CHOOSING FORUM

Introduction:  Once lawyer ascertain kind of legal right that is violated he has to choose forum.  In modern age violation of a legal right is entertained and remedied by various forums.  To illustrate to restrain a husband who is disposing the property of his wife can be prevented either by a suit for injunction in a civil court or by way of remedy under Domestic violence Act.  It is more inexpensive, quick and effective under Domestic violence Act rather than under Civil Court.  Furthermore, the place of filing case of civil court is where property is located or defendant is residing or working for gain and whereas under Domestic violence, case can be filed petitioner is residing.   Similarly, recovery of money through cheque can be done either by filing suit in a civil court or complaint before criminal court.  Unlike in a criminal court before civil court recovering money by way of cheque is a time consuming and expensive and ineffective affair.   In this context we shall look into the attitude of judge and convenience of parties and lawyer.  For all these reasons proper understanding the modalities of functioning of the courts and various legal forums provide great insight in effectively handing grievance of our client.

Advent of modern dispute resolution systems: Originally we have only civil and criminal court. The purpose of civil court is to declare rights or protect and enforce declared rights. The mode of enforcement of its judgment and decree is through a procedure called Execution as laid down under O.XXI CPC. The purpose of criminal court is to try the accused and punish the guilty and award compensation to victims. However, with the advent of welfare concept state assumed variety of functions as such the above discussed tools to protect the rights became lopsided and ineffective. Therefore, the need for new model of dispute resolution mechanisms became imperative. These new modes of mechanism that are been created are no manner new in substance except in form.  As they are also operate on the principles of natural justice, burden of proof and execution. However, they differ in exclusivity, professionalism, quantum of proof, relaxtion from rigid rules of evidence, and more importantly in effective enforcement mechanism. The following are the various kinds of dispute resolution systems:

1) Civil Court  2) Criminal Court  3) Writ Court  4) Consumer Forum  5) Legal Service authority  6) Permanent public utility services   7) Revenue court  8) Right to Information  9) Arbitration forum  10) Family court.

The following are the important stages in any Dispute resolution mechanism:

a) Compliant   b)  Summons   c) Written statement   d) Issues   e) Evidence recording   f) Judgement   g) Execution.

The Process of Adjudication before Civil Court, Criminal Court and Writ Court

 WRIT JURISDICTION-MERITS

Writ jurisdiction is a summary interference by sovereign of state in to the affairs of its agencies so as to ensure that every one of its authority working within the parameters of constitutional norms, values and laws. This can be carried out sovereign authority effectively if adjudicatory process under writ jurisdiction is simple and effective vis-a-via other adjudicatory process. The following few could highlight the efficacy of writ jurisdiction. A) Quick and inexpensive remedy b) Simplified adjudicatory process c) Vast jurisdiction d) effective enforcement e) Enormous powers

 A) Cheap remedy: The first and foremost is that writ is a cheap and quick and remedy. It is cheap because in writ the quantum of court fee to be paid doesn’t exceed more than Rs.100/-(Rupees Hundred only) and whereas under civil court jurisdiction court fee has to be paid basing amount of right sought to adjudicated or enforced.

 b) Simplified adjudicatory process: The adjudicatory process before writ court is simple as there are no rigid rules either for receiving or appreciation of evidence. In fact A.32 of constitution says court devise appropriate procedure for the enforcement of fundamental rights.  Whereas before civil court or criminal court parties shall file original documents and there is complicated procedure for receiving documents and evidence.  Proof of facts is based on evidence and there is no trial except in rarest of rare cases, unlike in other forums of law.  Law of limitation has no application before writ court but either civil or criminal court is governed by rules of limitation.

 c) Extent of jurisdiction: Moreover, the jurisdiction of writ court order is across the country unlike a civil court which is limited to one particular area.

 d) Enforcement: Writ is a quick and effective remedy as this is been adjudicated by highest judicial forum of the state and it is bestowed with power of judicial review and power of contempt for the violation of its orders as such for implementation of its orders, it resort to power of contempt. Whereas under civil right the violation of orders can be enforced only through complicated and time taking process of execution under O.XX1 CPC. Moreover, the jurisdiction and extend of operation of writ court order is across the country unlike a civil court which is limited to one particular area.

 e) Enormous Powers: If one goes through either A.32 or A.226 of constitution it is evident that Supreme Court or High courts bestowed with innumerable powers under Writ Jurisdiction to mould adjudicatory process to reach injustice where it is found and remedy it. For this reason only we have taken up writ petition, collection of evidence by commissioners, awarding damages in writs, Public interest litigation etc.,

For all the above reason, lawyers prefer parties to redress their grievances through the process of writ jurisdiction.