Checklist

    What is Check List !!

  • 1. To secure that all facts germane to the Relief claimed are duly set out in the concerned Legal proceeding:

  • Civil litigation: In so far as Civil litigations are concerned, it is believed that, nature of Reliefs claimed, lies at the heart of any litigation. These “Reliefs claimed” also decides the jurisdiction of the Court, as whether it is competent for that Court to grant such Reliefs. Further, every Relief which is being claimed presupposes the existence of certain facts, which are required to be pleaded and proved.

  • It is observed that absence of assertion of necessary and material facts, or due to vague assertion of facts, the case of the party is weakened, and even sometimes defeated.

  • Penal Offences: Further, in respect of penal offences, the structure of IPC and PC offences is disintegrated, that is to say, each of the ingredient of an offence, are spelled out in a table, so as to facilitate comparative objective analysis of ingredient of the offence on one side, against the respective attribution of alleged acts and omission against the Accused person, on the other side.

  • Whereas any criminal liability has an implicit degree of coercion, this tabular analysis will facilitate the Law enforcing bodies / Courts to quickly arrive at a decision as to, (a) if the nature of allegations made in the F.I.R. or in the Criminal Application / Complaint whether constitute the offence alleged of; or (b) the nature and the degree of incriminating material / evidence exist against the Accused person.

  • In so far as prosecution of Public servants are concerned which requires prior sanction in some of the cases, this tabular presentation would facilitate the sanction giving Authority to quickly and objectively arrive at a decision.

  • The underlying purpose of setting out ingredient of the offence in tabular form, is to set out in clear terms in the Application / Complaint that the Accused has clearly committed the offence he is charged with; or the other way, the Accused would be in a position to assert that, no offence is made out against him having regard to ingredients of the offence, or that, no evidence is placed on record against him, having regard to the averments set out in the Application / Complaint.

  • 2. To check frivolous cases: It is no exaggeration if one were to say that filing of frivolous and meritless cases have become extensive these days. The frivolous cases are always wanting in material details, and with the interplay of words and clever drafting, a fake cause of action (grievance) is generated.

  • The check list herein would facilitate the defending party to check if all necessary facts are duly pleaded by the party filing the case in the Court of law. In the absence of requisite and proper pleadings, the case may be dismissed, for want of “disclosure of cause of action” (O.7 R.11 of CPC, 1908) or for want of “grounds to proceed” (Section 204 CrPC, 1973) in Criminal cases.

  • 3. To facilitate quicker disposal of a case: Every effort is made herein to bring objectivity in the litigation process, so that the controversy involved in any litigation may be demonstrably visible to the Judges and to the litigating parties therein; and may facilitate the quicker disposal of cases, especially Writ cases, and other legal proceedings which are ordinarily adjudicated in summary fashion.

  • In so far as evidence based trial bound litigations are concerned, this model will help in identifying frivolous litigations, which may be dismissed in the initial stages if they are found to be wanting in cause of action or wanting in materials and evidences.

Suits

Penal offences

Offences against Human body or mind

Offences relating to Properties

Offences by Public Servants

Offences relating to false Complaints

Offences relating to false Claims in the Court

Offences relating to false evidence, statements on oath, etc.

Writs