THE PRACTISE
WHAT WE DO
THE FRAMEWORK
In India, the litigation process can be complex and time-consuming, and having the right legal representation is crucial. The firm's lawyers have represented clients in a variety of disputes, including commercial and corporate disputes, banking and finance disputes, intellectual property disputes, and employment disputes and has participated in their success story. Here are some key points to keep in mind:
-
Types of Courts: India has a three-tier court system, with lower courts (Civil Courts, Criminal Courts, and Family Courts), district courts, and high courts. The Supreme Court of India is the highest court in the country.
-
Jurisdiction: Each court has its own jurisdictional limits, which means that a case can only be filed in the appropriate court based on the subject matter and the value of the claim.
-
Procedure: The procedural rules for litigation in India are laid out in the Civil Procedure Code (CPC) and the Criminal Procedure Code (CrPC). These rules govern everything from filing the initial complaint to presenting evidence and appeals.
-
Evidence: Indian law recognizes a range of different types of evidence, including documents, witness testimony, and expert reports.
-
Alternative Dispute Resolution (ADR): ADR mechanisms like mediation and arbitration are becoming increasingly popular in India as a way to resolve disputes outside of the traditional court system.
-
Legal Representation: Parties to a lawsuit can represent themselves or hire an advocate to represent them in court. Advocates are required to be licensed by the Bar Council of India.
-
Appeals: Parties can appeal lower court decisions to higher courts, with the Supreme Court being the final court of appeal.
SANGHAVI & PARTNERS ADVANTAGE
The firm has a team and network of counsel of experienced litigators who have a deep understanding of the Indian legal system and are well-equipped to handle complex litigation matters. The firm's approach to litigation is client-centric (vis-a-vis the extant provisions of laws and the risk it bears), with a focus on understanding the client's goals and objectives and developing a customized strategy to achieve those goals. The firm's litigators are skilled at negotiating settlements, but are also prepared to aggressively litigate when necessary to protect their clients' interests.
