Practical Tools for Practicing Advocates

A bail bond (also called surety bond) is a document through which the accused and their surety guarantee appearance in court. Here is the complete process:

1. Obtain the bail order — After the court grants bail, ask the court clerk for the bail bond form (Form 45 or as prescribed by the court).
2. Fill accused's details — Full name, parentage, address, FIR number, case number, section of offence.
3. Fill surety details — Name, relation to accused, address, property owned (if property surety). The surety must be financially capable of the bail amount.
4. Bail amount — Mention the amount fixed by court exactly. Do not alter or abbreviate.
5. Attach surety documents — Property papers / Aadhaar / Voter ID of surety. Some courts require a property valuation certificate.
6. Execution before court — Both accused (if present) and surety sign the bond before the judicial officer or court reader.
7. Verification — The court verifies surety's identity and property. Police may be sent for local verification.
8. Release order — After bond is accepted, court issues release order to jail. Submit a copy at jail. Accused is released thereafter.

A vakalatnama is a written authority given by a client to an advocate to appear and plead on their behalf.

1. Heading — Name of Court, Case Title (e.g., A vs. B), Case Number, Year.
2. Client details — Full name, parentage, address of the person giving authority.
3. Advocate details — Name of advocate(s) authorised. You can authorise multiple advocates.
4. Scope of authority — Generally includes: to appear, plead, file documents, receive notices, make applications, and do all acts necessary.
5. Signature — Signed by client in the presence of advocate. Witness signature where required.
6. Stamp — Affix a court fee stamp as per the court's requirement (typically ₹3 to ₹10 depending on court).
7. Advocate's countersignature — Advocate signs accepting the vakalatnama.
8. Filing — Original is filed with the court; a copy is kept by the advocate.

Writ petitions are filed under Article 32 (Supreme Court) or Article 226 (High Court) for enforcement of fundamental or legal rights.

1. Identify the writ — Habeas Corpus, Mandamus, Certiorari, Prohibition, or Quo Warranto, depending on the relief sought.
2. Draft the petition — Parties, jurisdiction, facts, grounds, and prayer. Attach all relevant documents as annexures.
3. Prepare index & synopsis — Courts require a brief synopsis (1–2 pages) and a detailed index of documents.
4. Vakalatnama — Attach signed vakalatnama with proper court fee stamp.
5. Court fees — Pay applicable court fees (varies by court and state). Get challan or stamp affixed.
6. Filing at Registry — Submit paper book (usually 3–4 sets) at the filing counter. The Registry checks for defects.
7. Defect removal — Registry may return with defects. Correct and re-file within the time allowed.
8. Case number — After acceptance, you receive a diary number, then a case number after registration.
9. Listing — Matter is listed before appropriate bench. Seek early hearing / urgent listing if needed.

Court fees are governed by the Court Fees Act 1870 and state-specific amendments. They vary by court, state and type of matter.

1. Identify the type of suit — Money suits are ad valorem (percentage of claim). Declaratory suits and injunctions have fixed fees.
2. Ad valorem suits — Fee is a percentage of the suit value. Example in Delhi: 6% of claim amount up to ₹50,000, then reducing slabs.
3. Fixed fee suits — Divorce, writ petitions, criminal matters usually have fixed court fees ranging ₹10 to ₹500 depending on court.
4. Calculate the value — For property suits, the market value / circle rate is used. For injunctions, the court may assign a notional value.
5. Mode of payment — Judicial stamps for lower amounts; challan / RTGS for High Courts and Supreme Court.
6. Exemptions — Suits by indigent persons, NALSA-aided cases, and certain government suits may be exempt or reduced.

Consumer complaints are filed under the Consumer Protection Act 2019. Jurisdiction depends on the value of goods/services + compensation claimed.

1. Determine forum — District Commission (up to ₹1 crore), State Commission (₹1 crore–₹10 crore), NCDRC (above ₹10 crore).
2. Send legal notice first — Send a registered notice to the opposite party (company/seller) before filing. Keep acknowledgement.
3. Draft complaint — Name of complainant, name and address of opposite party, facts, deficiency details, relief claimed.
4. Attach documents — Invoice, warranty card, correspondence, photos, legal notice, proof of payment.
5. e-Daakhil — File online at edaakhil.nic.in. Pay nominal filing fee online. Print acknowledgement.
6. Hearing — You receive a date. The Commission sends notice to opposite party. They file reply within 45 days.
7. Proceedings — Summary trial. Usually resolved within 90 to 150 days. No lawyers required for small claims (but allowed).

Certified copies of court orders, judgments, and documents are required for appeals, execution and official use.

1. Application form — Obtain certified copy application form from the court's copying branch or download from eCourts.
2. Fill details — Case number, year, nature of document, number of pages required, urgency.
3. Pay copying fee — Paid by judicial stamps or cash at copying counter. Rates are per page (usually ₹2–₹5 per page).
4. Urgent vs Normal — Urgent copies are issued in 24–48 hours (higher fee). Normal copies take 5–15 working days.
5. Collection — Collect from copying branch on the date given. Verify all pages and the seal/signature before leaving counter.
6. eCourts App — For many courts, certified copies can now be applied for and received digitally through the eCourts services portal.

Under the Right to Information Act 2005, any Indian citizen can seek information from a public authority within 30 days.

1. Identify the public authority — Central or State Government body. Central RTI goes to respective PIO. State RTI to State PIO.
2. Draft the application — Write to the Public Information Officer (PIO) of the concerned department. Mention: your name, contact, specific information sought. Keep it clear and precise.
3. Pay fee — ₹10 for central government (by IPO, DD or online). BPL applicants are exempt.
4. File online — Central government RTI: rtionline.gov.in. Many state governments have their own portals.
5. Response time — PIO must respond within 30 days (48 hours if life/liberty is involved).
6. First Appeal — If no response or unsatisfied, file First Appeal to First Appellate Authority within 30 days.
7. Second Appeal — If still unsatisfied, file Second Appeal before Central/State Information Commission within 90 days.

A legal notice is a formal written communication notifying the recipient of a legal claim or demand before filing suit.

1. Sender's details — Name, address of sender (and advocate if sent through advocate).
2. Addressee — Full name and address of recipient. For companies: registered office address.
3. Date — Date of notice.
4. Subject — One-line subject describing the nature of claim.
5. Facts — Brief background: your relationship with the recipient, the transaction, what happened, and how the recipient is in default/breach.
6. Legal basis — Mention the relevant legal provisions or contract clause being invoked.
7. Demand — Specific demand: payment of money, restoration of possession, compliance with contract, etc.
8. Time limit — Give 15 or 30 days to comply. State consequences of non-compliance (legal proceedings).
9. Dispatch — Send by Speed Post with AD (acknowledgement due) and retain receipt and delivery proof.

Most courts now allow hybrid (physical + VC) hearings. Here's how to appear virtually:

1. Check court order — VC permission must be sought through an application or email to the court. Some courts have standing VC facility — verify with the bench clerk.
2. Platform used — Supreme Court and Delhi HC use Vidyo or Cisco Webex. District courts often use Jitsi. Check the court's circular for the current platform.
3. Download and test — Download the required app/platform. Test audio and video 30 minutes before the hearing.
4. Dress code — Wear full court dress (bands and gown) even for VC appearance. Judges have the discretion to refuse appearances without proper attire.
5. Background — Use a neutral, professional background. Ensure good lighting — face should be clearly visible.
6. Documents — Keep soft copies of all relevant documents ready for screen-sharing if asked by court.
7. Log in on time — Join 5–10 minutes before your listed time. Courts often proceed quickly and may pass over your matter if you are not present.

The eCourts portal (ecourts.gov.in) gives real-time case status for district courts and High Courts across India.

1. Visit ecourts.gov.in — Or use the eCourts Services mobile app (available on Play Store and App Store).
2. Select court — Choose State → District → Court Establishment.
3. Search options — You can search by: Case Number, Party Name, FIR Number, Advocate Name, or Act.
4. Case Number search — Enter case type (e.g., CRL, CS, Writ), case number and year. Click Go.
5. View details — You see: next date, last order, orders/judgments, cause list status, petitioner/respondent names.
6. Download orders — Click on the case to view and download uploaded orders directly. Not all courts upload orders but most do now.
7. High Courts — Each High Court has its own portal (e.g., delhihighcourt.nic.in for Delhi HC; sci.gov.in for Supreme Court).