Introduction – Types of Cases We Handle

Civil, Criminal, Property, Matrimonial, Cheque Bounce, Commercial and Other Litigation

A person approaching a court often begins with a simple question:

“What type of case do I actually have?”

That question is more important than it may initially appear.

A property disagreement may require an injunction, declaration, possession proceeding or partition suit.

A financial dispute may belong before an ordinary Civil Court, Commercial Court or proceedings under the Negotiable Instruments Act depending upon the transaction and documents.

A criminal complaint may require bail, defence during investigation, trial representation, discharge, appeal or proceedings before the High Court.

Likewise, a matrimonial dispute may involve divorce together with maintenance, domestic violence proceedings, child custody, criminal complaints or settlement.

At Ankit Gaurav Kainth & Associates, our litigation practice is based at Dwarka Courts, New Delhi, and covers civil, criminal, matrimonial, property, commercial, cheque bounce and connected proceedings before appropriate courts.

The correct starting point is therefore not merely deciding that a “case has to be filed.”

The first step should be identifying:

the nature of the dispute → jurisdiction → limitation → documents → applicable law → available remedy → appropriate court.

This page provides an overview of the principal types of matters handled by our litigation practice.

1. Civil Litigation in Dwarka Court

Civil litigation deals primarily with disputes concerning private rights, property, money, contracts and legal obligations.

Before filing a civil suit, several questions should be examined carefully.

Does the Court have territorial and pecuniary jurisdiction?

Is the proceeding within limitation?

What cause of action has arisen?

What precise relief should be sought?

Are the necessary documents available?

Is interim protection required before the final suit can be decided?

Our civil litigation practice includes matters involving injunctions, declarations, possession, recovery of money, damages, contractual disputes, partition, cancellation of documents and other civil remedies.

An urgent dispute may also require an application seeking temporary injunction or preservation of the property or subject matter while the suit remains pending.

Civil litigation should therefore be planned from the eventual relief backwards.

A plaintiff should know what decree is being sought and how it can ultimately be enforced.

A defendant should examine jurisdiction, limitation, maintainability, pleadings, documents and available procedural objections before filing the written statement.

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2. Property and Real Estate Disputes

Property disputes are among the matters frequently litigated before Civil Courts.

However, every property dispute is not the same.

A person claiming ownership may require a declaration.

A co-owner seeking division may require partition.

A person dispossessed from property may need a possession remedy.

A threatened transfer or construction may require urgent injunction proceedings.

A purchaser may discover defects in title, documentation or possession.

A dispute may also arise regarding a Will, family settlement, sale transaction, agreement to sell, GPA, gift deed or other property document.

Our property litigation work includes title and ownership disputes, possession proceedings, permanent and mandatory injunctions, partition, family property disputes, cancellation or declaration relating to documents, illegal occupation, boundary and possession disputes, property transaction disputes and connected civil proceedings.

Property litigation often depends heavily upon documents.

The title chain, sale documents, revenue or municipal records, possession documents, site plan, payment records and correspondence may substantially affect the available remedy.

A property case should therefore not begin merely with the question:

“Who is physically occupying the property?”

The more important enquiry may be:

What right does each party claim, what documents support that right, and what relief can the Court legally grant?

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3. Recovery of Money and Financial Disputes

Outstanding payments can arise from personal loans, business transactions, supply of goods, services, invoices, agreements, property dealings and other financial arrangements.

The appropriate recovery mechanism depends upon the transaction.

Some claims may require an ordinary recovery suit.

Others may qualify as commercial disputes.

Certain documentary claims may require consideration of summary procedures.

A dishonoured cheque may separately give rise to proceedings under Section 138 of the Negotiable Instruments Act if the statutory requirements are fulfilled.

Before initiating recovery litigation, important considerations include the amount due, limitation, acknowledgment of liability, bank records, invoices, agreements, messages, emails, legal notice requirements and the correct court.

Recovery litigation should therefore begin with documentary reconstruction of the transaction rather than merely stating that money remains unpaid.

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4. Criminal Defence and Criminal Proceedings

Criminal litigation can begin at several different stages.

A person may receive a police notice before arrest.

An FIR may already have been registered.

The accused may require anticipatory bail.

An arrest may have occurred and regular bail may be required.

Investigation may result in a chargesheet.

The matter may then proceed toward consideration of charge, prosecution evidence, cross-examination, defence evidence, final arguments and judgment.

Criminal proceedings may also generate revision, appeal or High Court litigation.

Our criminal practice includes FIR matters, police investigation, anticipatory bail, regular bail, criminal complaints, trial defence, evidence and cross-examination, discharge issues, criminal appeals, revisions and appropriate High Court remedies.

Since the criminal law framework changed from 1 July 2024, current cases may involve the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023, while older proceedings may continue to contain IPC and CrPC references depending upon their dates and applicable transitional provisions.

The applicable law should therefore be checked from the actual FIR, complaint and procedural history rather than assumed.

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5. Anticipatory Bail, Regular Bail and Interim Protection

Bail proceedings require a different strategy from the eventual criminal trial.

Anticipatory Bail

A person apprehending arrest may need to examine whether anticipatory bail is available on the particular allegations and facts.

The Court may consider the nature of accusations, investigation requirements, conduct of the applicant, possibility of absconding, alleged recovery and other relevant circumstances.

Regular Bail

Where a person has already been arrested, regular bail may have to be sought before the competent court.

The applicable considerations depend upon the offence, stage of investigation and individual circumstances.

Interim Protection

Certain matters may also involve a request for limited interim protection while the substantive bail application is being considered.

Bail should never be confused with acquittal.

A bail order concerns liberty during criminal proceedings. The underlying allegations may still require investigation or trial.

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6. FIR Quashing and Delhi High Court Criminal Proceedings

Some criminal proceedings require consideration of remedies before the High Court.

Under the present procedural framework, the High Court’s inherent jurisdiction is preserved under Section 528 BNSS, corresponding broadly to the jurisdiction historically exercised under Section 482 CrPC.

Depending upon the circumstances, a petition may seek quashing of an FIR, chargesheet or consequential proceedings.

Examples may include certain disputes resolved through settlement, matrimonial proceedings, predominantly private disputes or cases where a recognised legal ground for intervention is available.

However, quashing is not automatic merely because the accused disputes the allegations or the parties have entered into a settlement.

The nature of the offence, allegations, procedural stage and applicable judicial principles require examination.

FIR quashing, bail, discharge and trial defence are different remedies and should not be treated as interchangeable.

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7. Cyber Crime, Online Fraud and Cyber Bail Matters

Cyber crime disputes increasingly involve bank accounts, UPI transactions, online investment schemes, impersonation, social-media accounts, digital communications and electronic evidence.

A person may become involved as a complainant, accused, beneficiary account holder, intermediary or recipient of a police/cyber-cell notice.

Cyber matters may involve questions concerning bank-account freezing, transaction trails, digital evidence, electronic devices, police notices, investigation and bail.

An allegation involving an online transaction should be examined through the transaction history and electronic evidence rather than approached merely as an ordinary cash dispute.

The chronology of digital transactions can become particularly important.

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8. Divorce and Matrimonial Proceedings

Matrimonial litigation can extend considerably beyond the divorce petition itself.

Our matrimonial practice includes mutual consent divorce, contested divorce, maintenance, domestic violence proceedings, child custody and visitation, judicial separation, restitution of conjugal rights, annulment and connected matrimonial disputes.

Mutual consent divorce requires careful settlement of connected issues.

Where applicable, the parties may need to determine permanent settlement, maintenance, custody, visitation, return of personal articles, pending complaints, property arrangements and the sequence for withdrawal or disposal of connected cases.

Contested divorce requires a different approach.

The statutory ground relied upon must be properly pleaded and ultimately supported through admissible evidence.

Matrimonial litigation should also be coordinated with connected criminal or domestic violence proceedings because statements, documents and settlement positions in one case may affect another.

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9. Child Custody and Visitation Matters

When parents separate, disputes concerning children require particular care.

Custody litigation should not be reduced merely to determining which parent “wins custody.”

Practical questions may include the child’s primary residence, education, regular visitation, weekends, holidays, video calls, travel, medical decisions and financial responsibility.

The welfare of the child remains central to judicial consideration.

Where settlement is possible, detailed parenting arrangements can sometimes reduce repeated future litigation.

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10. Domestic Violence and Maintenance Proceedings

Domestic disputes may generate proceedings concerning protection, residence, monetary relief, maintenance and other statutory remedies.

Maintenance questions can also arise under matrimonial law and criminal-procedure legislation depending upon the proceeding involved.

Financial disclosure is often important.

Income, assets, liabilities, dependants, expenditure, employment and standard of living may all become relevant depending upon the applicable legal framework.

Maintenance should therefore not be approached through a fixed percentage formula applicable to every family.

The facts and financial material of the individual case matter.

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11. Cheque Bounce Cases Under Section 138 NI Act

Cheque dishonour proceedings follow a specific statutory sequence.

A Section 138 matter may involve cheque presentation, dishonour, bank return memo, statutory demand notice, complaint, summoning, plea, complainant evidence, cross-examination, defence evidence, settlement and final judgment.

We represent both complainants and accused persons in cheque bounce matters.

For a complainant, limitation and statutory compliance are particularly important.

For an accused, the existence of a legally enforceable debt or liability, underlying transaction, statutory presumptions and available defence material require examination.

The fact that a cheque bears the drawer’s signature is important, but it does not mean every cheque-bounce complaint automatically ends in conviction.

Likewise, a complainant should not assume that dishonour alone is sufficient without compliance with the statutory requirements.

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12. Commercial Court and Business Disputes

Businesses, companies, partnerships, proprietorships and individuals engaged in commercial transactions may become involved in disputes over unpaid invoices, supply agreements, services, contracts, business transactions and other commercial relationships.

Before filing a commercial suit, the first question should be whether the dispute legally qualifies as a commercial dispute and satisfies the applicable jurisdictional requirements.

Commercial litigation has procedural features distinct from ordinary civil litigation.

Issues may include pre-institution mediation where applicable, disclosure of documents, statement of truth, strict written-statement timelines, admission and denial of documents, case-management hearings, summary judgment and commercial evidence.

Our commercial litigation work includes commercial recovery suits, contractual disputes, unpaid business dues, defendant-side commercial litigation, written statements, disclosure, counterclaims, set-off, interim applications, commercial mediation and execution proceedings.

A business dispute should therefore not automatically be filed as an ordinary recovery suit without examining the Commercial Courts Act and the transaction involved.

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13. Legal Notices and Replies

A legal notice can serve very different purposes depending upon the dispute.

In some proceedings, notice is part of a statutory requirement.

In others, it can formally record a demand, identify breach, seek compliance or create an opportunity for settlement before litigation begins.

Legal notices may arise in recovery disputes, property matters, commercial transactions, contractual disputes, matrimonial issues and cheque bounce proceedings.

A notice should be drafted with the possibility of future litigation in mind.

Unnecessary allegations, incorrect admissions or exaggerated statements may later create difficulties.

Likewise, receiving a legal notice should not automatically lead to an emotional or immediate reply.

The underlying documents and legal position should first be examined.

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14. Probate, Wills and Succession-Related Proceedings

Disputes can arise after the death of a family member regarding a Will, inheritance or administration of the deceased person’s estate.

Questions may involve validity of a Will, attestation, testamentary capacity, beneficiaries, legal heirs, property forming part of the estate and objections by interested persons.

Whether probate, letters of administration, succession-related proceedings or another remedy is required depends upon the nature of the estate, document and applicable law.

A handwritten or registered document should not automatically be assumed to constitute a legally valid Will merely because it expresses the deceased person’s wishes.

The statutory requirements and evidence must be examined.

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15. Appeals, Revisions and Challenges to Court Orders

An adverse order does not automatically mean that the entire case is over.

Depending upon the nature of the proceeding and order, the law may provide for an appeal, revision or another challenge before a higher court.

However, every unfavourable order is not immediately appealable.

Before challenging an order, it is important to examine whether the remedy is legally available, limitation, forum, standard of appellate review and consequences of the impugned order.

An appeal should identify legal or factual errors in the challenged decision rather than merely repeat the original case.

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16. Execution and Enforcement of Court Orders

Obtaining a decree or order may not always end litigation.

If the opposite party does not comply voluntarily, enforcement or execution proceedings may become necessary.

Execution issues can arise following money decrees, possession decrees, injunction orders, settlements and other enforceable directions.

Therefore, enforcement should be considered even before the original litigation is filed.

A favourable decree has practical value only when the relief can ultimately be implemented.

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How We Assess a New Matter

Our approach begins with classification of the dispute rather than immediately recommending litigation.

The usual sequence is:

Facts → documents → chronology → jurisdiction → limitation → legal relationship → available remedies → evidence → interim relief → settlement possibilities → litigation strategy.

This helps distinguish between matters requiring immediate court intervention and disputes where a notice, documentation, negotiation or another preliminary step should come first.

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Documents to Bring for the First Consultation

Depending upon the nature of the case, useful documents may include:

• FIR, police notice, complaint, chargesheet or bail order;
• legal notice and reply;
• agreements and contracts;
• property documents and site plans;
• bank statements and payment records;
• invoices and purchase orders;
• dishonoured cheque and return memo;
• marriage and matrimonial documents;
• court orders and pleadings from existing cases;
• emails, WhatsApp messages and other electronic communications;
• photographs, audio or video material where relevant; and
• a short date-wise chronology of important events.

Providing a clear chronology together with the relevant documents can make the initial legal assessment considerably more useful.

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Which Court Should Handle Your Case?

The answer depends upon the law and facts.

A matter does not belong in Dwarka Court merely because one party lives close to Dwarka.

Jurisdiction may depend upon the place where the cause of action arose, location of property, residence of parties, place of business, value of the claim, statutory provisions and nature of proceedings.

Some matters may lie before the District Courts.

Others may require the Family Court, Commercial Court, Magistrate Court, Sessions Court, Delhi High Court or Supreme Court.

Identifying the proper forum is therefore one of the first steps in litigation planning.

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Before Filing a Case

Filing should usually come after preparation—not before it.

Before beginning litigation, consider whether the claim is within limitation, whether the evidence supports the allegations, whether the correct parties have been identified, whether a legal notice or statutory pre-litigation process applies, whether urgent interim relief is necessary and whether the eventual decree or order can realistically be enforced.

Sometimes litigation is necessary.

Sometimes settlement is commercially or personally preferable.

And sometimes the correct advice is that additional documents or evidence should first be obtained before proceedings are commenced.

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Frequently Asked Questions

Do you handle both civil and criminal cases?

Yes. Our litigation practice includes civil, criminal, property, matrimonial, cheque bounce, commercial and related proceedings, depending upon jurisdiction and the particular facts.

Do you handle both complainant and accused-side criminal matters?

Yes. Criminal representation depends upon the procedural position of the client and may involve complainant-side proceedings, defence, bail, trial, appeal or High Court remedies.

Do you represent both sides in cheque bounce cases?

Our practice includes representation of complainants as well as accused persons in Section 138 NI Act proceedings, subject to conflict checks.

Does every property dispute require a civil suit?

No. The appropriate remedy depends upon title, possession, documents, nature of interference and relief required.

Does every business recovery case go to Commercial Court?

No. The transaction must satisfy the statutory requirements for a commercial dispute and the applicable jurisdictional conditions.

Can cases be settled after litigation has started?

Many civil, commercial, matrimonial and appropriate criminal disputes can still be resolved through settlement or mediation, depending upon the nature of the proceeding and applicable law.

Do you handle matters before the Delhi High Court?

Where the legal remedy lies before the Delhi High Court, matters may include appropriate criminal petitions, quashing proceedings, appeals, revisions, writ proceedings and other High Court remedies depending upon the case.

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How should I prepare before consultation?

Keep the important documents together and prepare a brief date-wise chronology. Identify the immediate problem you want the legal process to address.

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Conclusion

The expression “legal case” covers very different disputes and procedures.

A civil injunction is not handled like a bail application.

A cheque bounce complaint is not the same as an ordinary recovery suit.

A Commercial Court case has procedures different from an ordinary civil suit.

A divorce petition may interact with maintenance, custody, domestic violence and criminal proceedings.

An FIR may require bail, trial defence, discharge or High Court intervention depending upon its stage and facts.

For this reason, the first objective should always be to identify the correct legal problem and the correct remedy.

At Ankit Gaurav Kainth & Associates, our litigation practice at Dwarka Courts focuses on analysing the facts, documents, jurisdiction and available legal remedies before deciding the appropriate course of action.

Good litigation begins with correct case assessment.

Disclaimer: This page provides general legal information. It is not a substitute for legal advice based upon the facts and documents of a particular matter. Jurisdiction, limitation, procedure and legal remedies depend upon the individual circumstances of each case.

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