Find Part-I of the series HERE.
A litigating intern’s life is divided between chambers and the High Court. While interns are mostly handed over briefs to draft applications/ precipe’s, etc., every once in a while, someday when they are working as part of the chambers or independently, they will be handed over papers to file a writ. Simply put a writ lies against the government or any authority of public nature as envisioned under Article 226 and Article 32 of the Constitution of India. While Article 226 and 32 provide the theoretical perspective and application of writs both in the High Court and Supreme Court respectively, the article restrains itself to writs filed in the High Court of Bombay and the procedure for the same. The passage below covers various parts an intern needs to draft collectively or individually for the formation of a final product known as the writ.
INTRODUCTION: The writ starts with the cause title which essentially mentions the name of the case along with the relevant citation. The same runs into the index which breaks down the documents contained in the writ.
PROFORMA: The writ continues into the proforma which is a mandatory box required to be made as per the rules of the Bombay High Court which will appear as shown below:
Office Notes, Office Memorandum of Coram appearance, Court’s Orders or direction and Prothonotary Orders | Court’s or Judge’s orders |
SYNOPSIS: The synopsis follows the proforma which represents the brief challenge that exists in the matter followed by a sequential list of dates and events concluded by the acts and authorities which have been relied on by the plaintiff. A hack tip for interns would be to make a list of dates and events for all matters which come to their table as the same provides clarity to one when drafting any application and would also be relevant to your senior on a day where there are multiple cases and rather than briefing him/her, this list of dates and events can be sipped into the file.
LONG CAUSE TITLE: The following document to the synopsis is the full name of the case. In the beginning only the name of the case as represented in the court records will appear while in this case, the entire title which includes the same of all petitioners and respondents will be recorded including their addresses, occupation and age.
WRIT BEGINS: This is the body of the entire proceedings which entails the introduction, facts, circumstances, relief sought and makes an argument as to why the said relief must be granted. The writ is divided into two halves one being the factual representation of the scenario and second the grounds by which the said party is seeking to enforce their claim on the Respondent.
ANCILLARY PARAGRAPHS IN WRIT: The writ will also point towards the fact that no other remedy has been claimed by the petitioners as it is a settled proposition of law that for enforcing a writ no other remedy must be have invoked. Furthermore, the plaintiffs have to mention as to how the writ would lie in Bombay by stating that either the cause of action or some important action has arisen in Bombay for entertainment of the said writ. The Petitioner has to further satisfy the court that requisite fees has been paid.
PRAYERS: This is one of the most important aspects of a writ whereby the plaintiff claims relief against the Respondents and mentions as to what he expects from the court.
VERIFICATION: The client is required to attest via the verification paragraph that whatever has been mentioned in the writ is true
VAKALATNAMA: This is a document signed by the client which proves that the said lawyer or chambers are allowed to represent the client’s interests in a court of law and the same is annexed post the verification
MEMORANDUM OF ADDRESS: This lists the address of the advocates
ADVOCATES CERTIFICATE: This is the attestation provided by the lawyer as to the client’s problem and the cause of action and relief as sought by the client
EXHIBITS: The most important aspect of a writ are the exhibits. The Plaintiff in the writ may mention anything but a valid proof of the same must be given if that argument has to be adjudicated in favour of the plaintiff. This is where exhibits come into play whereby if the Plaintiff is referring to a contract, the same will be marked as exhibit- A, B, C etc. depending on the number of exhibits.
DOCKET: The writ will be completed when on the last page a docket is attached which mentions the name of the case, what the document is and the name and address of the lawyer representing the client
While the above-mentioned information pertains to drafting of a writ the following part covers the important ingredients an intern must be aware pre and post filing of a writ:
PRE FILING OF A WRIT
Before filing a writ, it is extremely important that an intern reads the relevant literature pertaining to the subject and this may be done by primarily referring to the bare act and a commentary which explains in totality the working of the said provision. Post this, the intern must find whether there are other relevant judgments which may have dealt with the same provision or application of law. The interns who have databases like Manupatra or SCC Online must use the same for authentic research but ones who don’t can for bare reading refer to Indian Kanoon where the intern must search for relevant judgments and once, he/she gets the judgment with the relevant citation he/she must go to that particular court website put in the citation and extract the relevant judgment.
If the intern finds a plethora of judgments on the same topic it would be advisable to make a compilation of judgments which contains the judgments and a separate word document which mentions the relevant paragraphs.
POST FILING OF A WRIT
Post filing a writ, the intern must find out as to who the writ will go before, essentially checking the assignment listed on the High Court Website. The same should be followed by printing copies of the writ petition along with all ancillary documents. Depending on the size of the bench, the relevant number of copies will be stitched as is mentioned in the High Court Rules of the Court while other copies need to be printed for serving to the other side may be served as it is.
The intern must always remember to keep an office copy of the writ which is of utmost importance as the same is relevant which referring in court or even in office while strategizing for court.
GENERAL Tips
Having been an intern with various lawyers and chambers at the Bombay High Court here are few essentials one must keep in mind while pursuing their internship:
- Always treat your seniors and the office staff with respect. While your internship may last only one month, your reputation will always be remembered in the office and hence be respectful to everyone and keep to your business. Gossip is the biggest demon in office and hence don’t indulge in the same. Make friends and connections while interning as you never know when you may need them.
- When given a work do not try to complete it fast and give a product which needs to be re-done. Normally your lawyer would tell you if something is needed urgently but he/she will always give you time to do it properly. The game is not to do something quickly but to do something efficiently. The joy of your lawyer sending your draft without corrections to the client is unimaginable.
- Keep updating yourself on latest judgments of the Supreme Court and the court you are working at. Also read through laws to understand their practical implication. You never know when your senior may have a casual conversation with you about a recent judgment and if you don’t know it doesn’t leave a bad impression but it will definitely not feel good to be left out only because you didn’t read something.
- Lastly and most important of all, do not lie or hide anything from your senior. If you have goofed up, please inform them as a sound shouting may be headed your way but the same will also be corrected before stepping into court. If the same is hid and is revealed later by the judge or opposite party it is a matter of serious embarrassment for the entire office.
CONCLUSION
The article has tried to assist a litigating intern at excelling an internship at the Bombay High Court. The article through its two-part series has dwelled into the various aspects of the High Court and documentation filed. The series has also covered expectations from a litigating intern and makes a roadmap as to how one can excel in an internship if the same is followed.
YLCC would like to thank Nikhilesh Koundinya (5th year, Symbiosis Law School, Pune) for writing this insightful piece.
