judges (Division Bench) of the High Court.

MODULE 5

Understanding Court Procedures & Daily Practice

5.1 Reading the Cause List

The Cause List is the daily schedule of cases listed before each court. Mastering the cause list is a fundamental skill – it tells you where your case is, what stage it is at, and what is expected of you that day.

How the Cause List is Published

Delhi district courts publish cause lists on the district court's official website (e.g., www.delhidistrictcourts.nic.in) and on the Digital Court Display Boards within the court complex.
The Delhi High Court cause list is available on the HC website (delhihighcourt.nic.in) and the National Judicial Data Grid (NJDG).
Cause lists are typically published the previous evening for the following day (around 6–8 PM). Make it a habit to check the list every evening.

Decoding the Cause List

A typical cause list entry contains the following information:

Column / Field	What It Means
Serial No.	Position in the day's list. Lower serial numbers are generally heard first (but not always – the judge controls order).
Case No. / CNR	Unique case identifier. The format is typically: CS(OS)/1234/2024 (Civil Suit, Original Side, number, year).
Parties	Plaintiff/Petitioner vs. Defendant/Respondent.
Advocate Names	Advocates appearing for each side.
Stage / Purpose	What the matter is listed for: 'For hearing on IA', 'For arguments', 'For framing of issues', 'For evidence', 'For judgment', etc.
Court No.	Which courtroom. Familiarise yourself with the physical layout of the court complex.
Mark	"DB" = Division Bench; "SB" = Single Bench; "CMM" = Chief Metropolitan Magistrate; etc.

Types of Lists

Main Board / Daily Board: Cases listed for substantive hearing that day.
Supplementary List: Cases added after the main list is published.
Final Cause List: Consolidated list of all matters after all additions/removals.
Urgent List / Mentioning List: At Delhi HC, urgent matters are listed on a separate mentioning list before the regular list begins.

Print or screenshot the cause list for all your matters every morning. On high court days, also check the list at least one more time after reaching court, as additions and changes happen until the morning. Having the case numbers handy prevents fumbling in court.

5.2 The Ahlmad Room

The Ahlmad Room is arguably the most important operational unit in a district court for a practising lawyer. The word 'Ahlmad' derives from Arabic ('Ahl' – people, 'mad' – document keepers), and these officials are custodians of all court records.

Functions of the Ahlmad

Custody of case files: All original files (plaints, written statements, exhibits, orders) are kept in the Ahlmad Room when not in the courtroom.
File movement: The Ahlmad brings files from the room to the courtroom on the hearing date and returns them after.
Receiving documents: When you file new documents (affidavits, applications, evidence), they go through the Ahlmad.
Date information: Can confirm the next date in a matter.
Certified copies: Applications for certified copies of orders are processed through the Ahlmad.

How to Interact with the Ahlmad

Address them respectfully; they exercise significant practical control over file management.
Always identify yourself by name and Bar membership. Give the case number clearly.
Carry your case numbers in writing – shouting case numbers in a busy Ahlmad room is counterproductive.
If a file is missing or misfiled, do not panic. Request the Ahlmad to check the 'Record Room' or adjacent cases.
For urgent matters (e.g., bail, injunction), politely ask the Ahlmad to locate the file before the judge takes up the matter.

Never attempt to handle or remove a court file from the Ahlmad Room without explicit permission. Tampering with court records is a criminal offence under Section 466 of the Bharatiya Nyaya Sanhita, 2023 (IPC Section 466 equivalent) and an act of contempt.

5.3 Court Masters & Court Stamps

At the Delhi High Court, each judge has a designated Court Master (sometimes called a Private Secretary). Court Masters are the first point of contact for practitioners seeking to communicate with the court outside of open court proceedings.

Role of the Court Master

Mentioning: Receives 'mentioning slips' from advocates seeking urgent listing or date change.
Managing the judge's list: Can confirm whether a matter will be taken up on a given day.
Passes orders for file: After an order is pronounced in court, the Court Master ensures it is correctly drafted, sealed, and released.
Urgent applications: Routes urgent applications (injunction, habeas corpus) to the judge for immediate attention.
Communication conduit: Can convey that a matter is urgent or that a party has a transport/logistical constraint – but only in a professional, formal manner.

Court Stamps

Court stamps are official seals affixed to orders, decrees, and certified copies. The stamp authenticates the document. There are two types:

Court Seal/Stamp on Orders: Affixed by the court staff after the order is signed by the judge. This seal makes the order an official court record.
Court Fee Stamps: Revenue stamps affixed on documents to indicate payment of court fees. These must be properly cancelled (by writing across the stamp) when affixed.
'True Copy' Stamp: When you submit photocopies of documents as exhibits, the advocate must stamp them as 'True Copy' with their personal stamp and sign them.

Carry a rubber stamp with your name, enrollment number, and 'True Copy' inscription. Courts will reject unformalised copies. Also carry your personal stamp for signing affidavits and vakalatnamas.

5.4 Mentioning, Passover & Adjournments

Three of the most frequently encountered procedural situations in daily court practice are mentioning (seeking urgent attention), passover (postponing within the day's list), and adjournments (seeking a new date).

Mentioning

Mentioning is the process of bringing a matter to the court's immediate attention – typically to seek urgent listing, early hearing, or to flag a development.
At the Delhi High Court, mentioning is done at the start of the court day (10:30 AM – 11:00 AM). The advocate presents a mentioning slip to the Court Master of the concerned judge, stating the case number, reason for urgency, and relief sought.
At District Courts, the advocate rises when the court is assembled and mentions the matter before the Judge's Reader, requesting that the matter be taken up early.
Mentioning is for genuinely urgent matters. Overuse for non-urgent purposes creates an impression of poor professional judgment.

Passover

Passover means requesting the court to skip your matter's turn in the day's list and take it up later in the day.
Common reasons: waiting for the opposing counsel to arrive, documents being prepared, a witness to arrive.
At the High Court: pass-overs are signalled to the Court Master or announced in court. At District Courts: advocate informs the Reader.
There is typically a maximum of two pass-overs permissible in a day before the matter is compulsorily taken up or stood over to the next date.
Use passover sparingly. Courts that see habitual passover requests may begin imposing costs.

Adjournments

Adjournments – requests for a new date – are the most contested procedure in Indian civil litigation. The Supreme Court in Salem Advocate Bar Association v. Union of India (2005) and the Law Commission have repeatedly emphasised that adjournments are the primary cause of delay. The CPC amendments (2002) imposed strict limits:

Order XVII Rule 1 CPC (post-2002 amendment): A court may grant a maximum of three adjournments per party per case during the hearing stage (arguments / evidence). Additional adjournments must be supported by good cause and may be granted with costs.
Grounds accepted by courts: Illness of advocate (with medical certificate), genuine urgency, non-service of process, absence of an essential witness.
Practice tip for adjournment applications: Always file a written application stating the reason, the number of adjournments already granted, and the urgency. A verbal request for adjournment is weaker.
Costs on adjournment: Courts increasingly award costs against the party seeking unnecessary adjournment. These costs are payable to the opposing party.

The Delhi High Court has specific case management guidelines under the Delhi High Court (Original Side) Rules and the Commercial Courts Practice Directions that impose strict timelines. In commercial suits, case management hearings are mandatory and adjournments are extremely discouraged. In Commercial Courts, costs for adjournments can be significant.

5.5 Filing Documents & Applications During Pending Matters

Once a suit or petition is pending, all subsequent filings must follow the court's prescribed procedure. Mis-filing is a common error that causes delay and sometimes irreparable prejudice.

General Filing Steps for a Pending Matter

Prepare the document (affidavit, application, reply, written arguments, etc.) with the case number prominently on the first page.
Present at the filing counter of the relevant court's Ahlmad Room or the court's registry.
The filing counter clerk will register the document in the case diary and endorse the filing date.
Obtain a copy of the filed document with the filing clerk's endorsement/stamp – this serves as proof of filing.
Serve a copy of the filed document on the opposing counsel (with a covering letter).
Confirm with the Ahlmad or Court Master that the filed document has been placed in the file before the next hearing.

In digital/e-courts (which Delhi is progressively implementing), documents are filed through the e-filing portal. Download and retain the electronic filing receipt. Print a physical copy and carry it to court – judges occasionally ask when a document was filed.

MODULE 6

Trial Procedures – Civil

6.1 Framing of Issues (Order XIV, CPC)

After pleadings are complete (plaint, written statement, and replication), the court proceeds to frame issues. Issues are the specific questions of fact and law that are disputed between the parties, which the court must answer to adjudicate the suit.

Types of Issues

Issues of fact: Dispute about what actually happened (e.g., 'Was there a valid agreement between the parties on 1 January 2023?').
Issues of law: Dispute about the applicable legal position (e.g., 'Is the suit barred by limitation?').
Mixed issues of fact and law: Most issues contain elements of both.

Procedure for Framing Issues

The court reads the pleadings and identifies areas of dispute.
Both advocates may suggest issues. The court is not bound by suggested issues and may frame additional issues.
The order framing issues is pronounced. After this, the parties cannot ordinarily raise new disputes without amendment of pleadings.
Preliminary issues (jurisdictional, limitation, maintainability) may be framed separately and tried first – this avoids a full trial on a case that may be dismissed at the threshold.

When the matter is scheduled for framing of issues, prepare a draft list of issues reflecting your client's position. Present them in writing to the court. A well-framed issue is a powerful tool – it defines the battlefield for the trial.

6.2 Evidence & Examination

After issues are framed, the case enters the evidence stage. This is often the most protracted phase of civil litigation. Delhi's civil courts follow the Evidence Act, 1872 (now replaced by the Bharatiya Sakshya Adhiniyam, 2023 with effect from 1 July 2024).

The Three Stages of Witness Examination

Stage	Description & Practical Notes
Examination-in-Chief	The witness's own lawyer elicits their evidence. In civil suits, the examination-in-chief is almost universally done by affidavit (Order XVIII Rule 4 CPC, as amended in 2002). The witness files an affidavit of evidence, which substitutes for oral examination-in-chief. Leading questions are NOT permitted. The affidavit must be filed in advance of the date fixed for evidence.
Cross-Examination	The opposing counsel questions the witness to challenge their credibility, expose inconsistencies, and elicit facts favourable to the cross-examiner's client. Leading questions ARE permitted. This is the most critical advocacy skill. Cross-examination must be focused and purposeful – long, rambling cross-examination often hurts more than it helps.
Re-Examination	The witness's own lawyer may re-examine on matters arising out of cross-examination only. New matters cannot be introduced without permission. Re-examination should be brief and focused.

Affidavit of Evidence – Drafting Tips

The affidavit must be in the first person and should narrate facts within the deponent's personal knowledge.
Documents must be identified in the affidavit and exhibited with proper exhibit marks (e.g., 'Exhibit P-1', 'Exhibit D-1').
The affidavit must be sworn before an oath commissioner, notary, or magistrate.
After filing, the affidavit is read into the record. The witness then appears for cross-examination on the date fixed.

Handling Documentary Evidence

Primary evidence is the original document itself (Section 57, Bharatiya Sakshya Adhiniyam).
Secondary evidence (certified or examined copies) is admissible only when primary evidence is unavailable and the court permits.
Documents must be proved and exhibited through a witness who can speak to their authenticity.
Always prepare an exhibit list before each evidence date, showing: Exhibit number, Description of document, Party relying on it, Whether proved or to be proved.

6.3 Interim Injunctions & Orders

Interim injunctions are one of the most litigated aspects of civil law. They are sought to preserve the status quo pending final adjudication of the suit.

Three-Pronged Test (Order XXXIX Rules 1 & 2 CPC)

Prima Facie Case: The plaintiff must show that they have a arguable case on merits – not certainty of success, but a triable issue.
Balance of Convenience: Whether the inconvenience caused to the plaintiff by refusing the injunction is greater than the inconvenience caused to the defendant by granting it.
Irreparable Injury: Whether the plaintiff will suffer harm that cannot be adequately compensated in money if the injunction is refused.

Types of Interim Orders

Status quo order: Maintains the present state of affairs (possession, relationship, transaction) until further orders.
Ad interim ex parte injunction: Granted without hearing the defendant, in cases of extreme urgency. The court must hear the defendant on the next date.
Interim injunction: Granted after hearing both sides; remains in force until the suit is decided.
Mandatory injunction: Compels the defendant to do a positive act (rarer than prohibitory injunctions).
Mareva injunction / asset freezing order: Courts in Delhi have granted these in commercial matters to freeze assets pending trial.

When seeking an ex parte injunction, the advocate has a heightened duty to make full and frank disclosure to the court. Suppression of material facts at the ex parte stage is ground for vacating the injunction and imposing costs (see Morgan Stanley Mutual Fund v. Kartick Das, SC 1994).

6.4 Final Arguments & Judgment

After evidence is concluded, the case is set down for final arguments. This is the advocate's opportunity to synthesise the evidence, apply the law, and persuade the court.

Written Arguments

Courts in Delhi routinely require parties to file written arguments before or simultaneously with oral arguments (Order XVIII Rule 2 CPC).
Written arguments should be structured: (a) factual background, (b) issues to be decided, (c) arguments on each issue with references to evidence and law, (d) prayer.
Cite all case laws with full citations (AIR / SCC references; now also increasingly SCCOnline and Manupatra references).
Written arguments are part of the court record and may be considered by the judge even if oral time is limited.

Oral Arguments

Open with a brief synopsis of the case to orient the judge.
Structure arguments issue-by-issue, referencing the framed issues.
Keep a law brief (compendium of judgments) tabulated and ready to hand to the judge.
Be concise. Delhi courts are overburdened; judges appreciate focused, time-efficient arguments.
Address adverse judgments proactively and distinguish them.

Judgment & Decree

After arguments, the court pronounces judgment – either on the same day or on a reserved date. In civil cases, the judgment is followed by a **decree** (the formal expression of the adjudication on rights). Key points:

The decree must conform to the judgment (Order XX Rule 6 CPC).
Request the court to pass the decree promptly; in practice, decrees are sometimes delayed.
The decree is the starting point for execution proceedings.

MODULE 7

Trial Procedures – Criminal

7.1 Framing of Charge

In criminal trials, after the court takes cognizance and the accused is before the court, the next crucial stage is the framing of charge. The charge specifies the exact offence(s) the accused is alleged to have committed and must be read out to the accused.

Sessions Trial – Charge Framing (Section 263, BNSS)

Before framing charge, the court considers the chargesheet, police report, and documents submitted by the prosecution.
Discharge: If the court finds insufficient grounds, it discharges the accused (Section 259, BNSS). This is the defence's first major opportunity to contest the case.
Framing of Charge: If there is prima facie evidence, the court frames the charge and reads it to the accused in open court. The accused may plead guilty or not guilty.
A plea of guilty must be an informed, voluntary admission. The court does not accept a plea of guilty in capital offence cases (Section 263(3) BNSS).

Magistrate Trial – Charge Framing (Section 276, BNSS)

In Magistrate trials (warrant cases), the Magistrate frames the charge after hearing the prosecution's material.
In summons cases (minor offences), a formal charge is not framed; the substance of the accusation is stated to the accused.
Sections 277-278 BNSS: The accused may plead guilty before the Magistrate and be convicted without full trial.

When appearing for the accused at the charge framing stage, carefully review the chargesheet and all annexures beforehand. Prepare a detailed discharge application if the evidence is insufficient. The discharge stage is your client's best chance to exit the criminal justice process early.

7.2 Examination of Witnesses – Criminal

After charges are framed and the accused pleads not guilty, the prosecution leads its evidence. The procedure follows Sections 303-330 BNSS.

Prosecution Evidence

The prosecution examines its witnesses (including the investigating officer, complainant, medical officer, forensic experts).
Each prosecution witness is examined-in-chief by the Public Prosecutor and then cross-examined by the defence.
Hostile witness: If a prosecution witness contradicts the prosecution's case, the prosecutor may apply to treat the witness as hostile and cross-examine them (Section 188, Bharatiya Sakshya Adhiniyam).

Cross-Examination Strategy for Defence

Objective: Expose inconsistencies in the witness's testimony; challenge credibility; elicit facts favourable to the defence.
Never ask a question without knowing (approximately) what the answer will be.
Confront the witness with previous statements (FIR, Section 161 statements) when they contradict oral testimony.
Keep cross-examination focused on issues relevant to the charge. Irrelevant tangents waste time and irritate the judge.
Suggestive cross-examination ('Isn't it true that...') is more powerful than open-ended questions in criminal trials.

7.3 Statement of the Accused (Section 351, BNSS)

After the prosecution evidence is complete, the court examines the accused under Section 351 BNSS (formerly Section 313 CrPC). This is a crucial stage – it is the only formal opportunity for the accused to explain adverse evidence without being under oath or subject to cross-examination.

Key Features of Section 351 BNSS Examination

The court puts to the accused every incriminating circumstance appearing in the prosecution evidence.
The accused may explain, deny, or refuse to answer any question. Silence or denial is not guilt, but an adverse inference may arise in certain circumstances.
The accused is NOT required to take oath. Statements under this section are not evidence but may be taken into account in favour of the accused.
The defence lawyer should prepare the accused carefully for this examination – draft model answers to each likely question and review all prosecution evidence beforehand.

Defence Evidence

After the Section 351 examination, the accused may lead defence evidence (Section 352, BNSS).
The defence is under no obligation to lead evidence; the burden of proof is on the prosecution.
However, in matters where the accused claims a specific affirmative defence (alibi, insanity, private defence), leading evidence is advisable.
Defence witnesses are examined-in-chief by the defence and cross-examined by the Public Prosecutor.

7.4 Final Arguments & Judgment in Criminal Cases

After all evidence is complete, the court hears final arguments from both sides. In sessions trials, the Public Prosecutor argues first, followed by the defence. In Magistrate trials, the prosecution argues first.

Criminal Arguments – Key Points

Structure arguments around the elements of the offence charged – show that the prosecution has not proven each element beyond reasonable doubt.
Reference medical evidence, forensic reports, and scientific evidence carefully; challenge chain of custody.
In murder or heinous cases, prepare a separate argument on sentencing in case the court convicts.
The standard is proof beyond reasonable doubt – not preponderance of probabilities (the civil standard). Emphasise this clearly.

Judgment & Sentence

If convicted, the court must hear the accused on the question of sentence (Section 391, BNSS) before passing the sentence order.
Mitigation arguments: family circumstances, age, first offence, employment, remorse, health.
Immediately on conviction, advise the client about their right to appeal and the possibility of applying for bail pending appeal (suspension of sentence).

MODULE 8

Post-Judgment Procedures

8.1 Certified Copies of Orders & Judgments

Obtaining certified copies of court orders and judgments is one of the most routine yet practically important tasks in litigation. Certified copies are required for appeals, enforcement, reference, and client files.

Procedure for Obtaining Certified Copies at District Courts

Locate the order/judgment: Confirm the date of the order and the case number.
File an application for certified copy at the Copying Branch / Ahlmad Room of the concerned court. The application must specify: case number, date of the order, nature of the order, number of copies required.
Pay the requisite fee: Copying charges are prescribed (typically Rs. 2-5 per page plus a fixed application fee). Pay at the Cash Branch and produce the receipt.
Collect the copy: The copying branch prepares the copy and seals it with the court stamp. Collection time varies: urgent copies (e.g., for bail) may be available same day; routine copies take 2-7 days.
Verify the copy: Before using the certified copy, verify that the case number, date, parties' names, and the text of the order match the original as you saw it pronounced.

Certified Copies at the Delhi High Court

Applications for certified copies are made to the Copying Branch of the High Court Registry.
E-copies of orders are available on the HC website for many orders (especially post-2018). These are not 'certified copies' for legal purposes but are useful for quick reference.
For appellate purposes, always obtain a physical certified copy with the court seal.

Keep a record of all applications for certified copies – the application number, date of application, and date of collection. This record is important if the copy is delayed or if there is a dispute about when you had knowledge of an order (limitation periods for appeals run from the date of knowledge or the date the certified copy is ready, whichever is relevant).

8.2 Execution Proceedings (Order XXI, CPC)

A decree is not self-executing. To realise the benefit of a civil decree, the decree-holder must apply for execution. Execution proceedings under Order XXI, CPC are complex and often protracted.

Forum for Execution

The decree may be executed by the court that passed it OR transferred to the court within whose jurisdiction the judgment-debtor resides or has property (Section 38-42 CPC).
A court of a higher pecuniary jurisdiction can execute a decree of a lower court.

Modes of Execution

Mode of Execution	Applicability
Attachment of property	Moveable or immoveable property of the judgment-debtor is attached and subsequently sold to realise the decree amount.
Arrest and detention	In cases of wilful non-payment (limited categories; civil jail). Subject to constitutional scrutiny.
Appointment of receiver	Court appoints a receiver to manage and sell attached property.
Attachment of salary / wages	Portion of salary deducted by court's direction in garnishee proceedings.
Delivery of possession	For decrees for specific immoveable property; court sends bailiff to deliver physical possession.
Injunction enforcement (contempt)	For breach of injunction decrees; contempt proceedings are the enforcement mechanism.

Execution Application – Key Contents

Name and description of the decree-holder and judgment-debtor.
Date of the decree and court that passed it.
Whether any appeal is pending; whether the decree has been stayed.
Amount due under the decree (with interest, if any).
Mode of execution sought.
Description of property sought to be attached (with location, survey numbers, etc.).

In execution proceedings involving immoveable property in Delhi, always verify the property's registration at the Sub-Registrar's office and confirm that the judgment-debtor's name appears in the property records before moving for attachment. Attach immoveable property before moving for its sale.

8.3 Appeals & Revisions

The right of appeal is a fundamental component of the rule of law. The appellate structure in Delhi courts ensures that erroneous orders can be corrected. Understanding where and how to appeal is critical.

Civil Appeals – Hierarchy

Original Court	Appellate Forum	Type of Appeal
Civil Judge (Junior/Senior Division)	District Judge	First Appeal (Order XLIII, CPC)
District Judge (Original Jurisdiction)	Delhi High Court	First Appeal under Section 96 CPC
Delhi High Court (Single Judge – Original)	Division Bench (LPA)	Letters Patent Appeal
Delhi High Court	Supreme Court	Special Leave Petition (Art. 136)

Limitation Periods for Civil Appeals

Appeal Type	Limitation Period
First Appeal to District Court (from Munsiff's decree)	30 days from date of decree
First Appeal to High Court (from District Court)	90 days from date of decree
Second Appeal to High Court	90 days from date of decree
Letters Patent Appeal	30 days from Single Judge's order
Special Leave Petition (Supreme Court)	90 days from date of order

Criminal Appeals

Court of Conviction / Order	Appellate Forum	Provision (BNSS)
Metropolitan Magistrate	Sessions Court	Section 415 BNSS
Sessions Court (conviction)	Delhi High Court	Section 418 BNSS
Delhi High Court (Single Judge)	Division Bench / Supreme Court	Section 454 BNSS / Art. 136
Delhi High Court (Division Bench)	Supreme Court	Special Leave Petition

Revision Petitions

Civil Revision (Section 115 CPC): Lies to the High Court against interlocutory orders of subordinate courts involving jurisdictional errors. The power is discretionary and limited.
Criminal Revision (Section 438 BNSS): The High Court or Sessions Court can call for the record of any proceeding and pass appropriate orders. Does not lie where appeal is a remedy.

8.4 Review & Curative Petitions

These are the final avenues to challenge court orders, available only in limited circumstances.

Review Petition

Civil (Order XLVII, CPC; Section 114 CPC): Review lies before the same court that passed the decree/order. Grounds: discovery of new matter not in existence at the time of judgment, error apparent on the face of the record, other sufficient reason.
Constitutional (Article 137): Supreme Court can review its own judgment.
Limitation: 30 days from the date of the order sought to be reviewed.

Curative Petition

Lies only to the Supreme Court; introduced in Rupa Ashok Hurra v. Ashok Hurra (2002).
Available only after a review petition has been dismissed.
Grounds are extremely narrow: violation of principles of natural justice; judge's undisclosed conflict of interest.
Must be certified by a Senior Advocate as meritorious.

MODULE 9

Practical Skills & Documentation

9.1 Legal Drafting Essentials

The quality of legal drafting is the single most visible indicator of a lawyer's competence to both judges and senior advocates. Drafting is a skill developed through practice, but certain principles apply universally.

Universal Drafting Principles

Clarity above all: If a sentence requires re-reading to understand, rewrite it. Judges read hundreds of documents; clarity is a professional courtesy.
One sentence, one idea: Complex multi-clause sentences obscure the argument. Break them.
Use active voice: 'The defendant breached the contract' is clearer than 'The contract was breached by the defendant.'
Avoid legalese where plain English works: 'Hereinafter referred to as' can simply be '(hereinafter, "X")'.
Be specific about dates, amounts, and parties: Never say 'a large sum of money' when you mean 'Rs. 15,00,000'.
Structure with headings and paragraphs: Long, undivided text blocks are reader-hostile.
Verify every citation: Case laws must be cited correctly with year, volume, and page. An incorrect citation undermines the entire argument.

Document-Specific Drafting Guidelines

Document	Key Drafting Points
Plaint	Causa of action must be complete; verification is mandatory; value for court fees must be calculated; documents must be listed.
Written Statement	Each allegation must be specifically admitted or denied; preliminary objections precede all else; counter-claim (if any) at the end.
Writ Petition	Synopsis + list of dates is mandatory; reliefs must be precisely worded; grounds must cite constitutional provisions; urgency must be justified.
Bail Application	Factual accuracy essential; grounds must address the legal framework; surety details must be complete and realistic.
Affidavit	First person; only facts within personal knowledge; deponent must sign each page; oath before competent authority.
Written Arguments	Issue-structured; evidence references must be to exhibit numbers and page numbers; citation format must be consistent.
Appeal Memo	Must identify the specific error in the impugned order; grounds of appeal must be concise and numbered.

9.2 Record-Keeping & File Management

A junior lawyer who manages files well will build trust with clients and senior colleagues far more quickly than one who is brilliant in court but disorganised. Sound file management is a professional discipline.

The Physical Case File

Maintain a separate physical folder for each matter with the following sections:
Section A – Court Orders & Notices
Section B – Pleadings (Plaint / WS / Replication / Petition)
Section C – Applications & Replies
Section D – Evidence (Affidavits, Exhibits)
Section E – Correspondence (with client, opposing counsel)
Section F – Case Law used / to be used
Label each document with the case number and date. Never mix documents from different matters.
Maintain a case diary for each matter: record every hearing date, what transpired, who was present, the next date, and pending tasks.

Digital Records

Maintain digital copies of all documents filed and received.
Use a naming convention: 'CaseNo_DocumentType_Date' (e.g., 'CS1234_2024_Plaint_20240115').
Back up digital files to a cloud service (Google Drive, OneDrive). Hard drive failures are common and irreversible.
Keep a master Excel or spreadsheet tracker of all matters: case number, court, parties, next date, stage, pending tasks.

Client confidentiality applies to digital records as much as physical ones. Use strong passwords; do not use personal email accounts for client matters. The Bar Council of India's professional conduct rules require confidentiality of client information.

9.3 e-Filing & Technology in Delhi Courts

Delhi courts are at the forefront of technology adoption in India's judicial system. e-Filing is now mandatory at the Delhi High Court and is progressively being rolled out at district courts. Junior lawyers must be comfortable with these platforms.

Delhi High Court e-Filing Portal

URL: efiling.delhihighcourt.nic.in
Required: Advocate's enrolment number, personal details, and digital signature certificate (DSC) or Aadhaar-based e-Sign.
All new matters at the Delhi HC must be filed electronically.
Physical filing at the counter is still accepted in limited circumstances (emergencies, system unavailability).

District Courts – e-Courts

Delhi's district courts are integrated into the eCourts platform (ecourts.gov.in).
Case status, next dates, and orders can be tracked online using the CNR number.
e-Payment of court fees is available at some courts; check the specific court's portal.
The Nyay Kaushal App (eCourts mobile app) provides mobile access to case status.

Digital Signature Certificate (DSC)

A DSC is a legal requirement for e-Filing at the High Court. Obtain a Class 3 DSC from a licensed Certifying Authority (e.g., eMudhra, NSDL).
The DSC is valid for 1-3 years and must be renewed. Keep a calendar reminder well in advance of expiry.
A valid Bar Council of India membership ID is required for the application.

Register on the eCourts portal with all courts where you regularly practice. Setting up SMS/email alerts for case updates is a practical way to stay informed without manually checking every case every day.

9.4 Professional Ethics & Conduct

Professional ethics are not merely aspirational – they are enforceable obligations under the Advocates Act, 1961 and the Bar Council of India Rules, Part VI. Violations can result in suspension or permanent disbarment.

Core Duties of an Advocate

Duty	Content
Duty to the Court	Not to mislead the court; not to abuse the court's process; not to make scandalous allegations without foundation; maintain respectful conduct.
Duty to the Client	Maintain confidentiality; act in client's best interest; not accept briefs in conflicts of interest; not withdraw from a brief without reasonable cause.
Duty to the Opponent	Not suppress evidence; communicate only through the opposing counsel (not directly with the opposing party); extend professional courtesies.
Duty to Society	Contribute to pro bono legal aid; uphold constitutional values; not assist in illegal or fraudulent activities.
Duty to the Profession	Not share fees with non-advocates; not advertise services; not practice in courts where a relative is a judge.

Fee Agreements & Briefing

Senior advocates can only be briefed through a junior advocate (the 'junior-senior' briefing system).
Fee arrangements should be clear from the outset. It is good practice to confirm fees in writing (an engagement letter).
Contingency fees (payment only on winning) are technically not permitted under BCI Rules, though the practice exists informally. Be cautious.
Maintain financial records of all fees received. Professional bank accounts separate from personal accounts are strongly advisable.

Avoiding Common Ethical Pitfalls

Don't give guarantees to clients about case outcomes. You are an officer of the court, not a hired gun with a promised result.
Don't appear in matters where you are a witness or have a personal interest.
Don't coach witnesses – you may prepare a witness as to the procedure, but not tell them what to say.
Dress code compliance is non-negotiable – an advocate appearing out of uniform may be required to leave the court.
Don't disparage other advocates before clients or in court. Maintain professional solidarity.

Register yourself on the Bar Council of Delhi's portal and ensure your annual practising certificate is renewed. Practising without a valid certificate is an offence. Enrol in the Bar Council of Delhi's legal aid schemes and continuing legal education programs – this builds both skills and professional networks.

COMPREHENSIVE QUICK-REFERENCE GUIDE

At-a-Glance: Daily Checklist for a Junior Advocate in Delhi

Check the cause list for all pending matters the previous evening.
Confirm next dates and stages for each matter.
Prepare documents, applications, or arguments required for tomorrow's matters.
Carry vakalatnamas, original instructions, and client contact details for every matter.
Arrive at the court complex at least 30 minutes before the court assembles.
Check the physical board / display board at the court for any updates.
Interact with the Ahlmad / Reader to confirm file status for urgent matters.
After court: update the case diary with the day's outcomes and next date.
Draft and file any documents arising from today's orders promptly.

Common Abbreviations in Delhi Court Practice

Abbreviation	Full Form	Context
CS(OS)	Civil Suit (Original Side)	HC original civil suits
W.P.(C)	Writ Petition (Civil)	Civil writs at HC
W.P.(Crl)	Writ Petition (Criminal)	Habeas corpus etc.
CRL.A.	Criminal Appeal	Criminal appeals at HC
FAO	First Appeal from Order	Interlocutory appeals
LPA	Letters Patent Appeal	Division Bench at HC
IA	Interlocutory Application	Interim applications
SLP	Special Leave Petition	Supreme Court
SC/ST	Scheduled Caste / Scheduled Tribe	Reservation/protection matters
NDPS	Narcotic Drugs & Psychotropic Substances	Drug offences
POCSO	Protection of Children from Sexual Offences Act	Child protection cases
PMLA	Prevention of Money Laundering Act	Economic offences
IBC	Insolvency and Bankruptcy Code	NCLT matters
APP	Additional Public Prosecutor	State counsel in criminal
PP	Public Prosecutor	Senior state criminal counsel
CNR	Case Number Record	Unique case ID in eCourts
NJDG	National Judicial Data Grid	Pan-India case tracking
BNS	Bharatiya Nyaya Sanhita 2023	Replaced IPC
BNSS	Bharatiya Nagarik Suraksha Sanhita 2023	Replaced CrPC
BSA	Bharatiya Sakshya Adhiniyam 2023	Replaced Evidence Act

Critical Limitation Periods – Quick Reference

Matter / Application	Limitation Period
Suit for recovery of money	3 years from date the right to sue accrues
Suit for possession of immoveable property	12 years from date of dispossession
Suit on mortgage	30 years (mortgage by deposit of title deeds)
Application for execution of decree	12 years from date the decree becomes enforceable
First appeal to District Court	30 days from decree
First appeal to High Court	90 days from decree
Revision to High Court	90 days from order
SLP to Supreme Court	90 days from final HC order
Review petition	30 days from judgment
Filing FIR (no limitation)	No limitation period for cognizable offences
Protest petition against final report	No prescribed limitation, but file promptly
Anticipatory bail application	File before arrest; no statutory time limit

RECOMMENDED RESOURCES & BIBLIOGRAPHY

Essential Statutes & Rules

Code of Civil Procedure, 1908 (as amended)
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Bharatiya Nyaya Sanhita, 2023 (BNS)
Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Court Fees Act, 1870
Indian Stamp Act, 1899
Limitation Act, 1963
Contempt of Courts Act, 1971
Advocates Act, 1961 & Bar Council of India Rules
Delhi High Court (Original Side) Rules, 1967
Delhi High Court Rules (Appellate Side)
Commercial Courts Act, 2015
Arbitration and Conciliation Act, 1996 (as amended 2015, 2019)

Key Texts for Practical Reference

Mulla on the Code of Civil Procedure (Lexis Nexis) – standard reference for CPC
Ratanlal & Dhirajlal's Code of Criminal Procedure / Commentary on BNSS (Lexis Nexis)
Sarkar's Law of Evidence (Lexis Nexis)
Sir Dinshaw Mulla's Principles of Hindu Law / Mohammedan Law (for family matters)
Commentary on the Delhi High Court Rules by Justice S.N. Dhingra
Practice & Procedure in District Courts of Delhi (Delhi Judicial Academy publication)

Key Online Resources

Delhi High Court official website: delhihighcourt.nic.in
eCourts portal: ecourts.gov.in
National Judicial Data Grid: njdg.gov.in
Supreme Court of India: sci.gov.in
SCC Online / Manupatra / Livelaw – for case law research
Bar Council of Delhi: barcouncilofdelhi.org
Delhi State Legal Services Authority: dslsa.org

Key Landmark Judgments for Practitioners

Case	Significance
Lalita Kumari v. Govt. of UP (2013) 2 SCC 1	Mandatory FIR registration for cognizable offences
Salem Advocate Bar Association v. UOI (2005) 6 SCC 344	CPC amendments; strict case management
Satender Kumar Antil v. CBI (2022) 10 SCC 51	Bail jurisprudence; bail conditions
Morgan Stanley Mutual Fund v. Kartick Das (1994) 4 SCC 225	Full and frank disclosure in ex parte injunctions
American Cyanamid v. Ethicon (1975) UK HL	Three-pronged test for interlocutory injunctions (adopted in India)
S.P. Gupta v. Union of India AIR 1982 SC 149	Locus standi in PIL; open courts
Rupa Ashok Hurra v. Ashok Hurra (2002) 4 SCC 388	Curative petition jurisdiction
Gudikanti Narasimhulu v. PP (1978) 1 SCC 240	Bail – the rule, jail – the exception
Rakesh Kumar Paul v. State of Assam (2017) 15 SCC 67	Default bail as an indefeasible right
State of Haryana v. Bhajan Lal AIR 1992 SC 604	Grounds for quashing FIR under Section 482 CrPC / BNSS

A NOTE TO THE READER

This course is intended as a practical guide and orientation resource. Law is a living discipline – statutes are amended, procedures are updated by court rules, and judicial interpretation evolves with each passing term. It is the practitioner's responsibility to verify the current state of law before filing any document or making any submission.

The best advocate is not the one who knows the most rules, but the one who asks the most questions – of the law, of the facts, of themselves. Practice with honesty, diligence, and an uncompromising commitment to the administration of justice.

Lex est norma recti – Law is the rule of right.

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