Best Female Advocate in Delhi Dwarka for civil and criminal Cases

10 Unique & Rarely-Known Courtroom Tips for Advocates

(Practical, strategic & psychology-based)

1. Master the “First 30 Seconds Rule”

Judges form a subconscious impression within seconds.
✔ Start with clarity
✔ Speak slowly
✔ State your core point early

Even if the hearing is short, a sharp opening line can shift the judge’s attention instantly.

2. Use the “Case Theory Anchor”

At the beginning, say ONE sentence that summarises your entire case.
Example:
“My Lord, the entire case is about lack of intention, which the prosecution has failed to establish.”

This becomes an anchor the judge keeps returning to.

3. Never Argue Every Point — Argue the Winning Point

Smart advocates drop weak arguments.
✔ Identify the 2–3 strongest issues
✔ Repeat them strategically
✔ Leave the rest for written submissions

Judges appreciate precision.

4. Use “Reverse Questions” During Cross-Examination

Instead of directly challenging a witness, ask questions that force them to lock themselves into a version.
Later, destroy that version.
This psychological method is used by top criminal lawyers.

5. Always Carry 2 Extra Copies of Key Judgments

Judges often ask:
“Counsel, place the judgment before me.”
If the court server or stenographer is slow, you win time and impression by handing over copies instantly.

6. Learn to Read the Judge’s Pace

If the judge is in a hurry ⟶ give short points.
If the judge is relaxed ⟶ explain the law deeply.
Never speak long when the bench appears impatient.

Courtroom psychology is as important as law.

7. Always Keep a One-Page “Hearing Sheet”

Include:

Facts in 5 lines
Issues
Relief sought
3 strongest judgments

Place it on top of your brief.
This avoids last-minute confusion when the matter is suddenly called.

8. Use Silence as a Strategy

After a strong point, pause for 2–3 seconds.
Judges often write during this pause.
Silence gives power to your words.

9. Never Interrupt Opposing Counsel—Interrupt the Point

If you interrupt the lawyer, the judge may feel irritated.
Instead, say:
“My Lord, this point is factually incorrect.”
Target the argument, not the person.

10. Always End With a “Simple Relief Sentence”

Before ending, clearly state:
“Thus, the applicant respectfully prays for ______.”

Judges remember the last sentence clearly.
Clarity = stronger chance of relief.

Bonus Expert Tip

Courtroom is 70% psychology, 30% law.
Confidence, clarity, and timing win cases as much as legal provisions do.

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Criminal Case Trial Process - Usha Vats & Associates

CRIMINAL CASE TRIAL PROCESS – START TO END

(With Example of IPC 307 – Attempt to Murder)

Filing of Complaint / FIR (Section 154 CrPC / BNSS 2023)

Victim or complainant gives information to police.
Police must register FIR if cognizable offence (IPC 307 is cognizable & non-bailable).

✔ Example (IPC 307):
Victim’s brother files FIR: “Accused attacked with a knife intending to kill.”

Police Investigation (Section 156–173 CrPC/BNSS)

Police conducts:

Spot inspection
Collects evidence
Records witness statements (161 CrPC)
Collects medical report (MLC), weapon, CCTV, etc.

✔ Example:
Police recovers the knife, collects CCTV video of stabbing attempt, records witnesses.

Arrest of the Accused (Section 41 CrPC/BNSS)

Police may arrest without warrant because IPC 307 is cognizable.

✔ Example:
Police arrest the accused the same night.

Remand Hearing – Police Custody or Judicial Custody

Accused must be produced before court within 24 hours.
Court decides:

Police custody (PC)
Judicial custody (JC)
Bail (rare in 307)

✔ Example:
Court grants 2 days police custody for recovery of weapon.

Filing of Charge Sheet (Section 173 CrPC/BNSS)

After investigation, police files:

Charge sheet
Accused details
Evidence list
Witness list
FSL/MLC reports

✔ Example:
Charge sheet filed under IPC 307 + 34 (if multiple persons).

Framing of Charges (Section 228 CrPC/BNSS)

Judge checks evidence & decides sections.

✔ Example:
Judge frames charge:
➡ “You attempted to kill the victim by stabbing—offence under IPC 307.”

Accused says: “Not guilty” → Trial starts.

Prosecution Evidence (PW1, PW2, PW3…)

Public Prosecutor brings witnesses:

Eye-witness
Victim (injured witness)
Doctors (MLC)
Police officers
Forensic experts

Accused gets right to cross-examine.

✔ Example:
Victim testifies: “Accused stabbed me in chest with intention to kill.”

Statement of Accused (Section 313 CrPC/BNSS)

Court asks questions:

Why witnesses said this against you?
What do you want to say?

Accused gives written statement. No oath required.

✔ Example:
Accused says: “I acted in self-defense.”

Defence Evidence (If any)

Accused can bring his own witnesses, alibi proof, medical record, CCTV, etc.
(This stage is optional.)

✔ Example:
Accused shows medical record saying he also had injuries.

Final Arguments

Both sides argue:

Prosecution: Intention to kill + weapon + injuries prove IPC 307.
Defence: No intention to kill / false implication / no recovery.

Judgment (Acquittal or Conviction)

Court evaluates:

Intention
Weapon used
Body part targeted
Medical evidence

✔ Example:
Court convicts the accused under IPC 307.

Or
Court acquits if intention to kill not proved.

Sentence / Punishment Hearing

If convicted, court hears aggravating/mitigating factors.

IPC 307 Punishment:

Up to 10 years or life imprisonment
- Fine
If injury caused: punishment increases

✔ Example:
Court sentences accused to 7 years RI + ₹20,000 fine.

Appeals

Convict can appeal in High Court.

SUMMARY FLOWCHART

FIR → Investigation → Arrest → Custody → Charge Sheet → Charges → Prosecution Evidence → Accused Statement → Defence Evidence → Arguments → Judgment → Sentencing → Appeal

Landmark Judgments – IPC 307

1. State of M.P. v. Kanha (2019 SC)

Intent to kill can be inferred from weapon, injury location, severity.

2. R. Prakash v. State of Karnataka (2004 SC)

Even if injuries are simple, intention to kill = IPC 307.

3. Liyakat Mian v. State of Bihar (1973 SC)

Pre-meditation, motive, weapon = important factors for IPC 307.

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TYPES OF APPEALS UNDER THE CIVIL PROCEDURE CODE, 1908 (CPC)

(Summary + Examples + Key Judgments)

Under CPC, appeals are of several kinds depending on who is appealing, from which order, and at which stage. Appeals are a statutory right, not automatic — meaning they exist only when provided in CPC.

1. FIRST APPEAL (Section 96 CPC)

✔ What it is

A full appeal on facts + law filed against a decree passed by a trial court.

✔ When filed?

Against any final decree or preliminary decree
Appeals allowed even if decree is ex-parte
Not allowed when decree is passed with consent of parties

✔ Court

Usually from:

Civil Judge → District Court / High Court
District Judge → High Court

✔ Example

A suit for partition is dismissed by the Trial Court. The plaintiff files a First Appeal challenging evidence, witnesses, documents, and legal errors.

✔ Important Case Law

Santosh Hazari v. Purushottam Tiwari (2001)
→ First appeal is a valuable right; appellate court must re-appreciate evidence completely.

2. SECOND APPEAL (Section 100 CPC)

✔ What it is

A further appeal ONLY on substantial question of law.

✔ When filed?

Only after:

Trial Court judgment
First Appellate Court judgment

Appeal lies to the High Court only.

✔ What is NOT allowed:

Re-assessment of evidence
Questions of facts

✔ Example

Two courts hold that a property belongs to X based on evidence. Y files a second appeal alleging:
“Whether unregistered family settlement is admissible?”
→ This is a substantial question of law, so the High Court may admit.

✔ Key Judgment

Kondiba Dagadu v. Savitribai (1999)
→ High Court cannot interfere with concurrent findings of fact unless there is perversity.

3. APPEAL FROM ORDERS (Section 104 & Order 43 CPC)

✔ What it is

Appeal against specific orders listed in CPC.

✔ Example Orders Appealable

Order returning plaint (Order 7 Rule 10)
Order granting/refusing temporary injunction (Order 39 Rule 1 & 2)
Order appointing receiver (Order 40)
Order rejecting application under Order 9 Rule 13
Order refusing to set aside sale (Order 21)

✔ Example

Court refuses to grant temporary injunction in a property dispute → party can file Appeal from Order under Order 43 Rule 1(r).

✔ Judgment

Shah Babulal Khimji v. Jayaben (1981)
→ Some interlocutory orders amount to “judgment” and are appealable.

4. APPEALS TO THE SUPREME COURT (Civil Appeals)

Two main types:

A. Appeal by Special Leave (Article 136)

✔ Nature

Discretionary remedy. Not a matter of right.

✔ Example

High Court upholds eviction order. Tenant seeks SLP before Supreme Court for relief.

Key Case

Pritam Singh v. State (1950)
→ SC will interfere only when there is grave injustice or exceptional circumstances.

B. Appeal Under Article 133 (Civil Appeal as a matter of right)

✔ When?

Where a case involves a substantial question of law of general importance and High Court certifies it.

5. LETTERS PATENT APPEAL (LPA)

(Only where High Court’s Letters Patent allows)

✔ What it is

An intra-court appeal:
Single Judge decision → Division Bench of the same High Court.

✔ Not available when:

Matter decided by a Single Judge in second appeal
Filing against certain statutory tribunals

✔ Example

Single Judge of High Court dismisses a writ petition. Petitioner files LPA before Division Bench.

6. MISCELLANEOUS APPEALS

Examples include:

A. Appeal under Order 21 (Execution Appeals)

Filed against orders passed in execution proceedings.

B. Appeal in Small Causes

Where the Provincial Small Causes Courts Act applies.

Example

Judgment-debtor challenges an execution order attaching his salary.

7. APPEAL UNDER SECTION 96(4) – EX-PARTE DECREE

A specific appeal against an ex-parte decree.

Example:
Defendant did not get notice and the decree is passed → He can file Appeal or Order 9 Rule 13 application.

8. APPEAL BY INDIGENT PERSON (Order 44 CPC)

If a person cannot pay court fees, they can appeal as an indigent person.

COMPARISON TABLE (Quick Revision)

Type of Appeal	Lies To	Against	Scope
First Appeal	District Court / High Court	Decree	Facts + Law
Second Appeal	High Court	First Appellate Decree	Only Substantial Law
Appeal from Orders	District Court / High Court	Specific Orders	Legal Points
LPA	Division Bench	Single Judge Order	Facts + Law
SLP/SC Appeal	Supreme Court	HC Judgment	Whole matter (discretionary)

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Best Advocate For Cheque Bounce Cases in Delhi

CHEQUE BOUNCE WHERE TO SUE?

SUPREME COURT CLERIFICATION ABOUT S.142(2)(A) NI ACT:

Supreme Court of India (SC) has clarified regarding where to sue (“where to file”) when a cheque bounces under Section 142(2)(a) of the Negotiable Instruments Act, 1881 — i.e. the “bounce / cheque-dishonour” scenario under Section 138 of the Negotiable Instruments Act, 1881.

What SC clarified: Where to file cheque-bounce case

The Court held that for an “account payee” cheque (i.e. cheque deposited for collection through a bank account), the complaint must be filed only at the court which has jurisdiction over the branch of the bank where the payee maintains their bank account.
It does not matter where the cheque was physically deposited or presented. Even if the cheque was deposited at a different branch (for convenience) — the law treats it as “deemed delivered” to the payee’s “home branch” (i.e. branch where payee’s account actually is) for the purposes of territorial jurisdiction.
The Court reiterated that this is the effect of the 2015-amendment to Section 142 (sub-section 2(a)). The amendment was introduced to prevent forum-shopping and put beyond doubt that territorial jurisdiction depends on the payee’s home branch, not the place of presentation.

Key Statutory Rule — Section 142(2)(a)

After the 2015 amendment, the relevant provision reads broadly as: if a cheque is delivered for collection through an account, “the offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction the branch of the bank where the payee or holder … maintains the account is situated.”

Hence, even if you deposit the cheque somewhere else, the “home branch” matters.

Implications / What this means in practice

If you — as payee/holder — receive a bounced cheque and you maintain your bank account in, say, Gurugram (or any branch), then you must file the complaint in the court having jurisdiction over that bank-branch’s area.
You cannot file the complaint simply where you deposit the cheque (if that is a different branch), just because you dropped it there. That branch’s court will not have proper territorial jurisdiction under Section 142(2)(a).
This removes ambiguity and stops “forum-shopping” (i.e. pick whichever court gives you convenience), ensuring a fixed, objective jurisdiction rule.

Recent Case: What triggered the Clarification

Recently (judgement dated 28 Nov 2025), SC bench of Justices J. B. Pardiwala and R. Mahadevan delivered this ruling, reaffirming that cheque-bounce complaints under Section 138 must be filed at the payee’s home-branch court, regardless of where cheque was deposited.
In the related earlier case, though the cheque was deposited in Mumbai branch, payee’s operative account was in Mangalore; SC held Mangalore court had jurisdiction and directed the case be heard there.

What you should check/apply (if you want to sue)

When preparing to file a cheque-bounce complaint:

Identify the bank branch where your (payee’s) account is maintained — that is your “home branch”.
Ensure you file the complaint in a court whose territorial jurisdiction covers that branch.
Don’t file in a court just based on where cheque was deposited/presented; that would likely be dismissed for lack of jurisdiction.
Act in accordance with other procedural requirements under Section 142 & Section 138 (notice period, etc.).

Checklist for “Where to file a cheque-bounce case (S.138 NI Act) after Supreme Court’s clarification on Section 142(2)(a)”.

Cheque Bounce – Where to Sue?

Supreme Court Clarification on Section 142(2)(a) NI Act

1. File the Case ONLY at the Payee’s Home-Branch Court

Home-branch = the bank branch where YOU (the payee/complainant) maintain your account.

Even if you deposit the cheque at another branch for convenience —
you must file the case only at the court having jurisdiction over the branch where your bank account actually exists.

2. Territorial Jurisdiction Rule

Under Section 142(2)(a):

If the cheque is presented through an account, the complaint shall be filed only in the court within whose jurisdiction the payee’s bank branch is located.

This rule is mandatory, not optional.

3. What Does NOT Matter Anymore

It does not matter where the cheque was physically deposited.
It does not matter where the drawer (accused) has an account.
It does not matter where the dishonour memo was issued.
It does not matter where the payee lives or works if different from bank-branch area.

Only the payee’s home-branch decides jurisdiction.

4. Court Examples

Example 1

Your bank account: Axis Bank, Rajouri Garden Branch (Delhi)
You deposit cheque at: Connaught Place Branch
→ Case must be filed at the court having jurisdiction over Rajouri Garden, not CP.

Example 2

Your home branch: HDFC Bank, Gurugram Sector 14
Cheque dishonoured in: Delhi
Drawer lives in: Noida

→ You must file in Gurugram court (Sector 14 jurisdiction)
because that’s where your account is maintained.

5. Documents Required (Checklist)

Cheque copy
Original bank return memo (dishonour memo)
Legal demand notice
Proof of sending notice (speed-post receipt + tracking)
Complaint under Section 138 read with Section 142 NI Act
Affidavit of evidence
Cognizance application

6. Time Limits you must follow

Cheque validity: 3 months
Notice period: Within 30 days of dishonour
Waiting period: 15 days after notice
Filing complaint: Within 30 days after expiry of 15-day notice period

7. Basic Steps to File Case

Send legal notice within 30 days
Wait 15 days
If no payment → prepare Section 138 complaint
File it at your home-branch court
Court will issue summons to accused

8. Supreme Court’s Purpose Behind This Rule

Avoid “forum shopping”
Uniform rule across India
Fix a single, clear jurisdiction
Prevent harassment of accused by filing cases in distant places

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know the procdure of writ petition

Know about F.I.R.

What a F.I.R.?

Here is a clear, simple, and complete explanation about FIR:

What Is an FIR?

FIR (First Information Report) is a written document prepared by the police when they receive information about the commission of a cognizable offence (serious offences where police can arrest without a warrant and start investigation).

It is the first step to start a criminal investigation.

Key Points About FIR

1. Filed for Cognizable Offences Only

Police register FIR only when the offence is serious (like theft, murder, rape, kidnapping, cheating, causing hurt, etc.).

2. Anyone Can File It

Victim, witness, relative or even a person who knows about the crime can file an FIR.

3. Free of Cost

Police cannot charge any money to file an FIR.

4. FIR Must Be Registered Immediately

Police must record it without delay once a cognizable offence is reported.

5. Copy Must Be Given to Informant

A free copy of the FIR must be given to the person who filed it.

6. FIR Number & Police Station Details

Every FIR has a unique number and the name of the police station.

What Does an FIR Contain?

An FIR usually includes:

FIR Number
Date, Time & Place of the incident
Date & Time of reporting
Name, address & contact of the complainant
Facts of the incident (What happened?)
Description of accused (if known)
Names of witnesses (if any)
Sections of law applicable
Signature of the complainant
Signature/seal of the duty officer

Why Is an FIR Important?

1. Starts the Criminal Investigation

Police cannot investigate a cognizable offence without registering an FIR.

2. Creates an Official Record of the Crime

It becomes the first official record in the criminal justice process.

3. Helps in Protecting Rights of the Victim

Once FIR is filed, the victim gets the right to:

Investigation
Arrest of accused
Protection orders (if needed)
Speedy action by police

4. It Is Used in Court

The FIR is used as an important document in court proceedings.

5. Helps Prevent Manipulation

Once written and signed, it cannot be changed except with court permission.
This prevents false alterations.

STAGES OF A WRIT PETITION (HIGH COURT / SUPREME COURT

Allow the petition
Dismiss it
Give directions
Order compensation
Transfer case to another authority

Example:

HC directs the university to declare withheld exam results within 7 days.

Judgment:

Nilabati Behera v. State of Orissa (1993) → Compensation for violation of fundamental rights.

9️. Review / Appeal (If applicable)

Summary:

Aggrieved party can file:

Review Petition – same court
SLP (Special Leave Petition) – Supreme Court under Article 136

Judgment:

P. Nalla Thampy Thera v. Union of India (1983) → Review permissible only on error apparent on record.

Summary Chart

Stage	What Happens	Example	Landmark Case
1. Grounds	Rights violation identified	Illegal transfer	D.K. Basu
2. Filing	Petition filed with documents	Mandamus for FIR	Lalita Kumari
3. Admission	Court checks merit	Interim stay	Visheshwar
4. Notice	Govt notified	Sealing case	A.K. Kraipak
5. Counter	Govt reply	Police explains delay	Maneka Gandhi
6. Rejoinder	Petitioner rebuts	Denial of allegations	S.P. Gupta
7. Arguments	Final hearing	Arbitrary action	R.D. Shetty
8. Judgment	Final order	Exam results	Nilabati Behera
9. Review/SLP	Appeal	Error	Nalla Thampy